Port of Bellingham Commission

Action Taken at May 1, 2012 Meeting

Shall the commission:

76. Authorize the interim executive director to award the lowest responsive bid of $347,317 to Whatcom Security Agency of Bellingham for security services? The low bid of $330,255 was submitted by Cypress Security. The company failed to sign the form or identify the project on the bid form; legal council determined it was a non-responsive bid. The security work was advertised and three bids were received. A contingency fee of $34,700 brings the total contract to $382,017. The contract runs from 6/1/2012 to 5/31/2013. (Consent Agenda C) Approved 3-0

77. Authorize the interim executive director to sign a two-year contract with CenturyLink for 73 analog phone lines? To qualify for a price reduction the port must maintain at least 50 operational analog lines. The yearly cost is approximately $18,088. (Consent Agenda D) Approved 3-0

78. Authorize the interim executive director to award the low bid of $438,154 to American Building Maintenance of New York for janitorial services? The contract is for 36 port facilities, two more than the previous contract. The work was advertised and two bids were received. The previous contract plus contingency fee approved at the 6/7/2011 meeting, vote #82, was for $535,930. This contract runs from 7/1/2012 through 6/30/2013 and includes a $43,815 contingency fee for a total of $481,969. (Consent Agenda F) Approved 3-0

79. Authorize the interim executive director to spend $39,590 to relocate and assemble a modular unit for Allegiant Air? An existing modular unit is currently used by Allegiant Air for commissary functions. The terminal expansion project required the unit to be removed. A modular unit being stored at the airport will be relocated and assembled at a permanent location. The work will be done by Pacific Mobile Structures of Chehalis. The port’s membership in the King County Director’s Association was used to find the company to do the work. A contingency fee of $3,959 brings the total authorized amount to $43,549. (Consent Agenda G) Approved 3-0

80. Authorize the interim executive director to spend $55,828 to purchase and install two trash compactors at the Bellingham airport? The airport has outgrown the existing trash facilities requiring garbage to be picked up several times a week. The two compactors will be purchased from and installed by Solid Waste Systems of Spokane. The state of Washington bidding process was used to make the purchase. A contingency fee of $5,583 brings the total authorized amount to $61,411. (Consent Agenda H) Approved 3-0

81. Approve travel by Lydia Bennett to give a presentation to members of the Real Estate Institute of Canada in Vancouver, B.C.? The Real Estate Board of Greater Vancouver Commercial Division asked the port to make the presentation on Tuesday, May 22 at 4:30 p.m. The estimated cost of the travel is $75.00. (Consent Agenda I) Approved 3-0

82. Renew a ground lease with Allegiant Air? In June 2004, the airline began flights between Bellingham and Las Vegas, added flights to Reno in May of 2007 and Long Beach, CA in July of 2010. In 2008, the airline established the Bellingham airport as a flight crew and maintenance base station. Allegiant employees over 150 crew members and staff in Bellingham. The airline currently occupies three modular buildings; they would like to construct a permanent building on airport property. The proposed ground lease is for 30 years with two consecutive five year renewal options. (Action Item 1) Approved 3-0

83. Amend a contract with NRC Environmental Services of Seattle for services associated with the Squalicum Harbor boathouse fire? Twelve boats were destroyed in the early morning fire on March 30. The original contract was ratified by the commission at the the 4/17/2012 meeting, vote #75. This amendment includes environmental cleanup work such as decontamination and disposal operations and is for an estimated $55,000 bringing the total estimated contract to $230,000. (Action Item 2) Approved 3-0

84. Authorize the interim executive director to sign a $68,061 contract (amendment #13) with Reid Middleton of Everett for fire damage assessment for the Gate 3 docks F & G replacement project? Reid Middleton will assess the extent of damage to the Gate 3 floatings docks and pilings immediately surrounding the G-East boathouse. This amendment brings the total amended amount to $1,081,961. (Action Item 3) Approved 3-0

