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5. CHANGES <br />After the City executes a contract with the Contractor, Valley View Sewer District shall <br />submit any changes requested to be performed by the City's Contractor to the City. The City <br />shall submit this to the Contractor; obtain a price from the Contractor to perform the work, <br />and notify Valley View Sewer District of this price. Prices supplied for Valley View Sewer <br />District change orders may be subject to determination by the Engineer in conformance with <br />subsection 1 -04.4 of the 2008 WSDOT Standard Specifications. Valley View Sewer District <br />shall have two (2) business days from receiving the price from the City within which to <br />respond to the City. If Valley View Sewer District chooses not to accept the Contractor's <br />price then this work shall only be performed by Valley View Sewer District according to a <br />mutually agreed upon schedule with the 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 Valley View Sewer District. The District, 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 Valley View Sewer District and its elected and appointed officials, employees, <br />agents and volunteers harmless from any and all costs, claims, damages, judgments and <br />liabilities against the District caused by or relating to the Contractor's performance of the <br />District 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 />SA T'S Phase 2&3 95- RWO3..005 Design Review\Utility Coordination.3rd Party Coordination Agreements\TIB Ph2 &3 ValView <br />Coordination Agreement 06- 19- 08.doc (Printed 6/19108) Page 5 of 9 <br />