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20170203132817.pdf�.JTY OF EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 N i PHONE: (425) 771-0220 - FAX: (425) 771-0221 *PERMIT MUST BE POSTED ON JOBSITE* STATUS: ISSUED ENG20170029 I RIGHT OF WAY PERMtT (5-City Project) Permit Number: ENG20170029 Expiration Date: l 1 /01 /2017 Job Address: 121 5TH AVE N, EDMONDS Location: 76th Ave W. & 212th St. SW„ JAPPLK ' -ANT CONTRACTOR SNOHOMISH COUNTY PUD SNOHOMISH COUNTY PUD C/O RICHARD DUMO C/O RICHARD DUMO P.O. BOX 1107 P:.O, BOX 1107 EVERETT, WA 98206 EVERETT, WA 98206 (425)670-3216 LICENSE #: UBI:313 005 741 EXP'i • City of Edmonds driven project - 76th Ave W. & 212th St SW. Intersection Improvements Project# E1CA/C368. Convert ebsting Overhead electrical lines to Underground for the City of Edmonds street corner widening project. Work will include tree removal work, trenching and excavation, electrical work both overhead and underground. - Construction to be in accordance with the executed Interlocal Agreement for the 76th Ave W. & 212th St. SW intersection improvement project executed November 18, 2015 (attached). ASSESSED VALUE: SIDEWALK: (OXO ) PARKING: ( OXO ) ALLEY: (' OXO ) 10 PROPERTY AREAo DURATION IN MONTHS 0 FEE: $0,00 FEE: $0,00 FEE: ;ail 00 DURATION IN MONTHS: 0 DURATION IN MONTHS: 0 STREET DISRUPTION TRENCH CUT: ( 0 X 0 ) YEAR OF OVERLAY: 0 FEE: $0,00 INDEMNITY The Applicant has signed an application which states he/she holds the City of Edmonds harmless from injuries, damages or claims ofany kind or description whatsoever, foreseen or unforeseen, that may be made against the City of Edmonds or any ofils departments or employees, including but not limited to the defense ofany legal proceedings including defense costs and attorney fees by reason ofgranting this permit. THECONTRACTOR IS RESPONSIBLEFOR WORKMANSHIPAND MATERIALS FOR A PERIOD OFONEYEAR FOLLOWING THEFINAL INSPECTION AND ACCEPTANCE O F THE W ORK • Traffic Control and public safety shall be in accordance with City regulations as required by the City Engineer. Every flagger must be trained as required by (WAC) 296-155-305 and must have certification verifying completion of the required training in their possesion. • Restoration is to be in accordance with City codes. All street -cut trench work shall be patched with asphalt or City approved material prior to the end of the workday -NO EXCEPTIONS. • Three sets of construction drawings of proposed work are required with the permit application. CALL DIALGA-DIG (1-800-424-5555) BEFORE ANY EXCAVATION CALL FOR INSPECTION (425) 771-0220 EXT.1326 24 HOUR NOTICERF".1)UIRED FOR ALL INSPECTION Rt^QUESTS THIS APPLICATION IS NOTA PERMITUNTTL SIGNED BY THE CITY ENGINEER OR HIS/HER DEPUTY: AND FEES ARE PAID, AND RECEIPTIS ACKNOWLEDGED IN SPACE PROVIDED, Printed: Fridav,, February 03, 2011 [AFILE COPY INSPECTOR COPY ❑ APPLICANT COPY 1/ 7 STATUS: ISSUED ENG20170029 * Restore ROW to City standards * Restore Landscape to like or better conditions. * Call for locates of underground utilities prior to any excavation. Alert affected residents and/or businesses prior to work start. • Conform to approved working drawings and Traffic Control plan. • Public utilities maintain 5' separation from City Utilities. • Utility patch restoration to be in accordance with Edmonds Standard detail E2.3 • Maintain erosion & sedimentation control. Keep street clean. • Call for required inspections as noted. • Traffic Control per approved plan and MUTCD. Refer to City of Edmonds traffic control requirements. • Work within the signalized intersection shall be controlled by a uniformed Edmonds Police Officer only. • To request an