HomeMy WebLinkAboutWashington State Department of Transportation (WSDOT) - 022222 ' mil, . a •�a-'�� C a03
Entity Name Agreement number
Jefferson County Public Works GCB 3666
Reimbursable Entity Billing Address
623 Sheridan Street
Agreement for Port Townsend, WA 98368-2439
State Materials
Contact Name Contact Phone and Email
Lab Engineering Mark Thurston (360)385-9210
mthurston@co.jefferson.wa.us
and/or Testing ticA
Services Federal Tax ID# Agreement Title
916001322 L Mats Lab Services
Description of Work
Upon request by Jefferson County Public Works, WSDOT will provide materials fabrication,
testing and inspection; asphalt mix design and verification; preparation of"Record of
Materials" documents; test drilling; and other engineering/geologic/testing services.
This AGREEMENT is made and entered into by and between the Washington State
Department of Transportation, hereinafter"WSDOT," and the above-named entity, hereinafter
the "ENTITY."
Where-as, WSDOT provides engineering and/or testing services to ensure that materials proposed to
be used within WSDOT highway right of way comply with applicable WSDOT standards, or to
determine whether existing state highway infrastructure can withstand impacts from proposed actions
(may not apply to Local Agencies), and
Whereas, the ENTITY has requested WSDOT perform certain materials engineering and/or testing
services as described above in the Description of Work above or as attached as Exhibit A (hereinafter
"Work"), and
Whereas, WSDOT has the necessary personnel and equipment available and is willing to perform
the Work, subject to the terms and conditions herein.
NOW, THEREFORE, pursuant to RCW 47.01.260 and/or Chapter 39.34 RCW, the above recitals that
are incorporated herein as if set forth below, and in consideration of the terms, conditions, provisions,
and Exhibits which are attached hereto and by this reference made a part of this Agreement, IT IS
HEREBY AGREED AS FOLLOWS:
1. SCOPE OF WORK
1.1 The term "Work," as used herein, includes any and all work by WSDOT in its performance of the
engineering and/or testing services specified in the "Description of Work," above or as in Exhibit A
hereto attached. Subject to the terms and conditions herein, WSDOT agrees to perform the Work using
WSDOT labor, equipment, and materials.
GCB 3666 Page 1 of 4
2. TERM OF AGREEMENT
2.1 Check one of the following as applicable to this Agreement:
❑ The term of this Agreement, is project specific and shall begin upon the date of execution by
both Parties and shall remain in effect until WSDOT has completed the Work detailed above or
in Exhibit A; OR should the ENTITY terminate this Agreement pursuant to Section 4, this
Agreement shall terminate when the ENTITY has made full payment for all WSDOT-incurred
costs up to the date of termination. The estimated end date shall be: xxxxxxxx.
X The term of this Agreement shall begin upon the date of execution by both Parties and shall
remain in effect for ten (10) years, subject to renewal by the Parties. This Agreement may be
terminated pursuant to Section 4. In the event of termination, this Agreement shall terminate
when the ENTITY has made full payment for all WSDOT-incurred costs up to the date of
termination. Exhibit A does not apply to this selection and further references within this
agreement are not applicable.
3. PAYMENT
3.1 A cost estimate for the Work is detailed in Exhibit B. WSDOT will invoice the ENTITY monthly for
the actual direct and related indirect costs incurred by WSDOT in the performance of the Work
completed during the previous month. These cost include but may not be limited to, labor, material,
travel, and equipment.
3.2 The ENTITY agrees to reimburse the WSDOT for the actual direct and related indirect costs for
the Work within thirty (30) calendar days of receipt of a WSDOT invoice. The ENTITY agrees further
that if payment is not made to the WSDOT as herein agreed, WSDOT may charge late fees, interest
thedebt toa collection agency, all in accordance with Washington State Law.
or refer g y, g
3.3 The Parties agree that any estimated costs for the Work may be exceeded by up to twenty five
percent (25%) before an amendment to this Agreement is required. Once the costs reach the estimate
in Exhibit B plus the 25% overrun allowance, WSDOT shall stop all Work until an amendment has been
executed increasing the maximum dollar amount payable under this Agreement, or a decision is
reached to terminate this Agreement.
4. TERMINATION
4.1 Either Party may terminate this Agreement upon thirty (30) calendar days written notice to the other
Party. If this Agreement is terminated by either Party prior to completion of the Work specified herein,
the ENTITY agrees to and shall reimburse WSDOT for all actual direct and related indirect expenses
and costs incurred up to the date of termination associated with the Work.
