HomeMy WebLinkAboutAgreements/Contracts - Public WorksK20-019
GCB 3307
This Agreement, between the Washington Department of Transportation, hereinafter "WSDOT," and
Grant County, hereinafter "County," individually referred to as "Party" and collectively referred to as the
"Parties."
RECITAL
1. The County and WSDOT have identified a need for construction of a roundabout at SR 28 and
U -NW (White Trail Road) in Grant County to improve safety and mobility.
2. For the 2019 Count Safety Program the County submitted this project with coordination through
WSDOT and was authorized funds from the Highway Safety Improvement Program totaling Two
Million, Four Hundred and Sixty-six Thousand dollars ($2,466,000), which is ninety percent
(90%) of the cost of the work, as shown in Exhibit A, Memorandum.
3. The funds require a ten percent (10%) match which is equal to Two Hundred and Seventy-four
Thousand dollars ($274,000), resulting in total available funds of Two Million, Seven Hundred
and Forty Thousand Dollars ($2,740,000) to design and construct the work, as shown in Exhibit
B, Project Summary.
4. Each Party agrees to pay half of the ten percent (10%) match required by the grant program as
shown in Exhibit C, Cost Schedule.
5. The Parties agree that WSDOT shall design, advertise, award and administer construction of the
work described herein.
6. WSDOT agrees to waive application of its Indirect Cost Rate for the Project.
Now Therefore, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and
performances contained herein, or attached Exhibits A, B, and C, which by this reference are incorporated
and made a part hereof,
It Is Mutually Agreed As Follows:
GENERAL
WSDOT agrees to perform the work as outlined in Exhibit B, Project Summary.
b. Plans, specifications and cost estimates shall be prepared by WSDOT in accordance with the
current Washington State Standard Specifications for Road, Bridge, and Municipal Construction,
and amendments thereto, and adopted design standards, unless otherwise noted. WSDOT shall
provide the County updates quarterly and include the County in all Regional plan review and
construction meetings.
C. The County agrees, upon satisfactory completion of the work involved, to deliver a letter of
acceptance to WSDOT, which shall include a release and waiver of all future claims or demands
of any nature resulting from the performance of the work under this Agreement.
GCB 3307 Page 1 of 4
e. If a letter of acceptance is not received by WSDOT within 90 days following completion of the
work, the work will be considered accepted by the County and shall release WSDOT from all
future claims and demands of any nature resulting from the performance of the work under this
Agreement.
f. The County may withhold this acceptance of work by submitting written notification to WSDOT
within the 90 -day period. This notification shall include the reasons for withholding the
acceptance.
2. PAYMENT
a. The County, in consideration of the faithful performance of the work to be done by WSDOT,
agrees to pay half of the required match of 10 percent (10%), resulting in the estimated cost of
One -hundred and Thirty-seven Thousand Dollars ($137,000) as shown in Exhibit C, Cost
Schedule. If the funding required to complete the project exceeds the amount outlined in Exhibit
C, the County agrees to pay Fifteen percent (15%) of the cost overrun with WSDOT contributing
the remaining Eighty-five percent (85%) up to the maximum contribution as outlined in section
Three (3).
b. Partial payments shall be made by the County, upon request of WSDOT, to cover costs incurred.
These payments are not to be more frequent than one (1) per month. It is agreed that any such
partial payment will not constitute agreement as to the appropriateness of any item and that, at the
time of the final audit; all required adjustments will be made and reflected in a final payment.
The County agrees to make payment for the work to be done by WSDOT within thirty (30) days
from receipt of billing from WSDOT.
d. The County agrees that if payment for the work is not made within ninety (90) days after receipt
of billing WSDOT may withhold any tax monies which the County is entitled to receive from the
Motor Vehicle Fund until payment for the work is received by WSDOT. If the County is not
entitled to receive Motor Vehicle Funds, a surety bond in the amount shown above written by a
surety company authorized to do business in the state of Washington shall be furnished to
WSDOT prior to execution by WSDOT of this agreement. The bond shall remain in force until
written release by WSDOT.
Payment not made within thirty (30) days after receipt of billings shall be considered "Past Due"
and bear interest at the rate of one percent per month or fraction thereof until paid pursuant to
RCW 43.17.240.
3. EXTRA WORK
In the event unforeseen conditions require an increase in the County's contribution, their
maximum commitment for thgproject shall not exceed One -hundred and Se*en#f-€ive
Thousand dollars ($><?3;$OU) E':+. f
4. RIGHT OF ENTRY
The County hereby grants and conveys to WSDOT the right of entry upon all land which the
County has interest, for the purpose of performing the preliminary engineering and construction
under this Agreement.
GCB 3307 Page 2 of 4
5. LEGAL RELATIONS
No liability shall attach to WSDOT or the County by reason of entering into this Agreement except
as expressly provided herein.
