Loading...
HomeMy WebLinkAbout001028 Amendment 1 U00 10 2 8 Aldlllli� Vftshbigwn Stme W/Af MpartmeM of nansporWWn Agency and Billing Address Agreement Number 108512 Maintenance City of Port Angeles Agreement 321 East Fifth Street PO BOX 1150 Port Angeles, WA 98362 Work by WSDOT 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 $60,000 Per Year) $25,000.00 Description of Work Extended Agreement Period: November 1,2016,through October 31,2017 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 2.4 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 5109 3. INCREASE IN COST 6. DISPUTES AND VENUE 3.1 The parties agree that the estimated cost ofthe 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 E3 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 agreernent 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 W11NESS WIIEREOF,the parties hereto have executed this Agreement as of the day and year last written below, 777-7 77777,7, "1 ATT, E an" INGTON ST-1 J, DEPA N' By: By: Printed. Printed: AJov��,a kki a '45st'!;t Date:..// Date: DOT Foran 224-093 EF Page 2 of 2 Agreement JC8512 ReVsed 5109