05-054 - Val Vue Sewer District - Cascade View Improvement Construction Project

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3 COST ALLOCATION fhe City has no responsibility for costs related to the Distnct Work The costs shown on this exhibit are estimates only The final breakdown of costs will be based on the actual lump sum bid price on the "Sewer System Improvements" schedule included in the City Bid Documents as adjusted by construction change orders Val Vue Sewer District will also be responsible for the following City's costs A Sewer Facility Installation Val Vue Sewer District agrees to pay the actual cost that the City incurs for constructing the District Work including excavation costs B Adjustments and Relocations Val Vue Sewer District agrees to pay the actual costs the City incurs for adjustments and relocations of sewer service lines throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements C Consultant Costs Val Vue Sewer District agrees to pay the actual cost that the City incurs, including consultant costs for incorporating the District Work into the Project s construction contract documents and the C ity s cost for construction management and inspection coordination for the District Work D Additional Expenses Val Vue Sewer District agrees to pay any additional expenses incurred in installing the District Work due to any over excavation required or any other unforeseen conditions related to the District Work which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in Val Vue Sewer District s design or conflicts not accounted for in Val Vue Sewer District's design Any changes to the District Work perceived as necessary by the Contractor and any change orders therefore must be approved in writing by Val Vue Sewer District in advance of such changes to the District Work and any change orders related thereto E Claims by Contractor Val Vue Sewer District agrees to pay any claims made by the Contractor relating to the District Work that are valid and proximately caused by Val Vue Sewer District, provided, Val Vue Sewer District at its sole expense shall have the right to defend any claims made by the Contractor relating to the District Work if Val Vue Sewer District determines all or any part of the claim is not valid These claims may include delays caused by installing the District Work, delays caused by Val Vue Sewer District providing materials, or any other conflicts between the Contractor and Val Vue Sewer District. Any such claims must comply with the definition and procedure regarding claims in the Project contract and must be verifiable or substantiated claims and be subject to binding arbitration F Invoice Val Vue Sewer District agrees to pay the City within forty -five (45) days of receiving a correct invoice by the City for amounts that the City has been invoiced by the Contractor for work that has been completed by the Contractor and approved by Val Vue -3-