FOR
THORNTON STREET OVERPASS PROJECT
City Project No. ST1998-03
NOTICE IS HEREBY GIVEN by CITY OF FERNDALE that sealed bid proposals will be received by the City of Ferndale at Ferndale City Hall, 2095 Main Street, Ferndale, Washington, 98248, (360) 384-4006, until November 21, 2019 at 2:00 p.m., and will then and there be opened and publicly read for the Thornton Street Overpass Project.
PROJECT DESCRIPTION: This contract provides for the construction of a roadway and bridge over the BNSF Railroad Tracks. Project limits are from the vicinity of the Thornton/Malloy intersection, then easterly and southerly to the north leg of the 2nd Avenue Roundabout. Work will include a preload settlement period, trench excavation; utility work, construction of a bridge; and other work in accordance with the Contract Plans, Special Provisions, the Standard Specifications, including the amendments thereto, and Standard Plans.
Bid Guaranty
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond and payment bond both in an amount of 100 percent (100%) of the contract price within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Ferndale. All bidders and subcontractors shall have a contractor’s license to work in the State of Washington and a City of Ferndale Business License before starting work. All work performed on this project will be subject to prevailing state wage rates.
Project Documents
Maps, plans, and specifications may be obtained from the Ferndale Public Works Department, located at Ferndale City Hall upon payment in the amount of $50 for specifications and plan sets. Informational copies of maps, plans and specifications are on file for inspection at 2095 Main Street, Ferndale, Washington 98248. An electronic version of the project plans and specifications are available for download on the City of Ferndale website at www.cityofferndale.org/thorntonoverpass. If you download the bid documents, you are required to contact the City via email at public-works@cityofferndale.org to be added to the planholders’ list.
Questions regarding the information contained within the Project Documents shall be directed to Reichhardt & Ebe Engineering, Inc. at (360) 354-3687, attention Luis Ponce, P.E. and/or Aric Smathers, P.E.
Pre-Bid Conference
Bidders, prior to submittal of a bid, may attend a pre-bid conference with the Project Engineer. The meeting will start on November 7, 2019 at 1 p.m. at the Ferndale City Hall, 2095 Main Street, Ferndale, Washington 98248. A jobsite visit may follow upon request.
The City of Ferndale in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.
The City of Ferndale is an Equal Opportunity and Affirmative Action Employer. Minority and Women-Owned firms are encouraged to submit bids.
Susan Duncan
City Clerk – City of Ferndale
Published October 23rd and 30th, 2019
Ferndale Record Journal
Seattle Daily Journal of Commerce
Click here for Council Meeting Materials
| City Council Agenda Follow-Up October 21, 2019 | |
| APPROVAL OF AGENDA Councilmember Hansen moved, and Councilmember Bersch seconded, to excuse Councilmember Olson. MOTION CARRIED 6-0. Councilmember Bersch moved, and Councilmember Taylor seconded, to approve the agenda as presented. MOTION CARRIED 6-0. | APPROVED |
| PUBLIC COMMENT | INFO ONLY |
| CONSENT AGENDA Councilmember Hansen moved, and Councilmember Bishop seconded, to approve the consent agenda. MOTION CARRIED 6-0. | APPROVED |
| PROCLAMATION: Mental Health Awareness Month | INFO ONLY |
| PRESENTATION: Brian Enslow, City Lobbyist City Lobbyist Brian Enslow presented a preview of the 2020 legislative session. | INFO ONLY |
| CAPITAL PROJECTS UPDATE Public Works Project Manager Katy Radder presented an update on the following capital projects: Ferndale Terrace – Currently in the design phase and determining the road alignmentNordic to Scout Water Line – Design review is 90% completePump Station #19 Decommissioning – Easement documents have been signed and the project is moving forward with the design phaseThornton Road- Vista to Malloy – Statements of Qualifications have been submitted and are currently under reviewThornton Road Overpass – The project will go out to bid this week with an anticipated bid opening date of November 21 | INFO ONLY |
| DISCUSSION: LaBounty Signs The City was approached by Whatcom County resident Debbie LaBounty with a request to remove and replace several signs to reflect the capitalization of her family’s name; Ms. LaBounty indicated that her family believes the road was originally named after her grandparents. The signs are located at the intersections of Smith and Nordic, Slater and Seahawk, and east and westbound Main Street intersections. Replacement of the signs utilizing the capitalization preferred by the LaBounty family would require that all six signs be replaced. The current draft of the 2020 budget does not have funding identified for replacement of these signs. At the Public Works & Utilities Committee meeting on October 16, committee members forwarded this item to the full Council for further discussion, with a recommendation of approval of up to $2,000 in the 2020 budget to replace the signs. Councilmember Jensen moved, and Councilmember Bersch seconded, to approve the agenda bill. MOTION CARRIED 6-0. | APPROVED |
