Compiled by Bill McCallum

Action Taken at August 13, 2019 Meeting

Shall the commission:
92. Authorize the executive director to sign a $577,338 contract with Anchor QEA of Seattle for phase 2 of the Whatcom Waterway cleanup project.? This contract is for engineering and remedial design. The project falls under the Model Toxics Control Act and phase 1 of was completed in 2016. A contingency fee of $57,734 brings the total contract to $635,072. (8672/Action Item 2) Approved 3-0

93. Authorize the executive director to sign a $268,295 contract with Moffatt & Nichol of Long Beach, Calif., for design repairs to the Bellingham Cruise Terminal? The 30-year-old structure is in fair condition but is showing expected deterioration and wear for a structure on salt water. A report on the condition of the terminal was provided by BergerABAM of Federal Way in March 2017. The repairs in this contract are for steel pilings and supports. Total repairs in the conditions assessment is approximately $2,105,000. (8673/Action Item 3) Approved 3-0

94. Authorize the executive director to sign a $147,745 contract with Patano Studio Architecture of Seattle for the preliminary design of a commercial customs and immigration facility at the Bellingham airport? The airport does not have foreign inspection service for commercial flights. Commercial carriers have indicated they want to add international flights to the Bellingham airport. The new facility would have the capacity to process up to 374 passengers per hour. This contract will be limited to 30 percent of the design to receive preliminary approval from the United States Customs and Immigration Service. (8674/Action Item 4) Approved 3-0

95. Approve revisions to three resolutions covering purchasing guidelines? Resolution 1106-V gives the executive director authority to establish purchasing guidelines. This revision will give the executive director more signing and delegation authority. Resolution 1279-A establishes policies and procedures for personnel service agreement contracts. This revision will give the executive director more signing and delegation authority. Resolution 1358-B established policies and procedures to implement the small works roster. This revision updates statutory thresholds. (8675/Action Item 5) Approved 3-0

96. Authorize the executive director to authorize the state of Washingon to give notice to Integrity Energy Services of Bellevue to proceed with five capital improvement projects costing $1,580,947? At the 3/5/2019 meeting, vote #33, the commission authorized the executive director to sign an energy audit funding with the state. Integrity Energy Services was selected to perform the audit and develop an energy services proposal. The audit has been completed and the measures recommended. (8676/Action Item 6) Approved 2-0, Ken Bell is a Bayview Center tenant so he didn’t vote.

97. Authorize the executive director to approve international travel for one port staffer? The staffer will travel to Norway as part of the Washington Maritime Blue committee. The committee will explore areas of clean energy, zero-emission vessels and economic development. The total cost is expected to be $5,000. (8677/Action Item 7) Approved 3-0

98. Declare specified equipment as surplus and sell it at public auction? The surplus property includes: 11 light fixtures, eight kerosene heaters, two walk-in fridge/freezers, 225kw generator, lift-a-loft passenger lift, aerator, 1996 Ford F150, and a John Deere mower. (8683/Consent Agenda E) Approved 3-0

99. Authorize the executive director to sign a residential rental agreement for each of Cohanim Bellwether D residential tenants? Cohanim Bellwether D LLC is contractually required to complete construction of Building D by 10/1/2019. It is close to completion and the 42 residential apartments are available for rent. Each tenant is required to sign a release, indemnification and hold harmless agreement. The agreement applies to the port, its officers, commissioners, employees, agents, Cohanim Bellwether D LLC, and any neighboring port tenants and/or any future neighboring tenants, that may enter into a lease with the port from any and all demands, claims, judgments, or liability for loss or damage. (8685/Consent Agenda G) Approved 3-0

100. Authorize the executive director to accept a $215,786 state grant to assist in economic development activities for Whatcom County? The two-year associate development organization grant is for $107,893 each year. The state legislature created the organization in 1993 to support local economic development. From 1993 to 2012, the Northwest Economic Council served as the lead economic development organization in the county. Responsibilities were transferred to the Port of Bellingham at the 3/6/2012 meeting, vote #44. (8689/Consent Agenda K) Approved 3-0

