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5. CHANGES <br />After the City executes a contract with the Contractor, Water District 125 shall submit <br />any changes requested to be performed by the City's Contractor to the City. The City shall <br />submit this to the Contractor; obtain a price from the Contractor to perform the work, and <br />notify Water District 125 of this price. Prices supplied for Water District 125 change orders <br />may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of <br />the 2008 WSDOT Standard Specifications. Water District 125 shall have two (2) business <br />days from receiving the price from the City within which to respond to the City. If Water <br />District 125 chooses not to accept the Contractor's price then this work shall only be <br />performed by Water District 125 according to a mutually agreed upon schedule with the <br />Contractor so as not to cause delay to the Contractor. <br />6. INDEMNIFICATION <br />A. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its <br />officers, officials, employees and agents harmless from any and all claims, injuries, <br />damages, losses or suits including all legal costs and attorney fees, arising out of or in <br />connection with the performance of the Party's work required under this Agreement, <br />except to the extent such injuries and damages are caused by the sole negligence or <br />willful misconduct of the other Party. Should a court of competent jurisdiction determine <br />that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth <br />herein shall be valid and enforceable only to the extent of each Party's negligence. These <br />claims may include delays caused by installing the District Work, delays caused by the <br />District providing materials, failure to remove, relocate or replace conflicting utilities in <br />accordance with the timelines established in this Agreement, or any other conflicts <br />between the Contractor and Water District 125. Water District 125 at its sole expense <br />shall have the right to defend any claims made by the Contractor relating to the District <br />Work if the District determines all or any part of the claim is not valid. The provisions of <br />this section shall survive the expiration or termination of this Agreement. <br />B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby <br />waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually <br />negotiated this waiver. <br />C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and <br />save Water District 125 and its elected and appointed officials, employees, agents and <br />volunteers harmless from any and all costs, claims, damages, judgments and liabilities <br />against the District caused by or relating to the Contractor's performance of the District <br />Work. <br />D. Safety. The City shall require the Contractor to be solely and completely responsible for <br />safety and safety conditions at the Project site, including the safety of all persons and <br />property during the performance of the Project Work. The Contractor shall be required to <br />comply with all applicable City, County and State rules, regulations, ordinances, orders <br />and codes regarding safety. <br />S \TIB Phase 2 &3 95- RW03 005 Design Review \Utility Coordination \3rd Party Coordination Agreements \TIB Ph2 &3 WD125 <br />Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 5 of 9 <br />