08-070 - King County Water District #125 - Tukwila International Boulevard Phase II & III Utility Relocation

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E. Invoice. Water District 125 agrees to pay the City within forty -five (45) days of receiving a correct invoice from the City for completed work approved by the District and which Water District 125 has agreed to pay under this Agreement. Failure to pay on time may result in a Stop Work Order being issued for the District Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Water District 125 with written notice of completion of the District Work. The District inspector shall perfouii final inspection of the District Work within five (5) days of written notice. The District shall, within two (2) business days 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 District Work cannot be given. If the District fails to respond to the City within the prescribed timeline, the District shall be deemed to have given final acceptance of the District Work. Upon final acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District 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 bond to insure that the District Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work. Water District 125 reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work perfoimed by the Contractor; provided, the District shall be deemed to have waived this right as to any part of the District Work that has been accepted by the District. This waiver shall not waive any claim by the District against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed District Work following District acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not confoiiii to the requirements of this Agreement, and extra work and materials furnished without Water District 125's written approval. H. As -Built Drawings. The City shall provide the District with "as built" drawings for the District Work following the City's final acceptance of the Project Work. 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 written 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 teimination. It will then be the responsibility of Water District 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 responsible for any delay to the City's project due to Water District 125's water relocation work. S \TIB Phase 2 &3 95- RWO3 005 Design Review \Utility Coordination \3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 4 of 9