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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Civil Infrastructure and will repair or replace any damaged structure at their expense, unless such damage is caused by City Light. its contractors. or subcontractors. The Contractor or its subcontractors will continue to complete the duct bank punch list, and both Tukwila's Engineer and the City Light Inspector will continue to verify that the open items are being completed. In accordance with Section 4.3.3 of this Agreement, City Light will assume ownership and control of t h e Civil Infrastructure upon Final Acceptance. 6.7 Street Lighting and Signals: City Light and Tukwila will select service points for the Street Lighting System designed by Tukwila's Consultant. City Light will install wiring between its power source and the service points and make final connections to energize the systems. Tukwila's Contractor will provide temporary highway lighting as necessary during construction. 6.8 Environmental Site Conditions. In the event that the Contractor, in performing the Work, including but not limited to the Civil Infrastructure work, discovers any materials that require special removal, treatment, handling, transport and/or disposal under any local, state or federal laws or regulations (including, but not limited to hazardous materials, hazardous waste, dangerous waste, toxic waste or contaminated soil or groundwater), the costs for removal, treatment, handling, transporting and disposal of such materials shall not be part of the Civil Infrastructure Costs, and shall be the responsibility of Tukwila. However, City Light and Tukwila shall retain all rights they may have under applicable state and federal laws to recover costs that either may incur related to the existence of such hazardous materials, hazardous, dangerous, or toxic wastes, or contaminated soil or groundwater from any and all parties that may be responsible for such materials, wastes, or contamination discovered or uncovered during construction of the Civil Infrastructure. Section 7. Financial 7.1. Allocation of Project Cost: 7.1.1. City of Tukwila shall pay for 100% of the Primary Project Cost, 100% of the excavation and restoration costs, as well as 40% of the Civil Infrastructure and Underground Electrical System project costs. 7.1.2. City Light shall reimburse the City of Tukwila for 60% of the Civil Infrastructure and shall pay 60% of the Underground Electrical System project costs. 7.1.3. City Light will pay 100% of City Light's Project Management Costs. Tukwila will pay 100% o f Tukwila's Project Management Costs. 7.1.4. Private property owners will be responsible for providing the underground Private Property Infrastructure, subject to review and approval by City Light, that is needed to provide electrical service from the public right of way to the designated service point on the private property, and all costs related to installing and maintaining such Private Property Infrastructure. 7.1.5. The City of Tukwila will be responsible for providing the necessary funding for City of Tukwila — 53rd Ave S Undergrounding Agreement Page 13 of 17 32 FINAL