HomeMy WebLinkAboutres2003-033WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2003 -148
CLEARANCES
Inlod
Date
Dote Recelved In Council D Ice
Agenda Date
As eed to:
Originator:
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SUBJECT.
Resolution Resolution amending County Road Project (CRP) No. 900905, "Lummi View Drive" to include construction
funding of $1,000,000.
ATTACHMENTS:
1. Memo to County Executive and Council
2. Vicinity Map
3. Resolution (Including Interlocal agreement with the Lummi Nation)
Related County Contract #:
Should Clerk schedule a hearing: NO/ / YES /_/ Requested Date:
SUMMARY STATEMENT:
This CRP currently contains $200,000 for preliminary engineering
and Right of Way acquisition. Currently no funds are committed to
construction. Due to the unanticipated ability of this project to be
constructed in 2003 construction funding in the amount of
$1,000,000 is requested to be added to CRP 900905 for a new total
of $1,200,000. Approval of this resolution will also authorize the
County Executive to execute the Interlocal Agreement between the
County and the Lummi Nation to complete this project.
Ordinance R Resolution
To keep down our copying costs, indicate
receive a casy after Council action
Dhtribuaon Beauest
only than who must
List names to the right.
ADS Fadades Management
ADS Finance
ADSHuman Resources
ADS/ds Serviees
Assessor
Auditor
coopreadve Extension
District Conn
Executive
Health
RECOMMENDED ACTION:
Amend CRP No. 900905 by adding $1,000,000 for construction for
a new total of $1,200,000 and authorizing the County Executive to
execute the Interlocal Agreement with the Lummi Nation.
Hearing Examinee
Jail
Juventle
Park
Planning
COUNCIL ACTION TAKEN.
2003-148 4/812003'. Approved 8 -0, Nelson absent, Res. #2003 -033
R
Prosecutor
Public Work
Joe Rutan
Dawn Pierce
sherli
Superior Court
Treasurer
other
Ordinance off' j l on Nu er
(this item): F :`�0 ',33
I SPONSORED BY:
2 PROPOSED BY: Public, Works - Engineering
3 INTRODUCTION DATE: 4/9/07
RESOLUTION NO. 2003 -033
A RESOLUTION AMENDING COUNTY ROAD PROJECT No. 900905
"LUMMI VIEW DRIVE"
WHEREAS, County Road Project (CRP) No. 900905 " Lummi View Drive" is item
number 18 on the 2003 Amended Annual Construction Program; and,
WHEREAS, the Lummi View Drive project, otherwise known as the Lummi View
Drive / Lummi Shore Road Project No. 2, is a joint project with Lummi Nation and due to
their efforts this project has been accelerated to a proposed 2003 completion; and,
WHEREAS, CRP No. 900905 currently has a total of $200,000 listed for
preliminary engineering and Right of Way acquisition for approximately 0.60 miles of
project length; and,
WHEREAS, an additional $1,000,000 is required to fully fund the County's share
for completion of 2.0 mile project.
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
hereby amends CRP No. 900905 to include an additional $1,000,000, for a new CRP No.
900905 total of $1,200,000, and a project length of 2.0 miles.
BE IT FURTHER RESOLVED that the County Executive is hereby authorized to
executive the Interlocal Agreement by and between Whatcom County and the Lummi
Indian Business Council for the Lummi View Drive / Lummi Shore Road Project No. 2,
attached hereto.
APPROVED this 8 day of
ATTEST:
�tL Ii
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Dana Bro D.
APPROVED AS TO FORM:
Civil Deputy Prosecuting Attorney
2003.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
D McShane, Council Chair
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Whatcom County
WHATCOM COUNTY CONTRACT Contract No.
INFORMATION SHEET a O O 30 301-7
Contract Routine Steps & 55',2noff' (sign or initiall (indicate date transmitted
1.