| RESOLUTION: Affordable Housing In 2019 the Washington State Legislature, through SHB 1406, established a process through which the local governing body of a city or county could collect sales tax for the purpose of funding affordable housing-related projects. SHB 1406 does not increase sales tax rates; rather, it reduces the amount of sales tax collected by Washington State and returns it to the local jurisdiction(s) for these specific purposes. It appears that a significant majority of local jurisdictions will take advantage of this new process. This program is expected to have a ten-year duration. Whatcom County, Bellingham, and the small cities have discussed the fact that Whatcom County currently acts as the regional distributor of shared funds, in a variety of capacities. As a result, the County has existing processes, procedures, and seated bodies that may be able to reduce overhead as compared to collection and disbursement by individual cities, and may be able to consolidate revenues in a manner that has a more-meaningful regional impact. This regional approach would provide the ability for the funds to be used in a manner that is most effective, and may provide the ability to concentrate regional funding either on an ongoing basis or on a project-by-project basis to create meaningful assistance. It is estimated that Ferndale’s share of the total taxable revenues, based on 2018 taxable sales, would be approximately $36,500 per year. In total, if all jurisdictions participate together and consolidate, the County would collect and disburse approximately $660,000 per year. The Whatcom County Council is prepared to act on the proposed tax but cannot take action until all participating jurisdictions have first agreed not to impose the tax themselves. The resolution that was presented to Council on September 16 has been modified slightly to include new “whereas” statements addressing the composition of the advisory committee, and describing the City’s expectations for the equitable distribution of the affordable housing taxes amongst the small cities, particularly Ferndale. Councilmember Jensen moved, and Councilmember Hansen seconded, to approve the agenda bill. MOTION CARRIED 6-0. | APPROVED |
| MAYOR REPORTS/COMMENTS Information only. COUNCIL REPORTS/COMMENTS Information only. DEPARTMENT REPORTS Information only. | INFO ONLY |
| ADJOURNMENT The meeting was adjourned at 7:07 p.m. |
Due to localized flooding, W. Smith Road between Hovander Road and LaBounty Drive is closed until the water recedes and Public Works crews can inspect the road conditions. Please utilize alternative routes.
For more information, please call Ferndale Public Works at (360) 384-4006.
The City has a number of Boards and Commissions that work to advise the council on a broad array of subjects. These are volunteer positions but absolutely essential to providing quality input to the city decision making process.
To apply for one of these positions, please fill out this application and email it to City Clerk Susan Duncan at susanduncan@cityofferndale.org. Click the links below to learn more about each board or commission.
Here are the positions currently seeking volunteers:
Washington Supreme Court Justices Tour Ferndale Court Facilities
A delegation from the Washington Supreme Court visited the Ferndale Municipal Court today to highlight the challenging conditions at the courthouse. Chief Justice Mary Fairhurst, Justice Mary Yu and Justice Steven Gonzalez were joined by Bellingham Municipal Court Judge Debra Lev and Commissioner Pete Smiley during their visit.
Currently Ferndale Municipal Court is held in the City Annex on Second Avenue in downtown Ferndale. The facility, once a garage for the local firestation, also hosts proceedings by the city council, planning commission and hearing examiner. In recent years, the space has struggled to accommodate its growing uses.
“I am concerned and troubled that the limitations of our facilities may have an impact on the functions of our justice system,” said Ferndale Municipal Court Judge Mark Kaiman. “We must ensure due process for all involved, this cannot wait.”
Earlier the year, the City worked with the school district to assess whether a new joint courtroom and city hall could be established at the Old Main building of Ferndale High School but decided to pass on that option due to the cost.