6. AMENDMENT
This Agreement may be amended or modified only by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless they are in writing and signed by
persons authorized to bind each of the Parties.
7. TERMINATION
a. Except where provided for herein, this Agreement may not be terminated unless both
Parties agree, in writing, to terminate the Agreement by those authorized to bind each
Parry.
b. This Agreement shall be terminated upon (a) completion of the Project construction of
the roundabout, (b) final inspection and acceptance of the contractor's work by WSDOT,
and (c) final payment of all costs authorized by this Agreement.
The County or WSDOT may terminate this Agreement if, at any point up to thirty (30)
calendar days prior to advertising the Project for competitive bid.
d. The termination of this Agreement shall not prejudice any rights or obligations accrued to
the Parties prior to termination.
8. INDEMNITY
a. Each Party to this Agreement will protect, defend, indemnify, and save harmless the other
Party, its officers, officials, employees, and agents, while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of
damages (both to persons and property), arising out of, or in any way resulting from, each
Party's negligent acts or omissions with respect to the provisions of this Agreement.
Neither Party will be required to indemnify, defend, or save harmless the other Party if
the claim, suit, or action for injuries, death, or damages (both to persons and property) is
caused by the sole negligence of the other Party. Where such claims, suits, or actions
result from the concurrent negligence of the Parties, their agents, officials or employees,
and/or involve those actions covered by RCW 4.24.115, the indemnity provisions
provided herein will be valid and enforceable only to the extent of the negligence of the
indemnifying Party, its agents, officials or employees.
b. The Parties agree that their obligations under this section extend to any claim, demand,
and/or cause of action brought by, or on behalf of, any of their officers, officials,
employees or agents. For this purpose only, the Parties, by mutual negotiation, hereby
waive, with respect to each other only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
GCB 3307 Page 3 of 4
C. This indemnification and waiver will survive the termination of this Agreement.
9. DISPUTES
In the event that a dispute arises under this Agreement, it shall be resolved as follows:
WSDOT and the County shall each appoint a member to a disputes board; these two
members shall select a third member not affiliated with either agency. The three-member
board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An
attempt at such dispute resolution in compliance with the aforesaid process shall be a
prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally
share in the cost of the third disputes board member; however, each Party shall be
responsible for its own costs and fees.
10. VENUE
In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties agree that any such action
or proceedings shall be brought in the Thurston County Superior Court unless filing in
another county is required under any provision of the Revised Code of Washington.
Further, the Parties agree that each will be responsible for its own attorney's fees, witness
fees, and costs.
11. AUDIT AND RECORDS
During the progress of the Work and for a period of not less than six (6) years from the
date of final payment, both Parties shall maintain the records and accounts pertaining to
the Work and shall make them available during normal business hours and as often as
necessary, for inspection and audit by the other Party, Washington State, and/or Federal
Government. Copies of all records, accounts, documents or other data pertaining to the
Work will be furnished upon request. The requesting Party shall pay the cost of copies
produced. If any litigation, claim, or audit is commenced, the records and accounts along
with supporting documentation shall be retained until any litigation, claim, or audit finding
has been resolved even though such litigation, claim, or audit continues past the six-year
retention period.
No liability shall attach to WSDOT or the County by reason of entering into this Agreement except as
expressly provided herein.
GCB 3307 Page 4 of 4
In Witness Whereof, the Parties hereto have executed this Agreement as of the Party's date signed last
below.
GCB 3307 Page 5 of 4
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Washington State
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GCB 3307 Page 5 of 4
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Exhibit A
Washington State
�o" Department of Transportation Memorandum
Date: December 5, 2019
To: Dave Bierschbach, North Central Regional Administrator
From: �&tleen B. Davis, Director, Local Programs Division
Subject: SR 28 & White Trail Road Roundabout
2019 County Safety Selection
Federal Funding
We are pleased to advise you that the above mentioned safety project was selected to receive
funding through the Highway Safety Improvement Program (HSIP). The federal funding is
limited as shown below:
SR 28 & White Trail Road Roundabout $2,466,000
Scope: See attached Project Summary
NOTE.- The funding provided is 90 percent of the estimated funding necessary to complete this
project.
This funding requires that a Quarterly Project Report form must be completed by the end of
March, June, September, and December each year. The online database can be found at:
hl!p://www.wsdot.wa.gov/locall2roarams/. To access the database your account name is
WSDOT and your password is WSDOT063. The password is cae sensitive.
In order to utilize these funds, please contact Dave Kaiser at 360.705.7381 for assistance in
authorization of the work order.
Attachment
cc: Jeff Tincher, Public Works Director, Grant County
Jay Alexander, CPDM, V�SDOT
='Paul Mahre, —th Centra�egion Local Programs Engineer
Exhibit B '
i
Project Summary �
Program: 2019 County Safety Program
Hate: September 2019
Agency,: WSDOT (North Central Region
Project Number: To be assigned
Project Description: Install a roundabout.