101. Authorize the sale of six vessels for the nonpayment of moorage fees? The auction was held on September 12 and 13 for a 30-foot sailboat with unpaid moorage fees of $2,507, a 36-foot sailboat with unpaid moorage fees of $3,108, a 26-foot cruiser with unpaid moorage fees of $2,199, a 31-foot cruiser with unpaid moorage fees of $3,090, a 23-foot sailboat with unpaid moorage fees of $2,233, and a 39-foot sailboat with unpaid moorage fees of $3,534. (8691/Consent Agenda M) Approved 3-0

Action Taken at September 3, 2019 Meeting

Shall the commission:
102. Authorize the executive director to approve $100,000 in funding for the Farming for Life Center in Lynden? The center is located at the Northwest Washington Fairgrounds and pays tribute to those who work in the agriculture field. It will showcase the people and products from Northwest Washington. There will be a commercial kitchen and a Washington State University food lab. This year, grants for economic development in six small cities is being shifted to the Farming for Life Center. (8707/Action Item 1) Approved 3-0

103. Authorize the executive director to sign a two-year agreement with Western Washington University to fund the Small Business Development Center? Total funding for 2020 is $262,200 and for 2021 it is $270,100. Whatcom County funds 50 percent, the city of Bellingham and the Port of Bellingham 25 percent each. The Port of Bellingham portion for 2020 is $65,550 and for 2021 it is $67,525. (8709/Consent Agenda B) Approved 3-0

104. Authorize the executive director to accept a $750,000 grant from the Whatcom County Economic Development Investment Board? The grant requires the port to contribute $75,000 in matching funds. The EDI Board includes members of small cities and other economic interests such as the agriculture community. The money comes from portions of the rural sales tax which can only be used for public facility projects. This grant is for segment one of the rural broadband construction project. The first phase of the construction starts at Bellingham and goes to Nugent’s Corner, Deming, Kendall, Maple Falls and ends at Glacier. The total length is 40.6 miles. The total estimated cost of the project is $2,125,000. (8710/Consent Agenda C) Approved 3-0

105. Authorize the executive director to sign a $86,562 contact (amendment #2) with PH Consulting of Tacoma for Harris Avenue railroad crossing modifications? The first amendment of the quiet zone includes a survey, permitting, ADA compliance evaluation, traffic engineering, design and grant funds coordination. At the 2/6/2018 meeting, vote #26, the port received a $350,000 federal grant for improvements to the crossing. The second amendment will fund construction administration support. The port had partnered with the city of Bellingham to improve five railroad crossings in Fairhaven. The total amended contract is $128,629. (8711/Consent Agenda D) Approved 3-0

106. Small Works Roster: Contracts under $300,000 fall within the executive director’s spending authority; they only require commission notification. Replacing carpet at the Bellingham airport, $38,599; C Street rolling (chain link) gate, $10,043; soil for the waterfront bike park (pump track), $160,387; construction of the waterfront bike park (pump track), $110,222; and repairing the sprinkler system in building 1 at the Fairhaven industrial park, $144,897. (8713/Consent Agenda F) Approved 3-0

107. Transfer a lease from Sofie’s Properties to RespLabs Medical USA for a Bellingham airport site? RespLabs Medical USA is located in Ferndale and sells CPAP (continous positive airway pressure) products for people who have breathing problems, such as sleep apnea. (8715/Consent Agenda H) Approved 3-0

108. Change the petty cash custodian at the accounting office from Valerie Schorr to Tamara Sobjack? Petty cash funds have been established to facilitate minor purchases and for making change. The petty cash custodian is being changed because Valerie Schorr is not longer employed by the port. 8716/Consent Agenda I (Resolution 1362-A) Approved 3-0