The City and Council continue to work towards a new facility for the courthouse and city hall and are exploring options as part of the 2020 budget process.
| City Council Agenda Follow-Up October 7, 2019 | |
| APPROVAL OF AGENDA Councilmember Taylor moved, and Councilmember Jensen seconded, to approve the agenda as presented. MOTION CARRIED 7-0. | APPROVED |
| PUBLIC COMMENT | INFO ONLY |
| CONSENT AGENDA Councilmember Hansen moved, and Councilmember Taylor seconded, to approve the consent agenda. MOTION CARRIED 7-0. | APPROVED |
| FCS GROUP PRESENTATION: Cost of Service Martin Chaw of FCS Group presented the results of the water/wastewater rate study regarding the cost of service, and answered Councilmembers’ and audience members’ questions. | INFO ONLY |
| COUNCIL SELECTION OF THREE CATALYST REVIEW COMMITTEE MEMBERS In March of 2019, the City Council approved the adoption of the Downtown Catalyst Incentive program. The program was initiated in order to allow a waiver of City fees for up to three developments that meet the size, use, and catalyst scoring criteria. The goal of the program is to create conditions that foster the mixed-use redevelopment of the Downtown core as envisioned by the City’s Comprehensive Plan. The City has received four Catalyst Project development applications, and staff is currently conducting a technical review of the applications in order to verify the proposals meet development regulations and comply with catalyst incentive criteria listed in FMC 18.48.020. Following the technical review, staff will forward the application materials accompanied by a staff report and recommendation to the Catalyst Committee for review. The three projects with the highest scores above 190 combined points shall be forwarded to the City Council for final consideration. The Council shall review the scores of the Review Committee and shall be authorized to allow members of the public, staff, and the applicant to speak on the subject. Th City Council shall then be authorized to approve or deny the recommendations of the Committee. Those applications that are approved will be invited to enter into a catalyst development agreement as described in FMC 18.48.080(A). The Catalyst Review Committee is required to consist of five members, including one Planning Commission member, one EAGLE Board member, and three Councilmembers. Mayor Mutchler appointed Greg Crim from the Planning Commission and Sean Hegstad from the EAGLE Board. Planning & Land Use Committee members recommended a full-Council discussion for the selection and appointment of three Councilmembers to serve on the Catalyst Review Committee. Councilmember Jensen moved, and Councilmember Bersch seconded, to approve the appointments of Councilmembers Xczar, Hansen, and Taylor to the Catalyst Review Committee. MOTION CARRIED 7-0. | APPROVED |
| DISCUSSION: Ethics Complaint/Council Recommendation In August of 2019, two ethics complaints were filed against Mayor Mutchler by Councilmember Olson. Attorney Scott Snyder of Ogden, Murphy & Wallace conducted the investigation of the two complaints filed against Mayor Mutchler. He concluded that the complaint regarding an attempt to interfere in a police investigation was unfounded; however, there was a technical violation regarding the political signs complaint. Per the Council Rules of Procedure/Ethics Handbook, if review of a complaint shows that there is a violation of the Ethics Handbook, the matter must be referred to a three-person Council Ad-Hoc Committee. The Ad-Hoc Committee’s task is to review the attorney’s report and forward a recommendation to the full Council. A special meeting was held on Wednesday, October 2, in order to form the ad-hoc committee. At that meeting, it was determined that, due to several conflicts of interest, it was not possible to select a three-person committee. Therefore, according to the Council Rules of Procedure/Ethics Handbook, the review of the attorney’s findings and any recommended action is to be conducted by the full Council. In accordance with State law, the review and discussion of such complaint may, at the request of the accused, be held in Executive Session. Any final action must take place in open session. Mayor Mutchler did not request an Executive Session; therefore the review, discussion, and recommendation by Council will be held in open session. Councilmember Olson moved to create an admonishment and clarify that no political signs are allowed in any City parking lot. Motion died for lack of a second. Councilmember Bishop moved, and Councilmember Jensen seconded, to discuss the City’s sign code at the next Planning & Land Use Committee meeting. MOTION CARRIED 7-0. | COUNCIL RECOMMENDATION TO REVIEW SIGN CODE APPROVED |
| MAYOR REPORTS/COMMENTS Information only. COUNCIL REPORTS/COMMENTS Information only. DEPARTMENT REPORTS Information only. | INFO ONLY |
| EXECUTIVE SESSION: RCW 42.30.110 (f), (i) No action was taken following the executive session. | |
| ADJOURNMENT The meeting was adjourned at 8:13 p.m. |
City Weighs Options for More Equitable Utility Rate Structure
On Monday, Oct. 7th at 6pm in the City Annex (5694 Second Avenue), the City Council will be reviewing options for adjusting the utility rates.
Earlier this year, the City hired FCS Group to study our rate structure and provide recommendations on how to fund future capital projects while maintaining a fair structure for all ratepayers. This meeting, they will be presenting their findings and the options available to the council going forward.
The public is encouraged to attend and share their input on the best way to provide for the future of our utility system. More information about the rate study, including their presentation on revenue requirements in August and the materials for their presentation on Monday, is available on the city website here: www.cityofferndale.org/ratestudy