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

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made and identified as required by the Project Contract by the Contractor as unsettled at the time request for final payment is made. 4. WITHDRAWAL FROM AGREEMENT Should Water District 125, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Water District 125 shall promptly issue to the City notice of withdrawal from this agreement and this agreement shall terminate. Water District 125 shall be responsible to reimburse the City for its reasonable costs related to the District Work through the date of termination. It will then be the responsibility of Water Distnct 125 to coordinate and install their facilities in a time and manner that will not delay the City's contractor Water District 125 shall be held liable for any delay to the City's project due to Water District 125's water improvement work. 5. CHANGES After the City executes a contract with the Contractor, Water Distnct 125 shall submit any changes requested to be performed by the City's Contractor to the City The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Water District 125 of this pnce Pnces supplied by the Contractor for Water Distnct 125 change orders shall be in conformance with the 25% limit in subsection 1 -04 4 of the WSDOT Standard Specifications. Water Distnct 125 shall have two (2) business days from receiving the pnce from the City within which to respond to the City If Water Distnct 125 chooses not to accept the Contractor's price then this work shall only be performed by Water Distnct 125 according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor 6. INDEMNIFICATION, LIENS AND ENCUMBRANCES Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and agents harmless from any and all claims, mjunes, damages, losses or suits including all legal costs and attorney fees, ansing out of or in connection with the performance of the Party's work required under this Agreement, except to the extent such injunes and damages are caused by the negligence or willful misconduct of the other Party Should a court of competent junsdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of habihty for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, its officials, employees and agents, a party's liability hereunder shall be only to the extent of the party's negligence The provisions of this section shall survive the expiration or termination of this Agreement. 7 INSURANCE The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts CADOCITME- 1 \imilne \LOCAI 5--1 \Temp \FIN AI,W_t 11(1r 358829100081315499.0116rfv01 !.DOC (3/9/053/8'05) -5-