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

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MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF SEATTLE AND CITY OF TUKWILA 42nd Avenue South Phase III (Southcenter Boulevard to South 160th Street) Aerial Overhead Electric Utility Relocation and Underground Installation Project This Memorandum of Agreement (the "Agreement ") between the City of Seattle, by and through its City Light Department ( "City Light "), a municipal corporation located at 700 Fifth Avenue, Suite 3200, PO Box 34023, Seattle, WA 98124, and the City of Tukwila, a municipal corporation with its offices located at 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188, (collectively the "Parties ") sets forth the terms and work guidelines for the design and construction of an underground electrical distribution system for 42 "d Avenue S. from Southcenter Boulevard to S. 160th Ave. in Tukwila, Washington, and a relocation of the existing overhead aerial system to the new underground system. WHEREAS, the Tukwila City Council has authorized the 42nd Avenue South Phase III (Project No. 99410303) improvement /transportation project in an area with mixed zoning, both high and low density residential; and WHEREAS, the Gilliam Creek 42nd Avenue South Surface Water Culvert Project (Project No. 99341208) to design and replace a failing 36 -inch surface water culvert was combined with the 42nd Avenue South Phase III transportation project for design and construction efficiency; and WHEREAS, Tukwila has determined that its street improvement project is a public project and will necessitate the relocation and new construction of City Light utility infrastructure located within the boundaries of the project; and WHEREAS, City Light currently maintains and operates its utility infrastructure within the public rights of way of Tukwila under a franchise grant given to City Light pursuant to City of Tukwila Ordinance No. 2012, dated January 21, 2003 ("Franchise"); and WHEREAS, City Light acknowledges and agrees that the terms and conditions of the Franchise govern City Light activities within the Public Rights -of -Way of Tukwila; and WHEREAS, City Light acknowledges that Tukwila has given notice to City Light and Third -Party users of the necessity to remove existing aerial utility infrastructure in Tukwila in conformance with the requirements of Section 6 of the Franchise; and WHEREAS, the Parties recognize that certain efficiencies and cost savings can be achieved by having Tukwila manage the work for the street improvements /transportation project and the City of Tukwila - 42 ❑d Ave S Phase III Undergrounding Agreement Page 1 of 17 38 FINAL