Agreement for Payment of Costs of Relocation of Landscape Improvements for E Country Club Road Improvement Project ?.
AGREEMENT FOR PAYMENT OF COST OF
RELOCATION OF LANDSCAPE IMPROVEMENTS
For
EAST COUNTRY CLUB ROAD IMPROVEMENT PROJECT NO. 63143
This Agreement is entered June V2017 among the CITY OF SALINA, KANSAS
("City"); LANDSCAPE CONSULTANTS, LLC ("Landscape Consultants"); and CHARLES
ELSEA and KATHLEEN ELSEA, husband and wife, 508 East Country Club Road, Salina,
Kansas ("Homeowners").
Recitals
A. The City has contracted with APAC Kansas Shears Division ("APAC") for
improvements to East Country Club Road, including sidewalk connections on the south side of
East Country Club Road requiring removal and relocation of Homeowners' landscaping included
in the original scope of the APAC contract.
B. The City, the Homeowners. and APAC have determined that the removal and
relocation of the landscaping can best be performed by Landscape Consultants as the contractor
who originally installed the landscaping.
C. The Homeowners and Landscape Consultants have entered into an agreement for
removal and relocation of the landscaping, including a scope of work approved by the City
Engineer for a total cost of$34,945.30.
D. The City and APAC have agreed to a change order eliminating the removal and
relocation of Homeowners' landscaping from the scope of the APAC contract and reducing the
City's cost under the APAC contract in the amount of$34,945.30.
THE PARTIES agree and covenant:
1. Payment for cost of removal and relocation of landscaping. The City agrees to
pay to Landscape Consultants the total amount of $34,945.30 upon both (a) receipt of written
confirmation from the Homeowners that Landscape Consultants' agreed scope of work has been
completed to their satisfaction and (b) receipt of an invoice from Landscape Consultants for
$34,945.30.
2. Sales tax exemption. Landscape Consultants and the City acknowledge and agree
that Landscape Consultants' invoice will reflect that payment by the City for the work to be
performed by Landscape Consultants as part of the City's East Country Club Road Improvement
Project No. 63143 in the amount of$34,945.30 is exempt from sales tax based upon the City's
exemption from sales tax.
3. Non-assignable. This agreement is unique to the parties and circumstances and,
therefore. non-assignable by any of the parties.
0
EXECUTED by the authorize representatives of the parties effective the day and year
first stated above.
CITY OF SALINA, KANSAS
I1/4
1
ose`% \ ♦. - - 1 ♦
Kaye J. Cra\ %Mayor
ATTEST:
By: .YJt/lid[ L.du24
Shandi Wicks, CMC, City Clerk
LANDSCAPE CONSULTANTS, LLC
B)': jIsSlw
Name: /j /Winn J -4—
Title:
HOMEOWNERS
eA,„,...._ ,_ a._________
arlcs Elsea
K thleen Elsea