05-053 - King County Water District #125 - Cascade View Improvement Construction Project

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Contractor for work that has been completed by the Contractor and approved by Water Distnct 125 and which Water Distnct 125 has agreed to pay under this Agreement. G Defective or Unauthorized Work. Pursuant to the Project Contract between the City and Contractor, Water District 125 reserves the nght to withhold payment from the City for any defective, incomplete or unauthonzed work performed by the Contractor; provided, Water Distnct 125 shall notify the City of its claim of defective, incomplete or unauthonzed work pnor to the City making payment to the Contractor for such work. For all work which is determined by Water District 125 to be defective, incomplete or unauthorized after the City has paid the Contractor for such work, Water Distnct 125 shall pay the City for such work provided that Water Distnct 125 shall not waive any rights in doing so and any claims regarding the work shall be addressed as a claim against the Contractor by Water Distnct 125 If a defect in the District Work is identified dunng the one -year warranty period, the City will enforce the warranty provisions of the Contract on behalf of Water District 125 Defective, incomplete or unauthonzed work includes, without limitation. work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Water District 125's written approval. If for any reason it is necessary to satisfactonly complete any portion of the work, Water Distnct 125 may complete the work using its own means and the Contractor shall be liable to Water District 125 for any additional costs incurred by Water District 125 "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the Parties beyond the pnce for the Distnct Work included in the Contractor's bid accepted by the City Water District 125 further reserves the right to offset the cost to complete the work, mcludmg any additional costs, from any and all amounts due or to become due the Contractor H. Final Acceptance. The City shall provide Water Distnct 125 with wntten notice of completion of the Distnct Work. The District inspector shall perform final inspection of the Distnct Work. The Distnct shall, within forty -eight (48) hours of its final inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why final acceptance of the Distnct Work cannot be given. If the Distnct fails to respond to the City within forty -eight hours, the District shall be deemed to have given final acceptance of the Distnct Work. Upon final acceptance of the Distnct Work, the City shall assign its nghts under the Project Contract relating to the Distnct Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a maintenance bond at the District's cost to insure that the Distnct Work is free from defects in workmanship and materials for a penod of one (1) year following final acceptance of the Project Work by the City I. As -Built Drawings The City shall provide the Distnct with "as built" drawings for the District Work within thirty (30) days following the City's final acceptance of the Project Work. J Final Payment /Waiver of Claims The making of final payment by the Parties shall constitute a waiver of claims by the Contractor, except those previously and properly C: \DOCI7MF.-- 1 \imilne\i.00'ATS --1 \Temn \F[NAI,W- i .DOC 358829100081315499 .01I6rfv01!.DOC (3/9/053,8/03) -4- it.DOC