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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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 the Project. In the event that any provision of this Agreement conflicts with a term, condition or provision of the Franchise, this Agreement will govern to the extent necessary to resolve the conflict. 1.2 Scope of Project: Tukwila has contracted with KPG ("Consultant") to design street improvements for the Project that will include roadway widening/improvements to accommodate new sidewalks, sharrows, retaining walls, drainage improvements, street lighting, traffic control and other associated work. Consultant will also prepare the 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 the Project. 1.3 Cooperation: City Light and Tukwila agree to work 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 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, City Light 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 or obtain permanent easement rights for City Light on, over, under, across, 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. Easements obtained on behalf of or granted to City Light shall be in a form and with terms and conditions acceptable to City Light. 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 Conversion 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 City of Tukwila — 53rd Ave S Undergrounding Agreement Page 2 of 17 FINAL 21