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<br /> 3. CITY PAYMENT. The CITY agrees to reimburse the DISTRICT for Project
<br /> costs, in an amount as stated in section two(2). Within thirty(30)days of submittal of invoice(s)
<br /> from the DISTRICT to the CITY, the CITY shall reimburse the DISTRICT for the amount
<br /> described therein. Invoices may be submitted for payment on a monthly basis during the
<br /> performance of the Work and shall be based upon the actual amount of the Project work
<br /> completed. Invoices shall be sent to City of Everett, 3200 Cedar St. Everett, WA. 98201, Attn:
<br /> Dave Davis.
<br /> 4. POWERLINE RELOCATION. The parties agree to work cooperatively to
<br /> ensure that the installation of the poles and underground structures shall be coordinated and occur
<br /> in conjunction with, and not interfere with, the other elements of the DISTRICT facilities or
<br /> CITY'S road improvements or construction. The DISTRICT agrees to relocate the poles covered
<br /> by existing easements to behind sidewalk (38' North from centerline), which is within the new
<br /> right-of-way boundaries, with the understanding that if these poles need to be relocated in the
<br /> future for other than DISTRICT purposes, the relocation will be one hundred percent funded by
<br /> the CITY or others as directed by the CITY. This is due to the new right-of-way boundary line
<br /> being within five (5) feet of building foundations in several locations, leaving no private property
<br /> for DISTRICT poles.
<br /> 5. CONSTRUCTION CLAIMS FOR ADDITIONAL PAYMENT. The DISTRICT
<br /> shall administer the construction, including handling all requests for claims for additional
<br /> payment. If the DISTRICT reasonably believes it necessary for the benefit of both the
<br /> DISTRICT and the CITY, the DISTRICT may direct the contractor to perform additional work
<br /> without prior CITY approval,provided the cost of individual additional work items do not exceed
<br /> $5,000 and the cumulative total of such additional work items during the project do not exceed
<br /> $15,000. The CITY shall not otherwise be responsible for additional or changed work unless: (a)
<br /> such change is a direction to perform extra work reasonably necessary to protect life or property,
<br /> and in such event, the City is financially responsible for its pro rata share of only that extra work
<br /> reasonably necessary to protect life or property; or (b) the DISTRICT obtains the CITY's
<br /> approval prior to the work being performed. In the event of any request by the contractor for
<br /> equitable adjustment of the contract price or time, the DISTRICT and CITY shall confer and
<br /> coordinate a response. . If the CITY notifies the DISTRICT that the Work is to be performed at a
<br /> location that is different than that described in the design existing on the date that this document
<br /> is executed,the DISTRICT will be paid for all of its resulting costs.
<br /> 6. INDEMNIFICATION. The CITY agrees to indemnify, defend and hold the
<br /> DISTRICT, its employees, agents, and elected and appointed officials harmless from any and all
<br /> claims that may be made against them arising out of the performance of the activities described in
<br /> this Agreement, to the extent of the negligence of the CITY, its employees, agents or elected or
<br /> appointed officials. The CITY further agrees to indemnify, defend, and hold the DISTRICT, its
<br /> employees, agents, and elected and appointed officials harmless from all claims, demands, or
<br /> damages related to the CITY's municipal responsibilities and obligations with respect to the
<br /> activities described in the Agreement.
<br /> The DISTRICT agrees to indemnify, defend, and hold the CITY, its employees, agents,
<br /> and elected and appointed officials harmless from any and all claims that may be made against
<br /> them arising out of the performance of the activities described in this Agreement, to the extent of
<br /> the negligence of the DISTRICT, its employees, agents, or elected or appointed officials. The
<br /> DISTRICT further agrees to indemnify, defend, and hold the CITY, its employees, agents, and
<br /> elected and appointed officials harmless from all claims, demands, or damages related to the
<br /> DISTRICT's municipal responsibilities and obligations with respect to the activities described in
<br /> this Agreement. 2 5
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