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4.3.5. Aerial Infrastructure Removal Project: City Light shall complete the Aerial <br />Infrastructure Removal Project within ninety -five (95) working days following the <br />completion of the Third -Party Aerial Infrastructure Removal Project and private <br />property service conversion, except as provided for in Sections 4.5 or 4.4 of this <br />Agreement. <br />4.4 Design Revisions: Tukwila will immediately notify in writing the City Light inspector, as <br />well as City Light's project manager, of any potential design revisions affecting the Civil <br />Infrastructure and ensure that City Light reviews and approves those design revisions. <br />4.5 City Light project manager will immediately notify in writing Tukwila of any requests for <br />change orders affecting the Civil Infrastructure work and ensure that Tukwila reviews and <br />approves those change orders. <br />4.6 Each party agrees to review and respond to design revisions and /or change order submittals <br />within ten (10) working days unless additional information is required to make a <br />determination of the effect on City Light facilities and services or Tukwila's street <br />improvements. <br />4.7 Tukwila and City Light agree that although the Tukwila construction inspector is not <br />responsible for primary inspection of City Light facilities, both Tukwila's and City Light's <br />inspectors and their project managers will work cooperatively to bring the Work to <br />completion on schedule and within budget. <br />4.8 In the event of an inspection or quality disagreement, the Tukwila Public Works Director <br />and City Light's South Distribution Design Manager or Designated Representative, or such <br />person subsequently designated by City Light will be notified immediately for resolution. <br />Resolution of disagreement shall be documented in written form (letter, memo, email) <br />between Tukwila and City Light. <br />4.9 Contractor Delay; Disruption: Delays in completion of the Civil Infrastructure, caused by <br />Tukwila, the Consultant, or the Contractor, may cause City Light to redirect its crew <br />resources to other tasks, and City Light crew resources may not be immediately able to <br />return, which may impact the Work or the Project Schedule. City Light shall immediately <br />notify Tukwila's City Engineer, if City Light crews are removed from the Work, and shall <br />return City Light crew resources to complete the Work as soon as is reasonably possible. <br />4. 10 Force Majeure: Tukwila agrees that City Light's performance of its obligations under this <br />Agreement shall be excused to the extent that such delay is the direct result of a "Force <br />Majeure Event" such as a storm, earthquake, or other unforeseen event beyond the control <br />of City Light, which necessitates the mobilization of City Light resources to restore utility <br />service to its customers. City Light agrees to promptly notify the Tukwila City Engineer <br />if and when City Light crews are to be removed from the Project and Work and both parties <br />agree to use all commercially reasonable efforts to eliminate or minimize any delay caused <br />by a Force Majeure Event. Performance of any obligation affected by Force Majeure Event <br />shall be resumed as soon as reasonably possible after the termination or abatement of the <br />Force Majeure Event. <br />City of Tukwila - 42nd Ave S Phase III Undergrounding Agreement <br />Page 10 of 17 <br />FINAL <br />47 <br />