Interlocal Agreement between Lewis County and the Port of Chehalis BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: }
Approving an Interlocal Agreement between Lewis County }
and Port of Chehalis regarding work by Public Works' staff } RESOLUTION NO. 18- 15,E
and authorizing signatures thereon. }
WHEREAS, RCW 39.34.080 authorizes public agencies to perform governmental services,
activities, or undertakings which each public agency entering into the contract is authorized by law to
perform, provided such contract shall be authorized by the governing body of each party to the contract;
and
WHEREAS, the Port of Chehalis has a need to complete preliminary engineering services for fish
passable structures and barrier removals on the lower reach of Berwick Creek, but lacks the manpower
and equipment to complete the work and has asked to enter into an interlocal agreement for Lewis County
to perform or administer the work; and
WHEREAS, the Public Works Director has reviewed an interlocal agreement between Lewis
County and Port of Chehalis regarding preliminary engineering services, at an estimated cost of
$104,761.90, which includes labor, materials and equipment, plus an administrative fee of $5,238.10,
making the total $110,000.00, and recommends that the Board of County Commissioners (BOCC)
approve the interlocal agreement between Lewis County and Port of Chehalis regarding preliminary
engineering services work to be performed by Public Works' staff and/or Public Works' Consultant.
NOW THEREFORE BE IT RESOLVED, that the BOCC has determined proceeding with the
interlocal agreement between Lewis County and Port of Chehalis is in the best public interest and is
hereby approved, and the BOCC is authorized to sign the same.
DONE IN REGULAR SESSION this 30'h day of April, 2018.
APPROVED Li. • FIRM: BOARD OF COUNTY COMMISSIONERS
Jonathan -ecuting Attorney LEWIS COUNTY, WASHINGTON
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By: e=puty Prosecuting Attorney Ea J. Fund, a'-`C'-( ,
ATTEST: C. Jackson, ice Chair
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Rieva Lester, Clerk of the Lewis Gary Sta per, Memb r
County Board of County Commissioners
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REQUEST FOR ESTIMATE FOR REIMBURSABLE WORK
BY THE LEWIS COUNTY PUBLIC WORKS DEPARTMENT
The undersigned hereby requests the Public Works Department to provide a preliminary estimate for cost of
work stated herein.
Type of work requested: Preliminary Engineering Services for fish passable structures and barrier removal on the
lower reach of Berwick Creek. Project 17-1149 would provide a design for the removal and replacement of double
squash pipes at MP 0.032 of Borovec Road, and MP 2.839 of Bishop Road, as well as the planting of a 20' riparian
buffer along both sides of the channel for a length of 130'.
It is understood that the total cost given is for estimation purposes only and that the project total cost will be
based upon the actual cost of labor, equipment rental and materials used in the work involved. A 5% administrative
fee will be included with a minimum of$100.00 per agreement.
It is understood that such work shall be accomplished in such a manner as not to interrupt or interfere with the
Lewis County Public Works Department's regular schedule; and insofar as the undersigned's interests may appear,
will hold Lewis County, its employees or agents, harmless from such claims, losses, demands or actions, which may
arise for any reason as a result of the performance of the agreement.
It is understood that the requesting agency has total responsibility for determining whether or not it has the
legal authority to accomplish this work with its own forces but in fact has insufficient manpower/ equipment to
accomplish this work and is willing to certify and warrant same.
It is understood that the requesting agency has total responsibility for having in its name all necessary
easement rights or the like prior to construction and/or maintenance by the County where such work will occur off
County property.
Date: y( Agency: Port o Che alis
Signature:
Title: Chief Executive • icer
SUPERVISOR/SENIOR ENGINEER ESTIMATE
I have this date met with a representative of (agency or county department) and upon inspection of the work to be
requested for such agency or other county department, it is my recommendation in this regard:
I do herewith recommend the request for such work be: Accepted ] Denied❑
Date: /b 1 By: 1 k fr`
/ Maintenance Lead Supervisor, Area Supervisor, or Senior Engineer
1. If accepted and approved by the County Engineer, I submit my preliminary estimate cost of $104,761.90 plus
administrative costs of $5,238.10 for a total cost of $110,000.00 to complete the project requested.
