HomeMy WebLinkAboutAgreements/Contracts - Public WorksEWU 23-066
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CONTRACT FOR SERVICES WITH
EASTERN WAS ON UNIVERSITY
THIS AGREEMENT, made this 3rd day of February 2022, by and between Eastern Washington -
University, Cheney, Washington 99004, an Agency of the State of Washington (hereinafter
"E'VM") and
Grant CounPppariment of Public Works
'(Name)
124 EnteM *se Street SE. El. 98823
(Mailing Address)
(hereinafter Grant County Denartment of Public Works or "Sponsor"}
Recitals:
The Grant County Departmatmt of Public Works requires a cultural resources §im for the
19NW Road Project-(:A-milels, Wjjent between SR283 and Dodson Rd.'kM- in Grant Cour
Archaeological and Historical Services (AHS) on behalf of EW is qualified and Willing to
provide professional services as outlined in this agreement.
rovi
In consideration of the foregoing and mutual premises hereinafter contained, the parties agree
that this agreement will be performed in accordance, with the following conditions:
GENERAL CONDITIONS
1. S,co e. of Work
Work to be performed by EWU: See Attachment As
2. Performance Period
The performance period of the agreement will extend from the effective date of March 9.. 2023
through October ,31. 2023 unless amended by written mutual agreement.. No expenses will be
reimbursed which, are incurred prior to the effective date or subsequent to the termination date
unless otherwise agreed in writing by the parties hereto.
Rev's 06/17
Firm -Fixed
3. Source of Rinds
The, original source of funds for this agreement was provided by: Grant County.p9partment of
Public Works.,
This agreement [IS] for applied research.
4. Fixed Cost and ,Rx
penditure Limitation
The sponsor will reimburse EWU for the firm, fixed price of $8.195:9 6 negotiated under this
agreement unless amended by written mutual agreement,
5. Allowable Cost and Pa ent
A. The sponsor will reimburse EVTU for the firm, fixed price negotiated for the performance
of this -agreement.
B. EWU will submit one invoice upon completion of the project to the Grant County
Department of Public Works to obtain payment.
6. Identification of Pro am Directors
Bob Bersanti, Engineer Christopher Casserino, Director'
Grant County Department of Public Archaeological and Historical Services
Works Eastern Washington University
124 Enterprise Street SE 201 Isle Hall
Ephrata, WA 98823 Cheney, WA 99004
Phone: (509).754-6082 Phone: (509) 359-2239
Email: bbersanti@grantcountywa.gov Email: ecasserino@ewu.edu
7. 'Contract Management
The Contract Manager for each of the parties shall be the contact person for all communications
and billings regarding the performance of this Agreement. All notices or other communications
required or' desired to be sent to either party shall be given or made at the respective addresses of
the parties set forth below unless notification of a change of address is given in writing. Any
notice shall be sent -by registered or certified mail and shall be deemed to have been given at the
Aftne it was mailed.
Matters concerning the technical performance of this agreement should be addressed to the
Program Director. I
2 Rev: 06/17
Firm -Fixed
8. RMortinja
As appropriate, reporting by.Archaeological and Historical Services shall be made in writing.
9.. Deliverables
Any deliverables required by this contract are spe*cified in Attachment A. Unless otherwise
indicated in Attachment A, the sponsor will review the draft deliverables and any associated
9
materials within IS working days of the receipt of the draft. EW will berequned to submit the
final deliverables, with modifications to address sponsor's comments, on or before the effective
end date of the contract unless amended by written mutual agreement.
10. Liability
Each party of this Agreement shall be responsible for its acts or omissions and the acts or
omissions of its employees, officers, and agents, to the extent permitted by law. Neither party
assumes any responsibility to the other party for the consequences of any act or omission of any
person,firm, or corporation not a party to this Agreement.
11. Nondisc ation
Sponsor and EVYTU agree to comply at all times with all applicable state and federal laws, rules,
regulations, and executive orders governing equal employment; opportunity, immigration, and
nondiscrimination, including the Americans with Disabilities Act. Neither party shall
discriminate against any employee, applicant for employment, or against any EWU student on
the basis of race, creed, color, national origin, marital status, sex, sexual orientation, gender
identity, age, status as a disabled veteran, recently separated veteran, active duty wartime or
campaign badge veteran, or Armed Forces service medal veteran (collectively refeired to as
"protected veterans") or the presence of any sensory, rental.2 or physical dis ability. In the event
of Sponsor's noncompliance or refusal -to comply with any nondiscrimination law, regulation, or
policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the
Sponsor may be declared ineligible for further contracts with EWT-T.
12. Records
EWU will maintain adequate financial records, in accord with generally accepted accounting
practices, to clearly and easily identify expenses of the agreement, to describe the nature of each
expense and to establish relatedness to this agreement. All records related to the agreement shall
be reasonably available for inspection by the sponsor. The furan cial records of this agreement
will be retained in accord with Washington State Law and the Uniform Guidance, as applicable.
13. Gomnina Law and Venue
This agreement shall be governed by and construed in accordance with, the laws of the state of
Washington. The venue of any action brought hereunder shall be in The Superior Court of
Spokane County, Washington.
14. D ebarmentlExclusion
3 Rev: 06/17
Firm -Fixed
EWU represents and warrants that it is not excluded or debarred by any federal agen'cy from—
participating in any federal grant or 'contract, and it is not, to the best of EWU's knowledge,
under investigation for any such exclusion or debarment. EWU will, notify Sponsor immediately
if there are any changes in status under this paragraph.
S. h1dedent Ca aci
pen
Nothing contained in this agreement is intended to create, nor should it be construed to create,
any relationship between the parties other than that of independent parties contracting with each
other solely for the purpose of effectuating the provisions of this agreement. This agreement is
not intended to create a relationship of agency, representation, joint venture, or employment
between the parties. The parties intend that an independent contractor relationship will be
created by this agreement. Sponsor and its employees or agents performing under this agreement
are not employees or agents of EWU. Sponsor will not hold self/herself out as or claim to be
an officer or employee of EWU or the State of Washington, nor will Sponsor make any claim of
right, privilege, or benefit that would accrue to an employee of EWU. Conduct and control of
the work will be solely with UM.
16. Conformance and Severability -
If any provision of this agreement violates any applicable federal or state statute, regulation, or
rule of law, it is considered modified to conform to that statute, regulation, or rule: of law. If any
provision of this agreement violates any applicable state or federal statute, regulation, or rule of
law, such invalid provisions shall be declared severed and the remainder of this agreement shall
r * binding.
remain
17, Waiver
Waiver of any default or breach shall not be deemed a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this agreement
unless stated to be such in writing and signed by an authorized representative of EAU
18. Entire Aareement
This agreement, including Attachment A, constitutes the sole agreement between the parties with
respect to its subject matter. No other statements or representations, written or oral, shall be
deemed a part of this agreement.
19. Approval & Modification
This agreement is subject to the written approval of EWU's authorized representative and shall
not be binding until so approved. The agreement may be altered, amended, or waived only by a
written amendment executed by an authorized representative of each party.
X a,
Rev; 06/17
Firm -Fixed