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HomeMy WebLinkAboutWashington State Department of Transportation (WSDOT), Amendment No. 1 - 112618� Washington State �I/ Department of Transportation Maintenance Agreement Amendment Agreement Number Number JC 8474 Local Agency Name Jefferson Co. Dept. of Public Works Contact NameContact Phone Dale Seward 360-385-9353 Email DSeward@co.jefferson.wa.us Project Title Jefferson County Roadway Striping Overruns on striping for Calendar Year (CY) 2016 and CY 2017. Note: WSDOT administrative overhead is included in the actual cost Calendar Year Estimated Cost Actual Cost Overrun Paid to Date Remaining Cost CY 2016 $9,968.63 $14,216.91 $4,248.28 $12,449.54 $1,767.37 CY 2017 $9,968.63 $15,575.00 $5,606.37 $0 $15,575.00 Total $19,937.26 $29,791.91 $9,854.65 $12,449.54 $17,342.37 This Amendment No. 1 is made and entered into between the Washington State Department of Transportation, hereafter the "WSDOT," and Jefferson Co. Dept. of Public Works, hereinafter the "AGENCY," collectively referred to as the "Parties" and individually referred to as the "Party." WHEREAS, the Parties hereto entered into Agreement JC -8474 (Agreement) on July 7, 2014 to furnish all labor, equipment, materials, per diem (Work) needed to complete traffic lane striping on specific Jefferson County roadways, and WHEREAS, due to increased costs the Work expenditures exceeded the 25% allowable making it is necessary to amend the Agreement to revise Cost Estimate, and WHEREAS, the Parties desire to amend the Agreement in accordance with Section 3, Increase in Cost and terminate the Agreement in accordance with Section 5, Termination Clause. NOW, THEREFORE, pursuant to chapter 39.34 RCW, the above recitals that are incorporated herein as if fully set forth below and in consideration of the terms, conditions and performances contained herein and/or attached hereto, and by this reference made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The Parties agree to the revised costs as shown above. Increasing the Agreement by Nine Thousand Eight Hundred Fifty-four Dollars Sixty-five Cents ($9,854.65) for a total of Twenty-nine Thousand Seven Hundred Ninety-one Dollars Ninety-one Cents ($29,791.91) for calendar years 2016 and 2017. JC 8474 Amendment No. 1 Page 1 of 2 2. The Parties wish to terminate the Agreement pursuant to Section 5, Termination Clause. Signature of this Amendment will be considered WSDOT 30 day advance written notice and AGENCY acceptance. The Agreement will terminate 30 days from execution of this Amendment No. 1. 3. All other terms and conditions of the Agreement shall remain in full force and effect except as modified by this Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 as of the date last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION JEFFERSON COUNTY DEPARTMENT OF P LIC Signature: Si nature: L,.'/e X",l Printed: 11'` Printed: Title: P, r Title:'? I L' Date: s Date: JC 8474 Amendment No. 1 Page 2 of 2 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: November 26, 2018 Subject: Amendment to the Washington State Dept. of Transportation (WSDOT) Agreement, JC 8474, for Pavement Marking on Various Western Jefferson County Roads Statement of Issue: Approval of this amendment to the above agreement is necessary to reimburse WSDOT for pavement marking services on western Jefferson County roads, accounting for cost overruns in calendar years 2016 and 2017 that have yet to be resolved. Analysis/Strategic Goals/Pro's bt Con's: Per the existing agreement, WSDOT was to perform multi-year lane striping services. In performance of those services in 2016 and 2017, WSDOT experienced cost overruns due to increased material and labor that were beyond the allowable increase threshold of 25% provided for in the agreement. This amendment will modify the existing agreement to allow these costs to be billed. Fiscal Impact/Cost Benefit Analysis: Cost overruns for 2016 and 2017 are explained in the attached Maintenance Agreement Amendment No. 1, wherein WSDOT is requesting reimbursement in the amount of $17,342.37. The revised 2016 and 2017 amounts are in line with the amounts in our current 2018-2023 WSDOT contract, and have been estimated to be 25% (+/-) less than the cost of having our east end striping contractor perform the work. Recommendation: Public Works recommends the Board approve this amendment to the agreement with WSDOT and authorize the Chair to sign the three (3) attached contract documents where indicated, and then return all three (3) documents to Public works for further processing. Department Contact: Dale Seward, Eng -I 360-385-9353 Reviewe y. Morley, aunt dministrator Date IE .r 2,� WaS on State Department of Transportation Maintenance Agency and Billing Address Agreement Number JC:84, Jefferson Co. Dept. of Public Works Agreement 623 Sheridan Street Port Townsend, WA 98368 Work by WSDOT for Other State, Federal, Contact Name/Phone # Dale Seward; 360-385-9353,,360-385-9160 and Local Governmental Agencies Federal Tax ID # 91-6001322 (Total Cost of Agreement Estimated Costs May Not Exceed $50,000 Per Year) Labor;.. $1,485.36 Equipment;... $289.26 Materials;.. $6,897.01 Per Diem,Ete.;.. $1,288.00 Description of Work Description of work: WSDOT will furnish all labor, equipment, and materials needed to complete traffic lane striping on the Jefferson County roadways named below in accordance with the 2014 West End Striping Log and site map provided by the County, and with the current edition of the WSDO'T Standard Specifications Manual `M41 -10' (Manual) I ) Clearwater Road ( County RD. No. 107598) 2) Oil City Road ( County Road No. 134309) 3) Upper Hoh Road ( County Road No. 914207) 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 tabor, equipment and documentation supporting the work done. 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. PAYMENT 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. DOT Form 224-093 EF Revised 5/09 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. rlwQ 6. DISPUTES AND VENde; Ile, 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. Avpwvvd 88 &tll1'i only Jc crson Co. Prosraut = David Alvarez, Chief Civil DPA 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: Printed: ��j til r S rrl/ Printed: 1' ' 61(/�e Title: Title: f Date: 7 Date: / DOT Form 224-093 EF Page 2 of 2 Agreement JC8474 Revised 5109