109. Authorize the executive director to sign the third cost sharing agreement (amendment #1) with Bornstein Seafoods for the I&J Waterways site? At the 5/3/2005 meeting, vote #63, the commission authorized the executive director to sign an agreement with Bornstein Seafoods to share costs for a remedial investigation/feasibility study of the I&J Waterway site. The port and Bornstein have been labeled as potentially liable parties for contamination and are responsible for the cleanup. In 2007, the remedial investigation/feasibility study was put on hold and re-started with a second cost sharing agreement approved at the 12/18/2012 meeting, vote #195. The port, in coordination with Bornstein Seafoods and the state, has developed a draft cleanup action plan for the site which describes how the preferred alternative will be implemented. At the 6/4/2019 meeting, vote #71, the commission approved a $790,000 contract with Crete Consulting to perform remedial design and permitting for the I&J Waterway cleanup project. (8717/Consent Agenda J) Approved 3-0 Approved 3-0

Action Taken at September 17, 2019 Meeting

Shall the commission:
110. Authorize the executive director to sign a release and settlement agreement with Joe Robinson and Puglia Engineering relating to injuries suffered on 2/8/2017? On the early morning hours of 2/8/2017, Robinson slipped on snow-covered ice and fell. He was performing work for Puglia Engineering at their Fairhaven shipyard. Pugliaﾕs insurer retained counsel to defend the port. A settlement required Pugliaﾕs insurance to pay Robinson $825,000 in exchange for claims against the port and Puglia being dropped and and the lawsuit dismissed. The port does not have any fiscal liability. (8744/Consent Agenda B) Approved 3-0

111. Declare certain furnishings surplus and allow staff to sell or donate items. The Mt. Baker Conference Room where commission meetings are held is being updated. The surplus furniture includes: 19 chairs, one conference table, oriental rug, bookcase, television, DVD player, lamp, books, vases and nicknacks. Items not sold will be donated to a nonprofit organization. 8745/Consent Agenda C (Resolution 1385) Approved 3-0

112. Authorize the executive director to sign a nondisclosure agreement with Puget Sound Energy for the purpose of negotiating a pole lease agreement? Segment one of the rural broadband project is in the pre-design stage. Approximately 90 percent of the first 40 miles will be strung on utility poles belonging to Puget Sound Energy. The nondisclosure agreement will allow both parties to negotiate terms of the pole lease agreement. (8746/Consent Agenda D) Approved 3-0

113. Authorize the executive director to sign a loan repayment contract with the state of Washington? The port was awarded a $1,168,782 loan/grant from the state Community Economic Revitalization Board for segment one of the rural broadband project. The loan is $584,391: repayment is $633,600 over 10 years. 8747/Consent Agenda E (Resolution 1386) Approved 3-0

114. Approve a land lease with BCS Operations for a 0.6-acre parcel at 2800 Roeder Avenue? BCS Operations is doing business as Bellingham Cold Storage. They will use the parcel as parking in support of their operations. The port recently installed pavement and stormwater improvements on this parcel at a cost of approximately $300,000. Base rent over the 10-year lease is approximately $201,500. Improvement amortized over 10 years will be approximately $367,000. (8749/Consent Agenda G) Approved 3-0

115. Declare the building and associated leasehold improvements located at 3710 Williamson Way as surplus with the intent to sell? (Public hearing held on September 3.) The airport property was leased to the Whatcom Humane Society until 2013. The building was leased to The Puget Hound, LLC in 2017. Rover Stay Over (dog boarding, daycare and grooming services) currently leases the building at 3710 Williamson Way. The lease includes the option to purchase the 3,768 square foot building located at the Bellingham airport. Rover Stay Over desires to exercise its option to purchase the building. The purchase price is $53,239. 8740/Action Item 1 (Resolution 1384) Approved 3-0

116. Renew and modify a three-year lease with Rover Stay Over? Rent for the land at 3710 Willliamson Way (approximately 25,000 square feet) will be $5.50 per square foot for the first year and a 3 percent increase for years two and three. Rent for the building will be $1.20 per square foot. Lessee has exercised the option to purchase the building; upon closing of the building purchase, the rent will removed. Land rent for three year will be $38,250. (8741/Action Item 2) Approved 3-0