Snohomish County Public Utility District 12/27/2016

6.2 Bridge Pole Notice. The City will provide a written notice to the District regarding the Bridge Poles (the "Bridge Pole Notice"), which must contain three elements as described below: Element One: Deadline for Raising of Bridge Poles. The Bridge Pole Notice must state the deadline date for the District's completion of the raising of the Bridge Poles to the height shown in Exhibit A. This deadline date shall be no sooner than ninety(90) days after date of delivery of the Bridge Pole Notice and no earlier than May 31, 2017. Element Two: De-Energize Period. The Parties acknowledge that the erection of the Bridge will require that the power lines between the Bridge Poles be de-energized for a period of time ("De-Energize Period"). Accordingly,the Bridge Pole Notice must also designate when the De-Energize Period is to occur. The City and District acknowledge that, unless mutually agreed otherwise in writing, the maximum duration of the De-Energize Period is two weeks, and such two weeks must occur between June 1, 2017 and August 31, 2017. After the Bridge Pole Notice, the City or its contractor may revise when the De-Energize Period is to occur, but such revision must be in writing delivered to the District and the District may reject such a revision at the District's sole discretion if such revision causes the De-Energize Period to occur earlier than as designated in the Bridge Pole Notice. Element Three: Contractor Election Regarding Bridge Pole Power Lines. The Bridge Pole Notice must also state whether the City's contractor has elected either(a)to erect the bridge during the De-Energize Period with the de-energized power lines between the Bridge Poles left in place or (b) to erect the bridge during the De-Energize Period with the de-energized power lines between the Bridge Poles removed. 6.3 Completion of High Line Work. Subject to Section 5.2.9 and Section 7, the District shall complete at the District's cost the High Line Work in accordance with the Bridge Pole Notice and Exhibit A. The District incorporated into its High Line Design as shown in Exhibit A, a new pole and a pole replacement that will facilitate construction, removal and reinstallation of the High Line outside of the Bridge Poles. The City acknowledges and agrees that, if the City's contractor elects to erect the bridge during the De-Energize Period with the de- energized power lines between the Bridge Poles removed,the District will utilize these two poles noted above as "new" and a"replacement". If this occurs, then the City may require the District after bridge erection to lower or remove the "new" pole and lower the "replacement" pole if the City pays for the costs of such effort. If the City elects not to pay such lowering costs, then the District may leave such poles as-is after bridge erection. 7. Excusable Delay. Excusable delay means a failure to perform in a timely manner due to events or causes that are not reasonably within the control or contemplation of the Party whose ability to perform is delayed by such events or causes. Without limitation, such events or causes may include: extreme or unusual weather, landslides, lightning, forest fires, storms, floods, freezing, drought, earthquakes, civil disturbances, strikes, or other disturbances associated with labor relations, acts of the public enemy, wars,public riots, breakage, explosion, accident to machinery or equipment (reasonably related to the delayed performance), reasonably unanticipated changed site conditions, the failure of any government entity with jurisdiction over the design phase and/or 8