2. If denied, I herewith state my reason for such
denial:
REIMBURSABLE WORK APPROVAL
Approval subject to ratification by the Board of County Commissioners.
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Date:_ � B Y• '�1 'r
County •ineer
INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into pursuant to authority of R.C.W.
39.34.080, R.C.W 47.24.050, and in conformance with R.C.W. 43.09.210, this 35"-- day of
(A,f3( , 2 ct , by and between LEWIS COUNTY, Washington, a political
subdivision of the State of Washington, hereinafter referred to as the "County", and the Port of
Chehalis, a municipal corporation, hereinafter referred to as the"Municipality,"
WITNESSETH:
IT IS HEREBY COVENANTED AND AGREED as follows:
1. The Municipality requests that the County perform the work listed below at a time and
in a manner convenient to the County and hereby guarantees reimbursement to the county for all
work done. The County will provide any and all necessary labor and material and all work incidental
to Preliminary Engineering Services, per the attached Estimate for Reimbursable Work.
2. The Municipality hereby agrees to reimburse the Public Works Department of the
County for all work done, based upon the actual cost of labor, equipment rental, and materials used,
and upon administrative services associated with the Preliminary Engineering Services work
involved.
3. The Municipality certifies and warrants that it has the legal authority to accomplish
this work with its own forces at the location herein specified, and has legal access thereto, but in fact
has insufficient manpower/equipment to accomplish this work.
4. It is understood and agreed that all reimbursable work as provided for hereto shall be
accomplished only and if such work does not interrupt or interfere with the County's regular schedule,
and should such reimbursable work not be accomplished prior to December 31, 2019, any and all
obligation to provide same shall terminate.
5. It is understood and agreed between the parties hereto that to the extent allowed by
RCW 4.24.115,the Municipality, agrees to protect, defend, indemnify and hold harmless the County,
its commissioners, agents, departments and employees against any and all liabilities, claims,
damages, penalties, actions, costs and expenses (including reasonable attorney's fees) which may
arise for any reason as a result of the performance of this Agreement by the County, except insofar
as any obligation or responsibility is imposed upon the County by statute.
Page 1 of 2
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year
first above written.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan L. Mey-r P osecuting Attorney LEWIS COUNTY, WASHINGTON
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By: Dep -r.secuting Attorney dn: J. Fund, C -,9'
ATTEST: Robert C. Jason, Vice Chair
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Rieva Lester, Clerk of the Lewis G Sta per,Fi mmissioner
County Board of County Commissioners
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Mark Anders, District 3
Page 2 of 2
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Apr 30, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Approving an interlocal agreement between Lewis County and Port of Chehalis regarding work by Public
Works' staff and authorizing signatures thereon.
Contact Erik Martin Phone: 2697
Department: Public Works
Action Needed: Approve Resolution
Description
Pursuant to authority of RCW 39.34.080 and in conformance with RCW 43.09.210, this resolution will allow
the Board of County Commissioners(BOCC) to sign and ratify an interlocal agreement that allows Public
Works' Staff and/or Public Works' Consultant to perform work for Port of Chehalis.
Port of Chehalis has requested that Public Works' staff and/or Public Works' Consultant complete engineering
services for fish passable structures and barrier removals on the lower reach of Berwick Creek, at an estimated
cost of$104,761.90, which includes labor, materials and equipment,plus an administrative fee of$5,238.10,
making the total $110,000.00.
Port of Chehalis lacks the workforce and equipment necessary to complete this work and has requested that
Public Works' staff and/or Public Works'Consultant complete the work. The county can perform or administer
the work and it can be completed without interfering with the county's programs.
Approvals:
User Group Status
Martin, Erik Public Works Pending
Additional Copies
Tim Fife-PW
Kim Amrine-PW
Mike Kroll-PW
Ann Weckback-PW
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