Prepared by: Pennv Harrison
Originating Department:
PUBLIC WORKS- ENGINEERING
Contact Person:
Joe Rutan
Contractor's Name:
Lummi Indian Business Council
Is this a New Contract? Yes EQ No ❑ If not, is this an Amendment to an Existing Contract? Yes ❑ No ❑
If an Amendment, previous number(s):
Is this a renewal? Yes ❑ No ❑
Contract Amount: (sum of orig contract
If a Professional Services Agreement is more than $15, 000 or a Bid
amt and any prior amendments)
$1,200,000
is more than $35,000, please submit an Agenda Bill for Council
approval and a supporting memo. Any amendment that provides
This Amendment Amount:
either a 10% increase in amount or more than $10,000, whichever is
$
greater, must also go to Council and will need an agenda bill and
Total Amended Amount:
supporting memo. If less than these thresholds, just submit to
$1,200,000
Executive with supporting memo for approval.
Scope of Services
Lummi View Drive / Lummi Shore Road Interlocal for construction CRP N
3 31 03
900905. County responsibilities include assistance as necessary with
Contractor signed:
acquisition of right -of -way for fee lands, acquisition of environmental
permits from County regulatory groups, and assistance with preparation of
7.
design plans and specifications, construction inspection.
Nature of Contract Ann: (Check one) Fixed Amount
3-31 -03
Not to Exceed
Reviewed by DCA:
Open Ended
Term of Contract:
Expiration Date: July 1, 2004
Last Renewal Expires:
Renewal Option Yes [I No ❑
Special Dates or clauses that require calendaring:
Contract Routine Steps & 55',2noff' (sign or initiall (indicate date transmitted
1.
Prepared by: Pennv Harrison
Date:
3131103
2.
Attorney reviewed:
Date:
3�1167 _
3.
AS- Finance reviewed: ✓ tW tronic)-88
Date:
3 -31-03
4.
Corrections made:
Date:
5.
Attorney signoff.•
Date:
3 31 03
6.
Contractor signed:
Date
7.
Submitted to Exec Office: ✓
Date:
3-31 -03
8.
Reviewed by DCA:
Date:
9.
Council approved (if necessary):
Date:
10.
Executive signed:
Date:
11.
Contractor Original returned to dept:
Date:
12.
County Original to Council:
Date:
INTERLOCAL AGREEMENT WHATCOM C;C: UI'NTY
COUNTY ORIGINAL. BY AND BETWEEN CONTFI; ='.v'i NO.
WHATCOM COUNTY a003030(� AND
THE LUMMI INDIAN BUSINESS COUNCIL
FOR THE
LUMMI VIEW DRIVE/LUMMI SHORE ROAD PROJECT 2
THIS AGREEMENT, made this day of , 2003, between
Whatcom County, a municipal corporation, hereinafter referred to as the "County;' and the Lummi
Indian Business Council, hereafter referred to as the "Council."
WHEREAS, Chapter 39.34 RCW authorizes public agencies to enter into agreements for
joint or cooperative projects for the purpose of administering, financing, and constructing cooperative
undertakings and establishing and maintaining a budget therefore; and,
WHEREAS, County and the Council have agreed, for the health, safety, and welfare of life
and property, that certain improvements are necessary on portions of Lummi Shore Road and Lummi
View Drive to provide safe egress and ingress for the citizens of Whatcom County and the Lummi
Nation by providing for additional roadway width, relocation of a 3,000 -foot section, and pedestrian
facilities within the right -of -ways of Lummi Shore Road and Lummi View Drive; and,
WHEREAS, the County and the Council have jointly participated in the recently completed
Lummi Shore Road — Project I through an interlocal agreement that originated in November 24, 1992;
and
WHEREAS, both County and the Council are providing equal matching funds to accomplish
the project.
NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT
THE PARTIES, in accordance with federal, state, and local laws, will utilize their best efforts to
accomplish the necessary improvements to the infrastructure of Lummi Shore Road and Lummi View
Drive within the Lummi hidian Reservation of the Lummi Nation, Whatcom County, Washington;
and specifically will undertake the following:
SECTION I. PURPOSE OF AGREEMENT
The County and the Council will jointly fund a project to make improvements to Lummi Shore Road
and Lummi View Drive, from the recently completed Lummi Shore Road -- Project 1, to MacKenzie
Road, hereafter referred to as the "project" Certain aspects of the project will be accomplished by
both parties, and are specified within this agreement.
