TIC 2018-05-14 Item 2D - Agreement - Memorandum of Agreement with Seattle City Light / City of Seattle for Underground Electrical Distribution System Cost Sharing (53rd Avenue South Project)

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6.4.1 Tukwila agrees that the construction contract with the Contractor selected by Tukwila will require Contractor's and all subcontractors compliance with City Light requirements 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 or its subcontractors. 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 resources to adequately and timely inspect the progress of work so as to conform to the work plan as updated at the weekly construction meetings as provided for in Section 4.3.2.1. City Light further agrees that the City Light Project Manager or designee will regularly attend the weekly construction meetings for the Project. In the event that City Light inspectors identify work or materials that are not in accordance with the approved plans and specifications, City Light shall immediately notify the Tukwila Construction Engineer and provide a detailed description of the non-conformance or defect in work or materials. Except in cases of a Force Majeure Event as defined in Section 4.10, any work not adequately and timely inspected by City Light will be considered to be accepted, provided that the work is in accordance with the work plan established in the weekly construction meeting. 6.5 Field Directive Change(s): Each party agrees to immediately notify the other party in writing of any potential field design revisions and/or changes affecting the other's facilities. All changes to the approved plans and specifications, and amendments thereto, that involve work related to the Underground Electrical System and/or Civil Infrastructure require notification and approval by and acknowledgement of both Parties. Any costs associated with work completed to the Underground Electrical System or Civil Infrastructure outside of the mutually approved plans and specifications and approved amendments thereto without City Light approval will be Tukwila's responsibility. All changes to the Underground Electrical System and/or the Civil Infrastructure not necessary for the Work approved by the City Light Project Manager or other authorized representative shall be reimbursable to Tukwila. If consensus cannot be reached, the matter shall be resolved in accordance with section 4.8. 6.6 Operational Acceptance. Tukwila's City Engineer or designated representative will be notified by City Light in writing of Operational Acceptance, with any exceptions, before City Light will commence installation of the Underground Electrical System. Following City Light's notification to Tukwila of Operational Acceptance for the Civil Infrastructure, City Light will then commence placement of cable along with the cutover of existing services. Tukwila and its Contractor will maintain physical ownership of the City of Tukwila — 53rd Ave S Undergrounding Agreement Page 12 of 17 FINAL