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Home My WebLink AboutPW16-210 - Original - Water District 111 - Landscape Meters - 05/18/2016 0 4b' fJ ❑❑❑❑❑❑�❑ %❑❑f❑❑❑❑% f❑r 4�� c r d sje m / EN // ❑/ a i WnsH I N a Ia. / DocumentI/,��' CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Water District 111 Vendor dumber: JD Edwards Number Contract Number: 'IL ~` This is assigned by City Clerk's Office Project Name: Landscape Meters Description: ❑ Tnterlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the41�ayor's si nature Termination Date: 1 year Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Bill Thomas Department: PW Operations Contract Amount: $48,343.46 Approval Authority: (CIRCLE LINE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Water District 111 shall install water services to the landscape medians located west of 13- Ave. SE on bent Kangley Rd. As of; 08/27/14 LANDSCAPE METERS AGREEMENT BETWEEN CITY OF KENT AND WATER DISTRICT 111 The City of Kent ("City"), a Washington municipal corporation formed under Title 35A RCW, and King County Water District No. 111 ("District"), a Washington municipal corporation formed under Title 57 RCW, agree ("Agreement") as follows: Recitals A. The City has installed landscape medians located just west of 132"d Ave S.E. on Kent-Kangley Road located within the City's corporate boundaries. B. The District provides water service to the area where the landscape medians are located. The City desires District water service to the landscape medians and has requested the District install water services, including water meters, to the landscape medians. C. The City is responsible for payment to the District for installation of water meters and the associated system development fees associated therewith. Agreement 1. Cost of Installation. The estimated installation costs are $34,019.46, excluding sales tax as set forth on Exhibit A attached hereto and incorporated herein by this reference. The District's system development and meter setting fees (for two 5/8" meters) are estimated to cost $14,324 (2X$6,797 SDC + 2X$365 = $14,324). The total estimated cost is approximately $48,343.46. 2. Payment. The District will bill the City after the District's contractor has completed the installation and has provided the District with a final bill detailing the amount due from the City, including the associated system development fees. The City will tender payment to the District within thirty (30) calendar days from the date the City receives the bill from the District. 3. Sales Tax Exempt. Pursuant to Washington State Department of Revenue Rule 171 (WAC 458-20-171), water meter installation work' is sales tax exempt because the improvements are for a streetscape. Should it be determined in the future that sales tax must be paid for the work, the City will be responsible for paying the appropriate sales tax, and shall indemnify and hold the District from and against any such sales tax owing for the work. 4. Miscellaneous. -1- I i 4.1 Duration, This Agreement will terminate one (1) year after completion of the work described in this Agreement, except that the indemnification obligations will survive the termination of this Agreement. 4.2 Indemnification. The City will defend, indemnify and hold the District, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the City's negligent acts or omissions relating to this Agreement. The District will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the District's negligent acts or omissions relating to this Agreement. 4.3 Non-Waiver of Breach. Either party's failure to insist upon strict performance of any of the covenants and agreements contained in this Agreement or to exercise any option conferred by this Agreement in one or more instances will not be construed to be a waiver or relinquishment of those covenants, agreements or options. 4.4 Governing Law. Resolution of Disputes, and Legal Costs. Washington law will govern this Agreement. If the parties are unable to settle any dispute, difference or claim arising from this agreement, the exclusive means of resolving that dispute, difference or claim, will only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party will pay all its legal costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph will be construed to limit the City's or the District's right to indemnification under subsection 4.2. 4.5 Assignment or Modification. Assignment, waiver, alteration, or modification of all or part of this Agreement will not be binding unless in writing and signed by a duly authorized representative of each party. 4.6 Entire Agreement. The written provisions and terms of this Agreement supersede all prior verbal statements of any officers or other representatives, and those statements will not be construed as part of this Agreement. 4.7 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together will constitute one agreement. -2- 5. Effective date. This Agreement will take effect can the last date entered below. The City of Cent 'Water District No., 111 A;;yor z e C e I3 William By, y: C. Hall It Its General Mana er Gate Late: arVCv,l1'ilu.lQyen F l-n 17Y3-G/W.rks D `Aym¢5 11111&4 S¢xverGLHrtp3<,J{1C la4fi:r AyrC•,ErYnmp,yp{'+.3y,a9pG- APPROVED AS TO FORM: OFFICE OF CITY ATTORNEY: w By: � EXHIBIT "A" CITY OF KENT- LANDSCAPE METERS Estimate for installation of two water services @ 132"d Ave SE and SE Kent-Kangley Mobilization $500.00 Labor& Machinery $13,500.00 Traffic Control Devices w/Plan $1,390.00 Saw Cutting $1,000.00 Vac Truck $1,500.00 Police Officer $2,200.00 Portable Lights $500.00 Backup Vehicles $600.00 Water Service Materials $1,950.00 Crushed Gravel $500.00 Asphalt Restoration $2,000.00 Dump Fees $250.00 Sales Tax @ 9.5% $2,459.55 Subtotal $28,349.55 District 20%(labor, permits, mist expenses) $5,669.91 TOTAL $34,019.46* *the total amount listed above is only an estimate of the cost of the installation work. If the cost of the work exceeds the estimate, amounts exceeding the estimated cost will be billed to and paid by the City. 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