Page 1 of 7
SECTION IL PROJECT SCOPE AND ADMINISTRATION
The project scope includes the design, permitting, right -of -way acquisition, home relocation,
construction, and administration activities to accomplish the widening ofLummiShoreRoadand
Lummi View Drive to 11 -foot wide travel lanes with 6 -foot wide paved shoulders, including a
sidewalk along the Lummi View Drive portion. A 3,000 -foot relocation of Lummi Shore Road and
Lummi View Drive around Portage Point will be part of the project. The expected construction
schedule is for the summer of 2003.
The project will be implemented with the joint participation between the County and the Council.
The Council will act as the lead agency for project administration. The County and Council will
share in payment of outstanding costs for project administration, subcontracted consulting services,
all activities related to acquisition of right of way /easements and relocations, and roadway
construction including construction management services. Project administration costs will include
salaries, benefits, travel, and typical direct and indirect office overhead costs. The County share of
project costs shall not exceed $1.2 million dollars. The Council shall bill the County for
reimbursement of those project expenditures eligible for cost sharing, not more than once per month.
The Council shall obtain County approval for the following items prior to implementation:
1. Selection of consulting firms and/or individuals providing services related to design and right -
of -way activities.
2. Right -of -way plan prior to appraisal of required lands.
3. Appraised property values prior to acquisition of required lands.
4. Design plans and specifications prior to construction bidding.
S. Selection of construction contractor(s) prior to start of any work.
6. Construction change orders that exceed $10,000.00.
7. Inspection of construction work prior to project acceptance.
SECTION III. TERM OF AGREEMENT
The period of performance for this Agreement shall commence on the date of execution herein, and
shall end on July 1, 2004, unless terminated sooner or extended as provided herein.
SECTION IV. COUNCIL RESPONSIBILITIES
The Council will accomplish the following activities:
1. Perform all topographic surveying to collect data for project design.
2. Preparation of right -of -way plans and legal descriptions.
3. Acquisition of all necessary right -of -way from both trust and fee lands.
4. Perform all design work, including preparation of plans, specifications, estimates, and
contract bid documents.
5. Acquisition of environmental permits from State, Federal and Lummi Tribal regulatory
agencies.
6. Bid and award the contract for construction.
7. Perform construction management, inspection and administration,
8. Provide necessary cultural monitoring while project is under construction.
9. Utilize any financial or other resources available to them in completion of their
responsibilities.
Page 2 of 7
SECTION V. COUNTY RESPONSIBILITIES
The County is responsible for the following activities:
1. Assist as necessary with acquisition of all necessary right -of -way for fee lands.
2. Acquisition of environmental permits from County regulatory groups.
3. Assist as necessary with preparation of design plans and specifications.
4. Perform sufficient construction inspection to assure compliance with its standards in order to
accept the completed project as part of the County road system.
5. Utilize any financial or other resources available to them in completion of their
responsibilities.
SECTION VI. RELATIONSHIP OF THE PARTIES
The parties hereto agree that each is an independent entity operating pursuant to the terms and
conditions of this agreement. No agent, employee, or representative of any party shall be deemed to
be an agent, employee, or representative of any other party for any purpose. E ach p arty shall be
solely and entirely responsible for the acts of its agents and employees during the term of this
agreement.
SECTION VII. RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence, which
sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services 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. The Office of the
State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access
to 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 famishing 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.
SECTION VIII. APPLICATION OF T.E.R.O.ORDINANCE
All contracts performed on the Lummi Indian Reservation, and all work performed hereunder, shall
be subject to the provisions of the Lummi Tribal Employment Rights Ordinance (T.E.R.O.) except in
those cases where application of this ordinance is in direct conflict with state laws pertaining to
bidding and expenditure of public funds by the County. The County will not claim a conflict exists
without first discussing the matter with the Lummi Nation's Planning Director and submitting a
written explanation of why a conflict exists to the Council.
Page 3 of 7
SECTION X. INDEMNIFICAUbN AND HOLD HARMLESS
A. The Council agrees to protect, defend, save harmless and indemnify the County from and against
all claims, suits and actions arising from negligent acts or omissions of the Council, or its authorized
contractors or subcontractors, including their agents or employees, in the performance of this
Agreement. In the event the County is required to institute legal action and/or participate in legal
action to enforce this indemnification and hold harmless clause, the Council agrees to pay the
County's reasonable legal fees, costs and disbursements incurred in establishing the right to
indemnification.
