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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"Contractor": Selected contractor from Tukwila's Project bidding process. Selected contractor is responsible for all Project work, including but not limited to excavation, construction and all subcontracted work, except for the Electrical Work related to the Underground Electrical System. "Conversion Area": The 53rd Avenue S corridor in Tukwila, Washington from S 137th Street to S 144th Street, including parcels served by the electrical distribution system along this corridor. "Electrical Work": The installation of the Underground Electrical System within the completed Civil Infrastructure following Operational Acceptance by City Light. "Field Directive Change(s)": Design changes to agreed-upon "Work" as the result of field conditions. "Final Acceptance": The determination by City Light after all Schedule C work has been completed, including having all vault and hand hold lids brought to grade and completion of all punch list work related to the Civil Infrastructure, that the Civil Infrastructure is in conformance with the approved plans and specifications for the Project. Final Acceptance shall also be dependent upon the receipt and approval of as -built drawings for the Civil Infrastructure by City Light. Final Acceptance shall be in the form of a letter to Tukwila's City Engineer or another designated representative. "Operational Acceptance": The determination by City Light that the Civil Infrastructure is in material and substantial conformance with the approved plans and specifications for the Project and is ready for installation of the Underground Electrical System by City Light. "Primary Project Costs": All costs associated with the Project for providing the path for the utility infrastructure, including, but not limited to design, project management and construction management, trench and vault excavation and backfill, and repaving, resurfacing, installation and restoration of hard surfaces, including all labor, materials, tools, and equipment. Primary Project costs shall be the responsibility of Tukwila and not the responsibility of City Light. "Private Property Infrastructure": The underground infrastructure, including the service lines to be located on private property that is necessary for City Light to complete an underground service connection to the private property. Private Property Infrastructure is not the responsibility of City Light. "Private Property Infrastructure Work": The work that is necessary to design, construct and install the Private Property Infrastructure to enable City Light to complete the service connections at the "point of service termination point". Such work shall include any and all of the electrical underground work on each private property, including but not limited to: connections between the old overhead service at the weatherhead and the new underground cable, pulling the underground cable to a "point of service termination point" in the ROW or utility easement, and providing a secondary handhold at the point of service termination point. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 5 of 17 FINAL 24