TIC 2017-07-25 Item 2E - Agreement - 42nd Avenue South Phase III with Seattle City Light

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6.3.2. City Light will coordinate with Tukwila and Tukwila's Contractor to schedule the removal of the connections to the Tukwila streetlights at a mutually convenient time and place. 6.3.3. Tukwila will, with the cooperation and assistance of City Light, coordinate the removal of the Third -Party facilities on the Aerial Electrical System to coincide with the removal of City Light overhead lines. City Light further agrees to cooperate with Tukwila in exercising any lawful authority that City Light may have to require such Third Parties to timely remove their facilities from the City Light and jointly -owned poles within the Conversion Area. Upon request by Tukwila, and to the extent legally permitted, City Light will provide Tukwila with copies of pole attachment agreements, if any, between the Third Parties and City Light, and any policies, procedures, rules, or regulations that are applicable to the exercise of such authority. 6.3.4. City Light will be responsible for removing poles solely owned by City Light and requesting removal of utility poles in joint ownership with a telecommunications or other service provider. The telecommunication or other service provider shall have primary responsibility for removal of the poles that are joint ownership poles per City Light records. In the event that a Third Party does not remove such j ointly- owned poles, and upon the request of Tukwila, City Light will remove the poles after all Third Parties have completed their wiring, service connections, and removed their lines and equipment from the poles. Tukwila agrees that this is not a project cost that is recoverable through City Light and will be done at Tukwila's expense or as may be allocated pursuant to agreements between Tukwila and other parties 6.3.5 SCL shall have the right to temporarily bypass any facilities that will be temporarily disconnected, relocated, or removed. 6.4 Inspection: 6.4.1 Tukwila agrees that the construction contract with the Contractor employed by Tukwila will require Contractors compliance with City Light requirements applicable pursuant to this Agreement and with the plans and specifications approved by City Light; provided however, that under no circumstance shall City Light or its employees, agents or contractors be responsible for or authorized to give direction to or direct work by the Contractor. 6.4.2 City Light shall be responsible for inspecting the Civil Infrastructure throughout the progress of the work performed by Tukwila's Contractor, to ensure that the Civil Infrastructure conforms to the approved plans and specifications and any amendments thereto and any other City Light standards made applicable pursuant to this Agreement. However, the foregoing shall in no way diminish the responsibility of Tukwila and Tukwila's Contractor or subcontractors to construct the Civil Infrastructure in accordance with the approved plans and specifications and any amendments thereto, as well as any other City Light standards made applicable pursuant to this Agreement. City Light agrees to provide sufficient staffing and City of Tukwila - 42 °d Ave S Phase III Undergrounding Agreement Page 12 of 17 FINAL ..