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1 2. Additional Insured. The construction contract will contain a provision <br /> 2 requiring the City be added as an additional insured on the contractor's required liability <br /> 3 insurance policies. <br /> 4 3. Assignment of Warranties. The construction contract will contain a <br /> 5 clause that allows the County to assign all contractor's and manufacturer's warranties from <br /> 6 the County to the City. <br /> 7 D. Estimate, Segregation, and Payment of Construction Costs <br /> 8 1. Estimated Cost of Construction. The estimated cost of construction <br /> 9 associated with the Breach and Related Work within the Smith Island-City Area is as shown <br /> 10 in the attached Schedule of Estimated Project Costs; PROVIDED, the estimated costs will be <br /> 11 adjusted to conform to the successful bidder's proposal. Costs for additional Services to the <br /> 12 extent associated with changes to the Breach and Related Work requested by the City or to the <br /> 13 extent incurred as a result of either deficiencies in the City's plans or unforeseen site <br /> 14 conditions are in addition to those estimated costs as shown in the attached Schedule of <br /> 15 Estimated Project Costs and shall be paid by the City. <br /> 16 2. Invoicing and Payment. The County shall invoice the City monthly, or <br /> 17 on any other schedule that is mutually convenient and agreed to by the parties. An invoice <br /> 18 will document in reasonable detail the amounts expended by the County related to the Breach <br /> 19 and Related Work in the Smith Island-City area. Invoices shall be based on the County <br /> 20 Contractor(s)'s payments, equipment, materials, and labor expended on the Breach and <br /> 21 Related Work,plus County expenditures in support of the Breach and Related Work. An <br /> 22 invoice will document in reasonable detail the amounts expended by the County related to the <br /> 23 Breach and Related Work in the Smith Island-City area. <br /> 24 3. Payment of Invoices. Invoices shall be paid by the City within thirty <br /> 25 (30) days of receipt by the City without offset or deduction for any reason. Notice of any <br /> 26 potential dispute regarding such payment request shall be made in writing within the same <br /> 27 time period and delivered by the City to the County. Payment by the City shall not constitute <br /> 28 agreement as to the appropriateness of any item or acceptance of the work so represented. At <br /> 29 the time of final audit, all required adjustments related to any potential dispute for which <br /> 30 notice has been timely given and resolution mutually agreed to by the Parties shall be made <br /> 31 and reflected in a final payment. If the Parties are unable to mutually agree upon resolution of <br /> 32 a potential dispute relating to any invoice submitted by the County to the City as set forth <br /> 33 above prior to completion of the Breach and Related Work, the Parties shall submit the matter <br /> 34 to the dispute resolution process set forth in Section 8 of the Agreement; <br /> 35 4. City Reimbursement of Costs for Services Performed by County Staff, <br /> 36 Consultants, Sub-Consultants, Contractors, or Sub-Contractors. <br /> 37 (a) County Staff The City shall reimburse the County for the costs <br /> 38 of the Services provided by County staff on a time and materials basis plus an administrative <br /> 39 overhead fee pursuant to sub-section(c)below. The County agrees that only those costs <br /> 40 directly attributed to the Breach and Related Work and allowed under accepted accounting <br /> AMENDMENT NO.ONE TO THE INTERLOCAL AGREEMENT Page 6 of 9 <br /> FOR THE SMITH ISLAND RESTORATION PROJECT BY AND <br /> BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT <br />