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1 for the Breach and Related Work shall be limited to costs covered by a modification, change <br /> 2 order or extra work order approved as described below in Sections 6 and 7. <br /> 3 6. Changes from the Approved Plans. Should it be determined that any <br /> 4 change from the contract plans and specifications for the Breach and Related Work is <br /> 5 required, the County, through the Director of Engineering Services, shall have authority to <br /> 6 make such changes up to the amount of the "Contingency" shown in the attached Schedule of <br /> 7 Estimated City Project Costs for Breach and Related Work Within the Smith Island-City <br /> 8 Area. PROVIDED, that any change in the Breach and Related Work, that would result in an <br /> 9 increased cost to the City in excess of$15,000 per incident, or that would result in a total of <br /> 10 cumulative incidents that is greater than the"Contingency" amount in the attached Schedule <br /> 11 of Estimated Project Costs, will require a Binding Letter of Agreement, signed by the Parties' <br /> 12 Public Works Directors or their designees, describing the changed scope of work and the <br /> 13 estimated change in the Breach and Related Work cost. <br /> 14 7. Contractor Claim. In the event of a claim by the Contractor(s) relating <br /> 15 to Breach and Related Work performed within the Smith Island-City area, the City shall be <br /> 16 responsible for indemnifying, defending and holding harmless the County from and against all <br /> 17 claims, causes of action or damages to the extent arising out of any defect, error or deficiency <br /> 18 in the City's approved plans including, but not limited to, any claims for costs associated with <br /> 19 change orders, delays or additional work to the extent necessitated by any defect, error or <br /> 20 deficiency in the City's approved plans or to the extent resulting from any unforeseen <br /> 21 conditions existing upon the Smith Island-City area. <br /> 22 E. Audit and Final Invoice by County and Review and Acceptance by City of <br /> 23 Project Completion <br /> 24 1. Audit and Final Billing. Upon completion and acceptance of the <br /> 25 Breach and Related Work and resolution of contractor claims (if any), the County shall <br /> 26 conduct a final audit in accordance with accepted industry standards. At the time of the final <br /> 27 audit, all adjustments required shall be made and shall be reflected in a final billing to the <br /> 28 City. The County, upon completion of the audit, shall provide the City with a copy of the <br /> 29 audit and a final invoice. <br /> 30 2. Review and Acceptance. The City shall have thirty(30) days from <br /> 31 receipt of the audit and final invoice to review and notify the County if it accepts or has <br /> 32 comments on the audit and final invoice. <br /> 33 3. Deemed Acceptance. Within thirty(30) days of receipt of the audit and <br /> 34 final invoice, the City shall notify the County in writing of any objections to the audit and/or <br /> 35 final invoice. If no objections are timely delivered, the City shall make final payment to the <br /> 36 County and such final payment shall constitute an acceptance by the City of the County's <br /> 37 costs and accounting. If the City gives timely notice of an objection to the audit and final <br /> 38 invoice, and the parties are unable to mutually agree upon resolution of such objection within <br /> 39 thirty(30) days of the County's receipt of such notice, the Parties agree to submit the matter <br /> 40 to the dispute resolution process set forth in Section 8 of the Agreement. <br /> AMENDMENT NO.ONE TO THE INTERLOCAL AGREEMENT Page 8 of 9 <br /> FOR THE SMITH ISLAND RESTORATION PROJECT BY AND <br /> BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT <br />