HomeMy WebLinkAbout001028 Original Contract City of Port Angeles
Record # 001028
.4
Washington State
Department of Transportation
Maintenance Agency and Billing Address Agreement Number J 9,S1,2,
Agreement of Port Angeles
Agreement 321 East Fifth Street PO BOX 1150
Port Angeles,WA 98362
Work by WSDOT 1
for Other State, Federal, Contact Name/Phone# Dan McKeen,City Manager
and Local Governmental
Agencies Federal Tax ID# 91-6001266
(Total Cost of Agreement Estimated Costs
May Not Exceed $50,000 Per
Year) $25,000.00
Description of Work
Agreement Period: November 20, 2015,through October 31,2016
SR 101 MP 244.34-247.00&SR 117 MP 0.00- 1.40
Winter Snow&lee Control as needed.
Shoulder mowing per WSDOT local Integrated Vegetation Management(IVM)plan, as requested by the City of
Port Angeles. Herbicide application per WSDOT local IVM plan,as requested by the City of Port Angeles.
Roadway Sweeping-right shoulders only,as requested by the City of Port Angeles.
Traffic Control,as requested by the City of Port Angeles.
This Agreement is made and entered into by and between the Washington State Department of
Transportation, hereinafter the"WSDOT,"and the above named governmental agency, hereinafter the
"AGENCY,"
WHEREAS,the AGENCY has requested and the WSDOT has agreed to perform certain work as described
above,
NOW THEREFORE, pursuant to chapter 39.34 RCW, IT IS HEREBY AGREED AS FOLLOWS:
1. GENERAL 2.2 The AGENCY agrees to pay the WSDOT for the
1.1 The WSDOT agrees to perform the above work done within thirty(30)days from receipt of
a WSDOT invoice, which shall include
described work, using state labor,equipment and documentation supporting the work done.
materials,as requested by the AGENCY.
1.2 The AGENCY agrees, in consideration of the 2.3 If the AGENCY is a county or city, the
faithful performance of the above described AGENCY agrees that if it does not make
work to be done by the WSDOT, to reimburse
payment as provided under the terms of this
the WSDOT for the actual direct and related Agreement, the AGENCY authorizes the
indirect costs of the work. Administrative WSDOT to withhold and use as payment Motor
Charges at current rate are considered part of Vehicle Fund monies credited or to be credited
indirect costs. to the AGENCY.
2. PAYMENT 2A The AGENCY agrees further that if payment is
2.1 The estimated cost of the work is stated above. not made to the WSDOT within thirty (30) days
The AGENCY agrees to set aside funds for from receipt of WSDOT's invoice, the WSDOT
payment to the WSDOT in this amount may charge late fees and/or interest in
accordance with Washington State Law.
DOT Form 224-093 EF
Revised 5/09
3. INCREASE IN COST 6. DISPUTES AND VENUE
3.1 The parties agree that the estimated cost of the 6.1 In the event that a dispute arises under this
work may be exceeded by up to 25%. In the Agreement, it shall be resolved as follows: The
event of such increased costs the parties agree to WSDOT's Secretary of Transportation or
modify the estimated cost of work by written designee and the AGENCY's head or designee
amendment, signed by both parties. WSDOT shall review the applicable facts, contract terms,
shall notify the AGENCY of increased costs as statutes and rules affecting the dispute to resolve
they become known. the matter. If the parties cannot reach a
4. RIGHT OF ENTRY resolution, the parties agree that any legal action
to enforce any right or obligation under this
4.1 The AGENCY grants to the WSDOT a right of Agreement may only be brought in Thurston
entry upon all land in which the AGENCY has County Superior Court. The venue specified in
interest for the purpose of accomplishing the this section shall not apply to any federal agency
work described above. that is a party to this Agreement.
6. TERMINATION CLAUSE
(Check the Appropriate Box Below) 7. MODIFICATION
❑ 5.1 This Agreement will automatically terminate 7.1 This Agreement may be amended by the mutual
five (5) years after date of execution. This agreement of the parties. Such amendments or
Agreement may be terminated by either party modification shall not be binding unless they are
upon thirty(30) days advanced written notice to in writing and signed by persons authorized to
the other party. In the event of termination, bind each party.
payment will be made by the AGENCY for
work completed by the WSDOT as of the
effective date of termination.
® 5.2 This Agreement will terminate upon completion
of the work described herein.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year last
written below.
REQUESTING AGENCY WASHINGTON STATE
DEPARTMENT Of TRANSPORTATION
By: By:
( 'e, P'::;
Printed: Printed:
t'c-a,' �N F-AVO, Tim Roening
Title: 1j Title:
Date: �Jplj Date: `y
DOT Form 224-093 EF Page 2 of 2
Revised 5/09