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

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relocation and undergrounding of City Light's electrical facilities through a single general contractor; and WHEREAS, City Light acknowledges the Gilliam Creek 42"d Avenue S Surface Water Culvert project is a City of Tukwila stand -alone project which has been combined with the transportation improvement project solely for Tukwila's convenience and economy of scale; and WHEREAS, City Light and Tukwila intend for this Agreement to provide a process for cooperation and coordination in the design, estimating, scheduling, construction of through completion, and payment for, the electrical facilities undergrounding work in an efficient and cost - effective manner. NOW THEREFORE, in consideration of the mutual benefits to be provided the Parties through this Agreement, it is hereby agreed as follows: AGREEMENT Section 1. General Principles 1.1 Order of Precedence: This Agreement is intended to establish procedures and work guidelines for the relocation of certain City Light utility infrastructure necessitated by Tukwila's 42nd Ave. S. street improvement /transportation project from S. Southcenter Blvd. to S. 1601h Street. In the event that any provision of this Agreement conflicts with a term, condition or provision of the Franchise, the Agreement will govern to the extent necessary to resolve the conflict. 1.2 Scope of Project: Tukwila has contracted with CH2M HILL, Inc. "Consultant" to design street improvements on 42nd Avenue S from Southcenter Blvd to S 1601h Street (the "Project ") that will include roadway widening /improvements to accommodate new sidewalks, bicycle lanes, turning lanes, retaining walls, drainage improvements, street lighting, traffic control and culvert replacement and other associated work. Consultant will also prepare the infrastructure design Civil Infrastructure Plans, Specifications and Estimates for the Civil Infrastructure required to accommodate City Light facilities, as well the Private Property Infrastructure for the service connections on private property required for Project. 1.3 Cooperation: City Light and Tukwila agree to work together cooperatively in the process of design, estimating, scheduling and construction to bring the Work described in this agreement to completion in an efficient and timely manner. 1.4 Additional Right of Way Required: Tukwila intends to construct the Project within its existing right -of -way. However, it is anticipated that additional property will be necessary for placement of equipment and facilities to make the undergrounding of the aerial overhead utilities possible. Tukwila acknowledges that the acquisition of additional property by Tukwila will expedite the Project and provide access to City Light over the property to be acquired. Therefore, Tukwila agrees that it will be wholly responsible for the acquisition of such additional property that the Parties agree is necessary for use by City Light for its electrical distribution system (the "Additional Property "). City Light City of Tukwila - 42 "d Ave S Phase III Undergrounding Agreement Page 2 of 17 FINAL W