85. Renew and modify a lease with Marine Spill Response Corporation of Everett, for office and shop space in Squalicum Harbor? Marine Spill Response recovers, stores and cleans-up oil spills for corporations and governmental bodies. The space is for the storage/maintenance of oil spill response equipment/supplies and related work activities. The original lease was approved at the 6/7/2005 meeting, vote #71. The lease was renewed in July of 2007 for five years. This renewal will begin 7/1/2012 and end on 6/30/2017. The rent for the five-year period will be $114,810. Action Item 4) Approved 3-0

86. Adopt a real estate broker compensation policy? This policy will replace Resolution 1073, adopted in 1997. There are two primary changes in the policy. The first change more clearly defines the port requirements for a broker to be considered the “procuring cause” of the sale or lease of port-owned land or buildings. The second change incorporates “sale transactions” given that some of the Waterfront District properties may be offered for sale. Action Item 5 (Resolution 1306) Approved 3-0

87. Re-engage Waldron & Company of Seattle to conduct a search for a new executive director? The commission accepted the resignation of Executive Director Charlie Sheldon at the 4/3/2012 meeting, vote #58. The commission initially approved a contract with the Waldron & Company at the 3/4/2010 meeting, vote #48, to conduct an executive director search that resulted in Charlie Sheldon being hired at the 10/14/2010 meeting, vote #139. The two year contract is binding for two more days. The port only needs to pay expenses for a new executive director search. Approved 3-0

Action Taken at May 14, 2012 Meeting

Note: The Tuesday, May 15 meeting was moved to Monday, May 14 so the commissioners could attend a Washington Public Ports Association meeting in Spokane.

Shall the commission:

88. Authorize the interim executive director to sign a $51,582 contract with Cardno TEC of Charlottesville, VA, to perform consulting services for the environmental compliance assessment program? The program began in 1992; the port started looking more closely at the impact of the port and tenant operations on port properties. Approximately 80 tenants are subject to some form of environmental regulation; the port regularly inspects these tenants. The contract runs from 5/15/2012 through 4/30/2013. (Consent Agenda A) Approved 3-0

89. Increase the number of port commissioners from three to five? The question can be placed on the ballot by the port commission or petitions signed by 10 percent of those that voted in the last general election. A resolution to increase the commission from three to five members will be placed on the November 6, 2012 ballot. Approved 2-1, Scott Walker opposed.

90. Authorize the interim executive director to sign a $176,300 contract with Anchor QEA of Seattle to complete the remedial investigation/feasibility study at the Central Waterfront site? The site is approximately 55 acres of industrial property used for bulk fueling, boat yard operations, rock crushing and municipal waste disposal. This site falls under the Model Toxics Control Act making 50 percent of cleanup costs eligible for state grants. A contingency fee of $17,630 brings the total contract to $193,930. (Action Item 1) Approved 3-0

91. Authorize the executive director to sign a $29,677 contract (amendment #5) with Anchor QEA of Seattle to perform soil and groundwater testing, reporting and project management for the Squalicum Creek restoration project? This project will help restore Bellingham Bay. At the 7/6/2010 meeting, vote #103, Anchor QEA (formerly Anchor Environmental) was authorized to produce a conceptual plan for major components of the project: habitat enhancement of the creek estuary, modification of two bridges, removal of the concrete bottom between the two bridges and replacement of a sewer trunk line. At this point, approximately $2,085,000 has been secured by grants by the city of Bellingham and the port. This amendment brings the total contract to $542,187. (Action Item 2) Approved 3-0

92. Implement the Squalicum Boathouse art program? Existing artwork was installed in 2000. The artwork has begun to deteriorate from ultra violet light. After a review of the facility, the Public Art Advisory Term has developed a comprehensive art plan of the boathouse. The estimated cost is $9,000. (Action Item 3) Approved 3-0

93. Increase the salary of Interim Executive Director Rob Fix by 15 percent starting on 5/1/2012? There was no discussion about the motion. (New Business) Approved 2-1, Kenneth McAuley opposed.