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HomeMy WebLinkAboutAgreements/Contracts - Public WorksEWU 23-066 R'N 10wryOta rt Wirt somethfi-ig b1s 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