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HomeMy WebLinkAbout5.1026 Original ContractWashington State Department of Transportation Maintenance Agreement Work by WSDOT for Other State, Federal, and Local Governmental Agencies (Total Cost of Agreement May Not Exceed $50,000 Per Year) DOT Form 224 -093 EF Revised 5/09 1. GENERAL 2. PAYMENT Agency and Billing Address City of Port Angeles PO Box 1150 Port Angeles, WA 98362 -0217 Contact Name /Phone Jim Mahlum (360) 417 4701 (18) Federal Tax ID 916001266 Estimated Costs $7,500.00 Agreement Number JC -8369 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: Description of Work WSDOT electrical signal work services of AGENCY signal systems located at 1st and Peabody, and Front and Lincoln during AGENCY's signal rebuild project. 1.1 The WSDOT agrees to perform the above described work, using state labor, equipment and materials, as requested by the AGENCY. 1.2 The AGENCY agrees, in consideration of the faithful performance of the above described work to be done by the WSDOT, to reimburse the WSDOT for the actual direct and related indirect costs of the work. Administrative Charges at current rate are considered part of indirect costs. 2.1 The estimated cost of the work is stated above. The AGENCY agrees to set aside funds for payment to the WSDOT in this amount. 2.2 The AGENCY agrees to pay the WSDOT for the work done within thirty (30) days from receipt of a WSDOT invoice, which shall include documentation supporting the work done. 2.3 If the AGENCY is a county or city, the AGENCY agrees that if it does not make payment as provided under the terms of this Agreement, the AGENCY authorizes the WSDOT to withhold and use as payment Motor Vehicle Fund monies credited or to be credited to the AGENCY. 2.4 The AGENCY agrees further that if payment is not made to the WSDOT within thirty (30) days from receipt of WSDOT's invoice, the WSDOT may charge late fees and /or interest in accordance with Washington State Law. 3. INCREASE IN COST 3.1 The parties agree that the estimated cost of the work may be exceeded by up to 25 In the event of such increased costs the parties agree to modify the estimated cost of work by written amendment, signed by both parties. WSDOT shall notify the AGENCY of increased costs as they become known. 4. RIGHT OF ENTRY 4.1 The AGENCY grants to the WSDOT a right of entry upon all land in which the AGENCY has interest for the purpose of accomplishing the work described above. 5. TERMINATION CLAUSE (Check the Appropriate Box Below) 5.1 This Agreement will automatically terminate five (5) years after date of execution. This Agreement may be terminated by either party upon thirty (30) days advanced written notice to the other party. In the event of termination, 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. REQUESTING AGENCY Printggd isitv Title: /a .5":/13s Date' o DOT Form 224 -093 EF Revised 5/09 6. DISPUTES AND VENUE 6.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: The WSDOT's Secretary of Transportation or designee and the AGENCY's head or designee shall review the applicable facts, contract terms, statutes and rules affecting the dispute to resolve the matter. If the parties cannot reach a resolution, the parties agree that any legal action to enforce any right or obligation under this Agreement may only be brought in Thurston County Superior Court. The venue specified in this section shall not apply to any federal agency that is a party to this Agreement. 7. MODIFICATION 7.1 This Agreement may be amended by the mutual agreement of the parties. Such amendments or modification shall not be binding unless they are in writing and signed by persons authorized to bind each party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By Printed., Title /J E Dateā€¢ i L ve ett c cap Page 2 of 2 Agreement JC -8369