5. MODIFICATIONS
5.1 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.
6.RECORDS
6.1 All records for performance of the Work, including labor, material, travel, and equipment records in
GCB 3666 Page 2 of 4
Agreement. The Parties shall not be required to indemnify,defend, or hold harmless the other Party if
the claim, suit, or action for injuries,death, or damages(both to persons and/or property)is caused by
the negligence of the other Party; provided that, if such claims, suits, or actions result from the
concurrent negligence of(a)the WSDOT, its employees and/or authorized agents and (b)the ENTITY,
its employees or authorized agents,or involves those actions covered by RCW 4.24.115,the indemnity
provisions provided herein shall be valid and enforceable only to the extent of the negligence of each
Party,its employees and/or authorized agents. The Parties agree that their obligations under this
section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their
officers, officials,employees or agents. For this purpose only, the Parties, by mutual negotiation,
hereby waive,with respect to each other only, any immunity that would otherwise be available against
such claims under the Industrial insurance provisions of Title 51 RCW.
9.2 The terms of this Section shall survive termination of this Agreement.
10. LEGAL RELATIONS
10.1 WSDOT's relation to the ENTITY shall be at all times as an independent contractor. Further,
WSDOT shall perform the Work as provided under this Agreement solely for the benefit of the ENTITY
and not for any third party.
11. SEVERABILITY
11.1 If any terms or provisions of this Agreement are determined to be invalid, such invalid term or
provision shall not affect or impair the remainder of the Agreement,but such remainder shall remain in
full force and effect to the same extent as though the invalid term or provisions were not contained in
the Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last
signed below.
Washington Star
Department of Transportation
By764By: �*
Pn Print
f ti nkra4,- Joe Schmit
Title vi 0 Title: Business Manager
C. ar C�C C ,�� ��
Date: Z Z Z12 Z Date: 3/3/2022
Approved as to form only: Approved As To Form on behalf of WSDOT
/s/ Guy Bowman
FPhru ry ,q 2n22 Date: July 8, 2021
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
GCB 3666 Page 4 of 4
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, Interim County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: February4 , 2022
Subject: Reimbursable Agreement for State Materials Lab Engineering
and/or Testing Services with the Washington State Department of
Transportation (WSDOT)
Statement of Issue: Reimbursable Agreement for State Materials Lab Engineering
and/or Testing Services with the Washington State Department of Transportation.
Analysis/Strategic Goals/Pro's Et Con's: During the construction phase of various
projects, Public Works has periodic needs for fabrication inspection and materials
testing services provided by the WSDOT Materials Lab. This agreement is necessary in
order for WSDOT to provide these services on a reimbursable basis. The agreement
will have a ten-year term.
Fiscal Impact/Cost Benefit Analysis: Services will be provided on a reimbursable
basis. Depending on the funding arrangements for each project, these services will
be partly funded by grants and partly by the County Road Fund.
Recommendation: Public Works recommends that the Board sign all three originals of
the Reimbursable Agreement for State Materials Lab Engineering and/or Testing
Services, and return all three originals to Public Works for further processing. After
execution of the Agreement by WSDOT, Public Works will return an executed original
to the Board.
Department Contact: Mark Thurston, P.E., Engineer 4, 385-9210.
Reviewed By:
ygli
Mark McCaule terim County Admini ra r ate
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE) Pie.0ga- ,,4
CONTRACT WITH: Washington State Department of Transportation Contract No: GCB 3666
Contract For: State Materials Lab Engineering and Testing Services Term: 10 years
COUNTY DEPARTMENT: Public Works
Contact Person: Mark Thurston I Chris Spal4
Contact Phone: 305.9210
Contact email: mthurston@cajetierson.wa.us;cspall@cajeferson.wa.us
AMOUNT: Reimbursable Agreement PROCESS: ^ Exempt from Bid Process
Revenue: 595 Cooperative Purchase
Expenditure: 180000054200.51.00 Competitive Sealed Bid
Matchin FundsRequired:g q : No Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# _ RFP or RFQ
Munis Org/Obj I Other: Intergovernmental agreement
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: n N/A:Q ?" h ;" z -1-z Z
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: El N/A: [] . tr, - a- 7 - ZZ
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/8/2022.
State agreement.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
1 Electronically approved as to form by PAO on 2/10/2022.
7
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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