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Home My WebLink AboutAgreements/Contracts - Public WorksK20-113 #F EASTERN WASHINGTON UNIVERSITY Start something big CONTRACT FOR SERVICES WITH EASTERN WASHINGTON UNIVERSITY THIS AGREEMENT, made this 6th day of July 2020, 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 "Svonsor") Recitals: The Grant County Department of Public Works requires a cultural resources survey for the US Bureau of Reclamation Land Swap Project, Parcel 160590000, Proiect (640 -acre Parcel near Naylor, WA) in Grant County. 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 Scope of Work Work to be performed by EWU: See Attachment A. Performance Period The performance period of the agreement will extend from the effective date of July 15, 2020 through December 31,2020 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. -RE C E FV -ED Firm-Fixed 1 Rrm-Fi e xed IIJ GRANT COUNTY COMMISSIONERS Source of Funds The original source of funds for this agreement was provided by: Grant County Department of Public Works. This agreement US] for applied research. 4. Fixed Cost and Expenditure Limitation The sponsor will reimburse EWU for the firm, fixed price of $28.576.21 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 Samuel Dart, Assistant Public Works Grant County Department of Public Works 124 Enterprise Street SE Ephrata, WA 98823 Phone: (509) 754-6082 Ext. 3519 Email: sdart([ilgrantcountywa.gov 7. Contract Management Archaeological and Historical Services Eastern Washington University 201 Isle Hall Cheney, WA 99004 Phone: (509) 359-2239 Email: jwilsonl@ewu.edu 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. 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 parry 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. Rev: 06/17 Firm -Fixed 14. Debarment/Exclusion 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.Indenendent Canaci 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 Severabili If any provision of this agreement violates any applicable federal or state statute, regulation, or Wile 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 terns 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. Aonroval & 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. Rev: 06/17 Finn -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 BY:_ t U71" (Signa Toni Habegger (Name) Associate Vice President for Business and Finance (Title) TTN: 91-6000624 Grant County Department of Public Works Litu'� fir, gnature�-/5� �� o C l N tL l k 2'R -l2 (Name) Grant County Commissioners (Title) TIN: 91-6001319 Rev: 06117 Firm -Fixed Attachment A EASTERN WA]BIN6rolt etalveRSM start something big July 2, 2020 Samuel Dart Associate Engineer Grana Comay Public Wake 124 Enterprise St. S.E. Ephrata, WA 98823 Re: US Bureau of Rechunation Land Swap, Parcel 160590000, 640 -acre Cultural Resources Identification Survey Dear Mr. Dart, This Ietterinclu ding budget in the amours of 528,576.21 comprise AHS' proposal for conducting cultural resources identification survey for Gram County Public Works' US Bureau offteclamation Land Swap, Parcel 160590000 prcjecL According to Washington State Department of Archaeology and Historic Preservation's (DAHP) WISAARD archaeological probability model, the project area ranges from a moderate to high risk for contain ft cultural resources. Both pre -contact and historic cultural resources have been recorded near the project area The taslo proposed below ate based on preliminary inventory recommendations from the US Bureau of Reclamation 1) Conduct background research including a search of state site files housed at the Washington State Department of Archaeology and Historic Preservation (D AHP), in Olympia, to identify previously recorded cultural resources in m adjacent to the project area and review of historic General Land Office Plat maps to identify historic s[mcluredfeatutes and land use in or adjacent to the project area; 2) Obtain a Antiquities Act (AA) permit from the US Bureau of Reclamation to conduct a Class IB pedestrimu survey and subsurface investigation ofthe project gree; 3) Conducta 100 percent walking survey of the 640 -acre project area at 20 -mor less intervals. Conduct utility locate (CaE-Before-You-Dig) search prix to shovel test excavation. Hand excavate approximately 90 shovel tests within the project area Screen excavated sediments through''/. -in -mesh hardware cloth and beckfill holes the same day as excavated A bucket auger may be used in the beam of select shovel tests to determine the depth to Pleistocene flood grovels, if appropriate. Shovel tests will be judgmentally placed to sample the high probability areas for submit face cultural deposits and to delineate site boundaries (in all fm cardinal directions) of cultural materials identified during the pedestrian survey, 4) Prepare, as necessary, Washington State Archaeological Site or Washington State Historic Property Inventory form; and. 5) Submit a professional repot of findings satisfying Section 106 to Ghana County Public Wmks for review. corannem, smd distribution to review agencies. Do no hesitate to contact one if youhave my questions. Thank you for contacting AHS regarding this project and the opportunity to submit this proposal. and r ector Enclosure Archaeoingkaland tasrond Servkes•Resem<haeMceWW losoon Since"I 10119eaeA•Oi9n9/,W�99009-1930.509359.1]39•Iat509]59.a5t•tlnawmuMu•I9mll9ctay.awueAWanSanl F�aen Mminpm WWe+Ar9 mm9aaeegequi 0tponmx�y�ngearm9enaeabnawrla9men. Rev: 06/17 Firm -Fixed Attachment B June 25, 2020 BUDGET Archaeological and Historical Services (AM), Eastern Washington University Grant County Public Works 640 Acre Class III Survey for USBR Land Swap Nam poadion All Inclusive Hourly Rate Pm.Fidd and AA Permit Apptlemion S -y F Idw-ork Report and Fonn TOTAL HOURS/ Prep_u-ation DOLIARS Dkedor P1 2 4 4 10 Nilson 597.73 195.45 390.90 390.90 S 97736 zr mile 70U Pm�ed Director 8 56 80 S .4nhaenlo is 568.63 54908 3.843.56 _ 5,49080 __14J _ S 9889.43 PeT day' 28 _ 2x _ ___ WA, 555.UU Field Archaeeloa%at i 56 20 76 .;nharok in S62.41 3.495.21 1.248.29 _ S 4,743.50 24 Lud N 5%.00 2.10400 S 2,30000 Picts Ibch 112 112 Archaein m 534.15 3.824.80 ! S 3,824.80 -_ S 232.26 Subtotal Units 0 766 0 Fditor 766 8 8 :'-harolo m $6192 495.3; S 495.37 Hintorim 16 16 Jim Jenks S7C.62 1.129.97 S 1,129.97 Canto her 20 20 Caitlin Limb<r 557.9P 1.159.60 S 1 LLD.60 Fiscal S e� 4 8 4 16 F)rcnda 0.'a1Wce 563.25 253.00 50601 2±3.00 S 1012.01 0 S Subtotal !lours: 14 124 152 290 s.bl. !Thor Costs.1 999 8.236 10,168 23.22e DIREC'r COSTS RITE day 14 14 ,futon Pool kental 571.00 994,00 _ 5 999.00 zr mile 70U 700 %10,aEa 50.400 2x0.001 S 280.00 PeT day' 28 _ 2x _ ___ WA, 555.UU 1,540 W i 1_14001 u nipht 24 24 Lud N 5%.00 2.10400 S 2,30000 C Ax :md 3-w. (6.o- ut'>alaries max. -_ S 232.26 Subtotal Units 0 766 0 766 SubioW Direct Cosv. 5 S 5.11890 S S 5,"U6 TOTAL. COSTS S 997.53 1 S 13,353.64 1 S IQ 167.94 1 S 2KS7421 Rev: 0617 Firm -Fixed