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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its portion of all Project costs. City Light's portion of the costs will be provided through its bi-annual budgeting process for capital projects as authorized by the Seattle City Council, and funding subject to approval by ordinance of the Seattle City Council. 7.2. Costs for Work: The estimated cost for the Civil Infrastructure Work related to this Agreement, as described in Schedule C is $688,039 ("Estimated Civil Costs"). The estimated cost for the Underground Electrical System work related to this Agreement, as described in Exhibit B is $741,000 ("Estimated Electrical Costs"). The total Civil Infrastructure and Underground Electrical System project costs portion of the Work is estimated to be $1,429,039. The Estimated Civil Costs are based on the City of Tukwila's awarded contract to SCI Infrastructure, LLC. (SCI) for the Project and is subject to change based upon final pay estimates and change orders. The Estimated Electrical Costs are based on estimated time and materials for the work and actual time and materials for the work will be billed. City Light will reimburse Tukwila for 60% of the Civil Infrastructure as listed in Schedule C, and Tukwila will reimburse 40% of the Underground Electrical System project costs to City Light. The actual costs charged to and payable b y City Light will be determined based on itemized consultant invoices and Payment Requests from the Contractor and City Light's Final Billing Package for actual work performed or completed. Tukwila and Seattle City Light will invoice per section 7.3 below. 7.3 Reimbursement of Civil Infrastructure Costs and Underground Electrical System Project costs: Tukwila and Seattle City Light will submit itemized invoices to each other with backup documentation no more frequently than monthly, which shall include relevant invoices and Payment Requests, for Project costs. Invoices shall be sent to: Seattle City Light Accounts Payable ATTN: Joe Hampton, LPM (SMT 34) PO Box 34023 Seattle, WA 98124-4023 City of Tukwila David Sorensen Public Works Department 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 7.4 City Light will process the monthly invoice and issue a check payable to Tukwila within sixty (60) calendar days of receiving the request. Tukwila will process the monthly invoice and issue a check payable to City Light within sixty (60) calendar days of receiving the request. Section 8. Indemnification and Hold Harmless 8.1 Notwithstanding the expiration or early termination of this Agreement, and to the extent authorized by law, Tukwila releases and shall defend, indemnify and hold City Light harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to reasonable attorney fees) caused by or arising out of any negligent act or omission or willful misconduct of Tukwila, its employees, contractors or subcontractors in their performance under this Agreement. During the performance of such activities, Tukwila's employees or contractors shall at all times remain employees or contractors, respectively, of Tukwila. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 14 of 17 FINAL 33