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• <br /> L. • <br /> • <br /> 8 <br /> UTILITY RELOCATION AGREEMENT <br /> BETWEEN <br /> THE CITY OF EVERETT <br /> AND <br /> PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY <br /> This Agreement is entered into this day of ,2004,between the <br /> City of Everett, hereinafter referred to as "the CITY", and the Public Utility District No. 1 of <br /> Snohomish County, hereinafter referred to as "the DISTRICT", both of which are municipal <br /> corporations located in and existing under the laws of the State of Washington. <br /> Recitals <br /> A. The CITY is the lead agency on a project known- as the 112th Street SE <br /> Improvements (WO#00334116) which includes work that necessitates relocation of <br /> approximately 2600 feet of overhead distribution line,communication facilities and all associated <br /> guy stubs, guys, anchors, and miscellaneous materials within the project limits between 3rd Ave. <br /> SE to Interstate 5 along 112th Street SE, Everett. The construction necessary to accomplish the <br /> above electric utility removal and relocation work shall be called"the Work"or"the Project". <br /> B. The DISTRICT agrees to relocate the existing overhead and underground 12kV <br /> lines and communication facilities at DISTRICT'S expense in 'like kind' with new facilities to <br /> accommodate the new road widening and associated street improvements that are in the 112th <br /> Street's Right-of-way,not covered by existing easement. <br /> C. The CITY desires, at its cost, to relocate the DISTRICT'S existing overhead and <br /> underground 12kv lines and communication facilities in "like kind" with new facilities to <br /> accommodate the new road widening and associated street improvements that are adjacent to the <br /> existing 112th Street Right-of-way, covered by easement. <br /> D. Parties have agreed on their respective costs and responsibilities for this Project. <br /> Now therefore, it is mutually agreed as follows: <br /> 1. CONSTRUCTION. The DISTRICT shall design and construct the Work. The <br /> DISTRICT shall administer the Work and manage the construction of the Project. The CITY <br /> may review the design and construction of the Work,but by so doing, shall not be responsible for <br /> the design or performance of the Work or for any claims arising from the work, except as set <br /> forth in this Agreement. The DISTRICT agrees to make every reasonable effort to complete the <br /> work within 90 days of this signed contract; provided, that neither party shall be liable to the <br /> other for, or be considered to be in breach of or in default under this Agreement because of any <br /> failure or delay in performance by such party under this Agreement to the extent such failure of <br /> delay is caused by or results from any cause or condition which is beyond such party's reasonable <br /> control, or which such party is unable to prevent or overcome by exercise of reasonable diligence. <br /> 2. COST SHARE. The CITY and the DISTRICT agree to share the costs for the <br /> Project in accordance with Project cost estimates as set forth in attached Exhibit A; provided, <br /> however, that except as provided in section six (6) below: (a) the CITY'S share of the total <br /> design, administration, and construction cost shall be 72 and 59 one htmdredths percent (72.59%) <br /> of the actual total cost of the Project, irrespective of actual cost of any particular portion thereof. <br /> 2 4 Page l of 4 <br />