B. The County agrees to protect, defend, save harmless and indemnify the Council from and against
all claims, suits and actions arising from negligent acts or omissions of the County, or its authorized
contractors or subcontractors, including their agents or employees, in the performance of this
Agreement. In the event the Council is required to institute legal action and/or participate in legal
action to enforce this indemnification and hold harmless clause, the Coun . agrees to pay the
Council's reasonable legal fees, costs and disbursements incurred in establishing the right to
indemnification.
SECTION XI. MODIFICATION
No changes or additions to this Agreement shall be valid or binding on either party unless such
changes or additions shall be in writing executed by both parties.
SECTION XIL
A. If either party fails to comply fully with the terms and conditions of this agreement, the other
party may pursue such remedies as are legally available including, but not limited to, the suspension
of this Agreement.
This Agreement may be terminated by either party without cause, and termination shall be effective
upon thirty (30) days written notification to or by either party or its authorized representative.
SECTION MV. NON - WAIVER OF BREACH
The failure of the County or the Council to insist upon strict performance of any of the covenants and
conditions of this Agreement, or to exercise any options herein conferred in nay one or more
instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants
or agreements, but the same shall be and remain in full force and effect.
SECTION XV. VENUE
This Interlocal Agreement shall be governed by the laws of the State of Washington. The Council,
the governing body of a federally recognized Indian tribe, hereby unequivocally and irrevocably
agrees to a limited waiver of its sovereign immunity with respect to enforcement of the obligations
arising under this Agreement by Whatcom County. This limited waiver of sovereign immunity
includes a waiver of immunity as to the jurisdiction and immunity from execution of any judgment to
compel or enforce any order issued by a court of the United States of America regarding this
Page 4 of 7
Agreement, provided that the judgment does not exceed the obligations of the Council under this
Agreement; and provided further that enforcement of such judgment may not be made against trust
property or trust resources, or grants and loans restricted to governmental or economic development
purposes. hr the event of a lawsuit involving this Agreement, venue shall be proper only in the U.S.
Federal District Court for the Western District of Washington. The Council, by execution of this
Agreement, acknowledges the jurisdiction of the courts of the United States of America in this
matter.
SECTION XVI. CONTRACT MANAGEMENT
The Contract Administrator 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 Administrator for the Council is:
Andy Kamkoff, Construction Manager, Lummi Indian Nation Planning Department, 2828 Kwina
Road, Bellingham, WA 98226. Phone: (360) 384 -2307. Fax: (360) 380 -6331.
The Contract Administrator for the County is:
Jeffrey M. Monsen, Director, Whatcom County Public Works Department, 322 No. Commercial St.,
Suite 210, Bellingham, WA 98225. Phone: (360) 676 -6692. Fax: (360) 738 -4561.
IN WITNESS
WHEREOF,
the parties
have executed this Agreement on
the day and
year hereafter
indicated.
Executed by Lummi Indian Business Council: Executed by Whatcom County:
Date
Darrel Hil
Chairman
Approved as to Form:
Harry L. Johnsen
of Attorneys for the
Page 5 of 7
Date
Pete Kremen
County Executive
Approved as to Form:
DMZ zaloro
Daniel Gibson
Senior Civil Deputy Prosecuting Attorney
Notarization of County Signature:
STATE OF WASHINGTON )
COUNTY OF WHATCOM )
On this day of , 2003, before me personally appeared PETE KREMEN,
to me known to be the County Executive of WHATCOM COUNTY, and who executed the above
instrument and who acknowledged to be the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington
residing at
My commission expires:
Page 6 of 7
ATTACHMENT
Lummi View DrivelLummi Shore
Road Project
Proposed Budget
Task
County
Council
Total
Surveying and Design
25,000
125,000
150,000
Right -of -Way Acquisition
200,000
200,000
400,000
Environmental /CulturalProcess
25,000
25,000
50,000
(incl. Beach monitoring)
Construction
800,000
800,000
1,600,000
Construction Services
50,000
50,000
100,000
Administration
100,000
200,000
300,000
Misc.
0
100,000
100,000
Total
11200,000
1,5001000
21700,000
Page 7 of 7