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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with the Project Schedule, City Light agrees to begin the Electrical Work within twenty (20) working days following its receipt of notice from Tukwila that the site is ready for such work to proceed and Civil Infrastructure has been accepted in writing by the City Light Inspector and City Light Project Manager ("Operational Acceptance"). In the event that the Electrical Work is delayed beyond the date set forth in the most current and approved Project Schedule, because Tukwila's Contractor has not completed the Civil Infrastructure, City Light agrees that it will begin the Electrical Work as soon as possible, but in no event more than thirty (30) working days after receiving notice from Tukwila that the Civil Infrastructure is complete and ready for City Light to proceed, and has been inspected and received written Operational Acceptance from City Light. Nothing herein shall prevent City Light and Tukwila from agreeing to a schedule for commencement of Electrical Work in phases prior to completion of all Civil Infrastructure Work. Section 2. Definitions The following terms are defined here as they are used in this Agreement: "Aerial Electrical System": The overhead electrical distribution system and service drops, including but not limited to cables, connections, terminations, transformers, switches, utility poles, and associated components. "Aerial Infrastructure Removal Project": The removal of the existing City Light Aerial Electrical System in the Conversion Area. "Bid Documents": Engineering design plans including those for Civil Infrastructure PS&E (definition stated below), Project specifications, bidder's forms, and certificates, bid contract documents, required contract provisions for Federal -Aid construction contracts if applicable, unit price bid schedule for all Schedules A-E. "City Light Civil Infrastructure Engineering Guidelines": The most current engineering guidelines, construction guidelines, materials standards, and engineering operations and practices adopted by City Light that govern the design, location, alignment, depth, materials, and engineering specifications determined by City Light in its sole discretion that apply to Civil Infrastructure associated with the Underground Electrical System. "Civil Infrastructure": Underground infrastructure necessary to contain and facilitate City Light's Underground Electrical System, including but not limited to conduit, ducts, duct banks, vaults, handholds, casing, and other non -energized electrical facilities, as described in Schedule C, SCL Electrical Ductbank. Civil Infrastructure does not include the Underground Electrical System. "Civil Infrastructure Plans, Specifications, and Estimates (PS&E)": Engineering design plans that include Civil Infrastructure work, Washington State Department of Transportation and Seattle City Light Standard Specifications and Details, and construction cost estimates. "Consultant": The City of Tukwila's consultant, KPG. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 4 of 17 FINAL