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: 7YES ® NO
DATE: 01/11/2024
PHONE:509-754-6082
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AGREEMENT WITH ARCHAEOLOGICAL AND HISTORICAL SERVICES ON
BEHALF OF EASTERN WASHINGTON UNIVERSITY TO PROVIDE A CULTURAL RESOURCE
SURVEY FOR THE DRUMHELLER RD PROJECT
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D&
1
DEFERRED OR CONTINUED TO:
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R Agreement / Contract
EIAP Vouchers
DAppointment / Reappointment
EIARPA Related
El Bids / RFPs / Quotes Award
E]Bid Opening Scheduled
7 Boards / Committees
7 Budget
E]Computer Related
7 County Code
7 Emergency Purchase
El Employee Rel.
El Facilities Related
El Financial
El Funds
0 Hearing
7 Invoices / Purchase Orders
El Grants — Fed/State/County
E]Leases
El MOA / MOU
El Minutes
EJOrdinances
El Out of State Travel
7 Petty Cash
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7 Proclamations
7 Request for Purchase
❑ Resolution
El Recommendation
7 Professional Serv/Consultant
0 Support Letter
DSurplus Req.
E]Tax Levies
=hank You's
E]Tax Title Property
E:IWSLCB
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AGREEMENT WITH ARCHAEOLOGICAL AND HISTORICAL SERVICES ON
BEHALF OF EASTERN WASHINGTON UNIVERSITY TO PROVIDE A CULTURAL RESOURCE
SURVEY FOR THE DRUMHELLER RD PROJECT
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D&
1
DEFERRED OR CONTINUED TO:
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CONTRACT FOR SERVICES WITH
EASTERN WASHINGTON UNIVERSITY
THIS AGREEMENT, made this 3rd day of January 2024, by and between Eastern Washington
University, Cheney, Washington 99004, an Agency of the State of Washington (hereinafter
"EWU") 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 County, Washington.
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 Workq _
This agreement [IS] for applied research.
4. Fixed Cost and Expenditure Limitation
The sponsor will reimburse EWU for the firm, fixed price of $14,588.58 negotiated under this
agreement unless amended by written mutual agreement.
5. Allowable Cost and Past
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
f
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 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
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. EWU 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. 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
Firm -Fixed
20. Attorneys' Fees
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
IM
(Signature)
Toni Habegger
(Name)
Associate Vice President for Business
and Finance
(Title)
TIN: 91-6000624
Approved as to form:
Grant Co my Department f Public Works
Cindy Carter, Chair
(Name)
Grant County Commissioners
(Title)
TIN: 91-6001319
Rev: 06/17
Firm -Fixed
January 2, 2024
Bob B ers anti,
Design/Construction Engineer
Grant County Dept. of Public Works
124 Enterprise St. SE
Ephrata, WA 98 823
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 (GLO), 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,
�x
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.
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AHS Project Estimate
Contractor: Grant County Public Works
Project: Drumheller Rd. Survey
Date: 2 -Jan -24
Part I - Salaries, Benefits and Indirect Costs $127430.96
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 $11909.00
Part IV - Contractual Services $0.00
Total $14,588.58