TIC 2017-05-23 Item 2C - Agreement - 42nd Avenue South Phase III (Southcenter Boulevard to South 160th Street) with King County Water District #125

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insurance to be maintained by the Contractor under the terms of the Project contract, including the Contractor's Commercial General Liability Insurance, Commercial Automobile Insurance, and Umbrella coverage. The District shall be responsible to pay any additional cost incurred by the Contractor to name the District as an additional insured. If the District is included as an additional insured on such insurance, the Contractor shall provide the City with endorsement(s) to such insurance necessary to confirm the District is an additional insured on such policies /coverage. The City shall provide the District with copies of such endorsement(s) upon receipt of same by the City. The City shall also require the contractor building the Project to indemnify, defend, and save harmless the District and its elected and appointed officers, agents, or employees from any claim, damage, action, liability of proceeding brought or filed against the District or its officers, agents or employees alleging damage or injury arising out of the contractor's participation in the Project. The Contractor shall also be required to waive the Contractor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as to the District solely for the purposes of the indemnification. 5. COMPENSATION 5.1 The estimated cost for the District work related to this Agreement, as described on Exhibit B is $223,643, including tax. Based on the estimated cost, the District shall pay the City $17,891.44 for construction administration costs plus actual contractor costs including tax for completed work, and /or services rendered under this Agreement according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid by the District to the City, including the construction administration costs referenced above, shall not exceed $289,841.33 unless approved in writing by the District. The actual costs are subject to change based upon final bid review, award of all relevant Project work, and change orders. 5.2 The City shall invoice the District following completion of the Project work and acceptance by the District of the District Work. Payments are due within thirty (30) days of the District's receipt of an invoice from the City, except for any disputed amounts. 5.3 Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. 6. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and /or awards of damages, arising out of; or in any way resulting from that other Party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the W: \PW Eng \PROJECTS\A- RW & RS Projects \42nd Ave S Phase III (99410303 94 -RS03) \Design \90 % \COT - KCWD #125 - Interlocal Agreement 42nd Ave S Final.docx -4- 29