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<br /> <br />- 5 - <br />152414712.6 0073013-00096 <br />7. Standpipe Screening. The Parties will cooperate to create the Screening Element on <br />or around the Standpipe(s). The Standpipe Screening will be designed, fabricated and installed on <br />a portion of the City’s standpipe utility infrastructure in accordance with the terms set forth herein. <br />(a) City Responsibilities. The City shall be responsible, at its sole cost and <br />expense, for the design of the Standpipe Screening and its integration with the standpipe(s). The <br />City shall provide the following design submittals to the Port for review and comment: (i) <br />Preliminary Design Submittal (approximately 60% design), which shall include sufficient detail <br />to evaluate constructability, cost, and value engineering opportunities; (ii) 90% Design Submittal, <br />which shall be a near-final design that reflects any comments previously delivered by the Port; and <br />(iii) Issued for Bid (IFB) construction documents, which shall include final drawings, <br />specifications for fabrication and installation, and a detailed cost estimate. The Port shall have a <br />reasonable period of time to review each submittal provide written comments. The City shall <br />consider all Port comments in good faith and incorporate them to the extent reasonably practicable, <br />provided that the City retains final design authority. The final Issued for Bid (IFB) construction <br />documents shall be referred to as the “Final Plans”. Following preparation of the Final Plans, the <br />City shall provide the Port with ongoing engineering and design support, as reasonably necessary <br />and at the City’s sole cost, to facilitate successful fabrication and installation of the Standpipe <br />Screening. <br />(b) Port Responsibilities. The Port shall be responsible for procurement, <br />fabrication, and installation of the Standpipe Screening in accordance with the Final Plans. The <br />Port shall coordinate the installation of the Standpipe Screening with the City to ensure <br />compatibility with the standpipe(s) and related Pipeline infrastructure. <br />(c) Cost Sharing. Upon completion of fabrication and installation of the <br />Standpipe Screening, the Port shall submit an invoice to the City for the City’s share in an amount <br />not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). The City shall pay the invoice <br />within thirty (30) calendar days after receipt. <br />(d) Ownership and Maintenance. Upon completion of fabrication and <br />installation of the Standpipe Screening, the Standpipe Screening will be owned and maintained by <br />the Port. <br />8. Miscellaneous. <br />(a) Authority. The Port and the City each hereby represents to the other that <br />(i) it has the legal right, power and authority to enter into this Agreement and to perform in <br />accordance with its terms and provisions; (ii) the individual(s) signing this Agreement on its behalf <br />have the authority to bind the party and to enter into this Agreement; and (iii) it has taken all <br />required action(s) to legally authorize the execution, delivery, and performance of this Agreement. <br />(b) No Waiver; Severability. The failure of any Party to insist upon strict <br />performance of any of the terms, covenants, conditions or agreements contained herein shall not <br />be deemed a waiver of any rights or remedies that such Party may have, and shall not be deemed <br />a waiver of any subsequent breach or default in any of the terms, covenants, conditions or <br />agreements contained herein. Invalidation of any one of the covenants or restrictions set forth in <br />Docusign Envelope ID: FCDA8FD2-3083-801E-8246-9D6ED260E205