Detailed Project Description
Project Title: SR 28 & White Trail Road Roundabout
1. Install a roundabout.
a, SR 28 at MP 25.73 at U -NW / White Trail Rd intersection
Note: Projects above include associated ADA and utility work as needed.
Project Schedule (Estimated)
Proiect #1
Project added to the STIP
2/20
Project agreement signed with WSDOT Local Programs
4/20
Begin PE (phase authorized by FH_WA through WSDOT)
Community/stakeholder engagement complete .
_
4/20
8/21
Environmental documents approved by. WSDOT
2/21
Begin right-of-way (phase authorized by FHVVA through WSDOT)
11/20
Right -of -Way completed (certification by FHWA through WSDOT)
8/21
Contract advertised
9/21
Contract awarded
11/2.1
_
Construction complete
6%22
Project Cost and Award Arnount
Proiett #1
Phase
Total Cost
Local Match
Amount.Awarded
Preliminary Engineering
$378,000
$37,800
$340,200
Right -of -Way
$59,000
_
$5,900
$53,100
ConstructioO
$2,303,000
$230,300
$2,072,100
Total
1, $2,740,000
$274,000
$2,466:,000
* Project must obligate construction funds by April 30, 2021 to waive the 10% local match requirement for the construction phase.
If you agree to the project summary described above, please sign or electronically sign below and return to Matthew
Enders at Matthew1nders wsdot.wa,Rov.
Concurrence: i agree to the project summary described above.
Approving Authority game (Print)4
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Approving Authority Signature:-�G'9.. ' /�'�'�G�f'��l? /� Date:
Page 1 of 1
Exhibit C - Cost Schedule
Phase Total Cost
WSDOT Match
Grant County
Match
Federal HSIP
Amount Awarded
preliminary Engineering $378,000
$18,900
$18,900
$340,200
Right -of -Way $59,000
$2,950
$2,950
$53,100
Construction $2,303,000
$115,150
$115,150
$2,072,700
Total $2,740,000
$137,000
$137,000
$2,466,000
18 YEAR DEDICATED SERVICE AWARD
We Hereby Express our Sincere Appreciation To
DARRELL A. DOOLITTLE
�..x, For your Loyalty, Diligence and Outstanding Performance
DuringYour Service with this Organization Since
OCTOBER 2212001
And Award This Certificate From
Department of Public Works, Grant County, Washington
Richard Stevens, Commissioner Tom Tayl r, Commissioner Cindy Cart Commissioner
Jerome Wawers
Interim Public Works Director
RESOLUTION NO.2019-35
FERRY COUNTY BOARD OF COMMISSIONERS
Five County Joint Resolution
RE: In the Matter of the Appointment of Trustee
to the North Central Regional Library
WHEREAS, Katherine Mead submitted her Fe&4QaZiau to represent Ferry County on the Board of
Trustees of the North Central Regional Library; and
WHEREAS, the County Commissioners, expressing confidence in the ability and qualifications of
Katherine Mead to represent Ferry County on the Board of Trustees of the North Central Regional
Library,
NOW, THEREFORE, BE IT HEREBY RESOLVED that the County Commissioners appoint Katherine Mead to
fill the expired term of Traci Sheffield to represent Ferry County on the Board of Trustees of the North
Central Regional Library comprised of Chelan, Douglas, Ferry, Grant and Okanogan Counties; said term
to expire December 31, 2027
DATED this 18th day of November, 2019
BOARD OF COUNTY COMMISSIONERS
FERRY COUNTY, WAS GTON
1
NATHAN DAVIS, CHAIR
MIKE BLANKENSHIP, VICE CHAIR
JOHNA EXNER, MEMBER
2019-35
Trustee Appointment Katherine Mead
1
DATED this
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ATTEST: '�/�lin 1i?• 0\
BOARD OF COUNTY COMMISSIONERS
By:
CARLYE BAITY MEMBER
CLERK OF THE BOARD
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DATED this t,`j day of
By.
TIANA ROWLAND
CLERK OF THE BOARD
De-c-&,6er 2$ L
BOARD OF COUNTY COMMISSIONERS
DOUGLAS TYV ASHINGTON
CE CHAIR
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'MEMBER v
2019-35
Trustee Appointment Katherine Mead
2
DATED this ' �(qday of
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BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
E� cjstb
CHAIR
:Ttrl��
VICE CHAIR
MEMBER
BOARD OF COUNTY COMMISSIONERS
OKANOGAN COUNTY, WASHINGTON
CHAIR
VICE CHA R
By:
LALEN J ONS ME Mf ER
CLERK OF THE BOARD
2019-35
Trustee Appointment Katherine Mead