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HomeMy WebLinkAboutAgreements/Contracts - Public WorksGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS REQUEST SUBMITTED BY: SHILO NELLIS CONTACT PERSON ATTENDING ROUNDTABLE: DAVE BREN CONFIDENTIAL INFORMATION: DYES ®NO DATE: 01/11/2024 PHONE: 509-754-6082 IM ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ABPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant []Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB \\ ,... \ \ \ ,. \ \\ \ \ \ \ \ \ \ \ \ w, . �r► \ \\\ \ \a, \, �, \ \ \.\ , \ \.\. \ \ \. \\ \ \. \ \ \ '\ \ \ \ \\ \ SUV: \ \ ESTER W \ \ \ �\ � \. AGE N � \ �\AGREEMENT WITH ARCHAEOLOGICAL AND HISTORICAL SERVICES ON BEHALF OF EASTERN WASHINGTON UNIVERSITY TO PROVIDE A CULTURAL RESOURCE SURVEY FOR THE DRUMHELLER RD PROJECT -10 i. 1 DATE OF A. DEFERRED OR CONTINUED TOI IV-) III*, APPROVE: DENIED ABSTAIN D1: D2: D& 1 k 4,16 1 ESTERIV 4W WASHINGTON UNIVERSITY ............. __ ....... ... . ............. .................... ____ start something big CONTRACT FOR SERVICES WITH EASTERN WASHINGTON UNIVERSITY THIS AGREEMENT, made this 31d day of January 2024, by and between Eastern Washington University, Cheney, Washington 99004, an Agency of the State of Washington (hereinafter "EW") and Grant County Department of Public Works (Name) 124 Enterprise Street SE, Ephrata, WA 98823 (Mailing Address) (hereinafter Grant County Department of Public Works or "Sponsor") Recitals: The Grant County Department of Public Works requires a cultural resources survey for the Drumheller Rd. project in Grant Counly, Washinaton. Archaeological and Historical Services (AHS) on behalf of EWU is qualified and willing to provide professional services as outlined in this agreement. 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. Scope of Work Work to be performed by EWU: See Attachment A. 2. Performance Period The performance period of the agreement will extend from the effective date of January 3,, 2024 through June 30., 2024 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: 06/17 Firm -Fixed 3. Source of Funds The original source of funds for this agreement was provided by: Grant County Department of Public Works. This agreement [IS] for applied research. 4. Fixed Cost and Ex i Expenditure Limitation The sponsor will reimburse EWU for the firm, fixed price of $1.4,588.58 negotiated under this agreement unless amended by written mutual agreement. 5. Allowable Cost and Payment A. The sponsor will reimburse EWU 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 Program Directors Bob Bersanti, Engineer I 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) 7546082 Phone: (509) 359-2239 Email: bbersanti@grantcountywa.gov I Email: ccasserino@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 time it was mailed. Matters concerning the technical performance of this agreement should be addressed to the Program Director. 2 Rev: 06/17 Firm -Fixed 8. Reporting As appropriate, reporting by Archaeological and Historical Services shall be made in writing. 9. Deliverables Any deliverables required by this contract are specified in Attachment A. Unless otherwise indicated in Attachment A, the sponsor will review the draft deliverables and any associated materials within 15 working days of the receipt of the draft. EWU will be required 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. Nondiscrimination Sponsor and EWU 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 referred to as "protected veterans") or the presence of any sensory, mental, or physical disability. 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 EWU. 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 financial records of this agreement will be retained in accord with Washington State Law and the Uniform Guidance, as applicable. 13. 'Governing 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. Debarment/Exclusion 3 Rev: 06/17 Firm -Fixed EWU represents and warrants that it is not excluded or debarred by any federal agency 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. EVvrU will notify Sponsor immediately if there are any changes in status under this paragraph. 15. Independent Capacity 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 himself/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 EWU. 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 remain binding. 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 EWU. 18. 'Entire Agreement 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. ,A 1 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. 4 Rev: 06/17 Finn -Fixed A=k n s 20. Attorneys' Fee In the event of litigation or other action brought to enforce the terms of this agreement, each party agrees to bear its own attorney fees and costs. This agreement is executed by the persons signing below who warrant that they have the authority to execute this agreement: Approved and agreed: Eastern Washington University Grant County Department of Public Works BY: (Signature) Toni Habemaer (Name) Associate Vice President for Business and Finance (Title) TIN:- 91-6000624 5 Cindy Carter, Ch a0r . ... . ..... _ .......... (Name) Grant Countv Commissioners (Title) TIN: 91-6001319 Rev: 06/17 Firm -Fixed Ur January 2, 2024 Bob Bersanti, Design/Construction Engineer Grant County Dept. of Public Works 124 Enterprise St. SE Ephrata, WA 98823 Re: Cultural Resources Survey of Drumheller Rd. (from A -NW to 5 -NE), Grant County, WA Dear Mr. Bersanti, This letter and attached cost estimate in the amount of $14,588.58 comprise AHS' proposal for conducting a cultural resources survey of Drumheller Rd., located in Grant County, Washington. This scope of work is based on an area of potential effect (APE) approximately 60 feet wide (30 -feet either side of the center line) along the approximately 8 -mile section of Drumheller Rd. from Road A -NW to Road 5 -NE. For this project, AHS will conduct the following four tasks: (1) Conduct a comprehensive literature and records review through Washington State Department of Archaeology and Historic Preservation (DAHP) and the General Land Office (GL4), to identify previously recorded cultural/historic resources and the potential for encountering more. (2) Conduct a 100 percent walking survey of the approximately 10 -mile project APE and record all historic and pre -contact cultural resources. This includes evaluation and recording of historic buildings within 100 feet of the APE. Additionally, we may hand excavate up to 15 shovel probes within the APE. Shovel probes will be used to determine the presence/absence of archaeological deposits in higher probability areas where the width of the APE exceeds the current road prism. Shovel probes will measure approximately 40 -cm in diameter and will be excavated to a depth of up to one meter, depending on field conditions. Excavated sediments will be screened through 1/4 -inch -mesh hardware cloth. Shovel probes will be backfilled immediately upon completion and any artifacts will be recorded, but not collected. (3) Prepare, as necessary, State of Washington Archaeological Site (ASI) and/or Isolate Inventory forms or Historic Property Inventory (HPI) forms. Drumheller Rd. itself will be recorded and evaluated on an HPI form. (4) Submit a professional report of findings to Grant County Public Works Department. Submit final report to DAHP. Please do not hesitate to contact me if you have any questions. Thank you for this opportunity to assist Grant County with cultural resources compliance needs. Sincerely, Christopher Casserino, PhD AHS Director Enclosure EWU ARCHAEOLOGICAL AND HISTORICAL SERVICES Research, Service, and Education Since 1980 201 Isle Hall I Cheney, WA 99004 1 509.359.2239 1 ewu.edu/ahs EWU expands opportunities for personal transformation through excellence in learning. AHS Project Estimate Contractor: Grant County Public Works Project: Drumheller Rd. Survey Date: 2 -Jan -24 Part I - Salaries, Benefits and Indirect Costs $12,430-96 Part 11 - Goods and Services $248.62 Copies, phone, postage, etc. Part III - Travel per them (2 persons 5 days @ $59/day) $590.00 lodging (2 persons 4 nights @ $107/night) $856.00 motor pool (5 days @ $71 /day) $355.00 mileage (270 miles @ $0.40/mile) $108.00 Subtotal $1,909.00 Part IV - Contractual Services - $0.00 Total $14,588.58