08-071 - Valley View Sewer District - Tukwila International Boulevard Phase II & III Sewer Facility Adjustments

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E. Invoice. Valley View Sewer District 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 Valley View Sewer District 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 Valley View Sewer District with written notice of completion of the District Work. The District inspector shall perform 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 fmal 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 fmal acceptance of the Project Work by the City. G. Defective or Unauthorized Work Valley View Sewer District reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed 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 conform to the requirements of this Agreement, and extra work and materials furnished without Valley View Sewer District'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 Valley View Sewer District, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Valley View Sewer District shall promptly issue to the City written notice of withdrawal from this agreement and this agreement shall terminate. Valley View Sewer District 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 Valley View Sewer District to coordinate and install their facilities in a time and manner that will not delay the City's contractor. Valley View Sewer District shall be responsible for any delay to the City's project due to Valley View Sewer District's sewer facility adjustments. S:\TIB Phase 2&3 95- RWO3W.005 Design RevicwtUtility Coordinationl3rd Party Coordination AgrccmuuslT[B P1)28c3 ValView Coordination Agreement 06- 19- 08.doc (Pruned 6/19/08) Page 4 of9