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

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agrees that it will provide Tukwila with a written request for the acquisition of Additional Property beyond that identified during the design phase and as to each such Additional Property, shall provide the location, description, and size of property required to relocate the facilities and equipment. Upon acquisition by Tukwila, each Additional Property shall become a part of the public right -of -way and the use thereof for placement of City Light's facilities and equipment as part of its electrical distribution system shall be governed by the Franchise. To the extent that any Additional Property is not within a Tukwila Street Right -of -Way, Tukwila, at no cost to City Light, shall grant City Light permanent easement rights over and through such non - right -of -way Additional Properties for the installation, maintenance, operation, replacement, and reconstruction of City Light facilities, and reasonable access to said City Light facilities. 1.5 Notice to Contractors: Tukwila understands that relocation of overhead power lines to underground along a busy and highly developed urban highways and streets as exist in the Project Area is a complex process. A certain amount of field engineering is normal with a corresponding need to adjust design, schedules, and costs. Tukwila agrees to inform the bidders of these considerations. Tukwila and City Light will coordinate and cooperate to avoid unnecessary delays in the review and approval of change orders related to the Work made necessary to adjust design, schedules, and costs, and in furtherance thereof, will agree upon a process and time frame for review and approval of changes orders submitted by the contractor, Tukwila or City light. Notwithstanding any provision in this Agreement, the Franchise, PS &E or the City Light Civil Infrastructure Engineering Guidelines, City Light will have no independent authority to give direction to, or exercise control over, any of the City's contractors or subcontractors, or their agents or employees, or to independently approve changes orders, issue field directives, or alter approved Civil Infrastructure Plans and Specifications. 1.6 Delay: Tukwila and City Light will work cooperatively to bring the Work to completion on schedule and within budget and to avoid disruption or delay to the City's contractor and its subcontractors. The Parties will be responsive to schedule and cost concerns and will commit sufficient resources to support the Work and will work cooperatively to resolve any unanticipated design and construction issues related to the Work as they may develop. 1.6 Civil Infrastructure: Tukwila will include the Civil Infrastructure (as defined in Section 2) as a separate Schedule to its construction bid documents, a copy of which is attached hereto as Exhibit A, Schedule C. Tukwila will construct all City Light Civil Infrastructure and Private Property Civil Infrastructure. Underground Electrical System: City Light will perform the installation of its electrical facilities and equipment (Underground Electrical System as defined in Section 2) within the completed Civil Infrastructure. Tukwila shall, with the assistance of City Light, be responsible for coordinating with the private property owners for the portion of the Work to be performed on private property (the "Private Property Infrastructure Work "). (See also Section 6 Construction.) In the event that a private property owner refuses the undergrounding of their service or is otherwise delayed, City Light may, at the request of the City Tukwila, place a pole and route conduit to pole as necessary to maintain electric service to a City Light customer or customers. Such work shall be at Tukwila's request and expense. City of Tukwila - 42nd Ave S Phase III Undergrounding Agreement Page 3 of 17 40 FINAL