officer, contact Ken Crystall at (360) 739-2897, 10 days prior to start of work. • Contact Darren Browning at (425) 771-0235, to set the intersection signals on flash, for work to be performed or confirm with Edmonds police officer they will have access to signal box • Safe pedestrian access meeting ADA compliance shall be maintained at all times. • Construction shall be in accordance with the executed Interlocal Agreement for the 76th Ave W. & 212th St. SW intersection improvements project for the City of Edmonds. « Need to contact the city's Project Manager Jaime Hawkins (425) 754-4106 for daily work progress. 4, Applicant shall repair/replace all damage to utilities or frontage improvements in City right-of-way per City standards that is caused by or occurs during the permitted project. • Sound/Noise originating from temporary construction sites as a result of construction activity are exempt from the noise limits of ECC Chapter 5.30 only during the hours of 7:00amto 6:00pm on weekdays and 10:00am and 6:00pm on Saturdays, excluding Sundays and Federal Holidays. At all other times the noise originating from construction sites/activities must comply with the noise limits of Chapter 5.30, unless a variance has been granted pursuant to ECC 5.30.120. Works horns 8arrr3pm Monday -Friday. 0 Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold harmless the City of Edmonds, Washington, its officials, employees, and agents from any and all claims for damages of whatever nature, arising directly or indirectly from the issuance ofthis permit. Issuance of this permit shall not be deemed to modify, waive or reduce any requirements of any City ordinance nor limit in any way the City's ability to enforce any ordinance provision. • E-Traffic Control • E-Engineering Final PARTIAL INSPECTION DATE: INITIAL: NOTES: PARTIAL INSPECTION DATE: INITIAL: NOTES:: FINAL INSPECTION APPROVED DATE: INITIAL: • ���P1111(1�= "1r������. 33 M 210,17DEV , 1id.�� ,.. 05,�A ROW PERMIT NO.: ENG l..Q�DGViV....C�l B�r.ISSUE DATE: RIGHT-OF-WAY CONSTRUCTION PERMIT APPLICATION PROJECT NAME: 76tht & 212th Improvements CONTRACTOR: PUD Crews Mailing Address: 1802 75th St. SW, Po Box 1107 State License #: City Business License #: CONTACT: Richard Dumo Phone #: 425-783-5110 Fax #: Email #: rsdumo@snopud.com ❑ Liability Insurance ❑ Bonded ADDRESS OR INTERSECTION OF CONSTRUCTION: 76th & 212th, Edmonds WA 98020 14g4_8 t � 1 ROW WORK ASSOCIATED WITH THE FOLLOWING TYPE OF PROJECT: F] Commercial 0 Subdivision K City Project ❑ Traffic Control (Only) r ' ❑ Multi -Family ❑ Single Family ❑ Other C/C14 I C 3 & g X❑ EUC (PUD, VERIZON, PSE, COMCAST, OVWSD): Is this permit part of a blanket permit? ❑ Yes ❑ No ANY ASSOCIATED PERMITS? BLD# ENG# DESCRIPTION OF PROPOSED WORK (Be Specific) : Convert existing Overhead electrical lines to Underground for the City of Edmond's street corner widening project. Work will include tree removal work, trenching and excavation, electrical work both overhead and underground. Citv will waive Dermit and insvection fees Der Interlocal Agreement and issue Dermit within 2 weeks after application. ....... ......... ........ ___ ..... WAS STREET OVERLAYED WITHIN THE LAST FIVE 5) YEARS? YES NO Year: PAVEMENT CUT: ❑ Yes ® No If yes, indicate size of cut: x, CONCRETE CUT: ❑ Yes x❑ No If yes, indicate size of cut: x, Note: City of Edmonds' contractor will be responsible for trenching and dirt work. RIGHT-OF-WAY DURATION AREA TOTAL CLOSURE (NUMBER OF MONTHS) Sidewalk 48 Hrs + ........................................Alley LF X LFEaileSF 6-8 mo. proj, 2-8 hrs. closure 72 Hrs + LF X LFSF 6-8 mo. proj, 2-8 hrs. closure ...Parking72 Hrs + LF X LFSF 6-8 mo. proj, 2-8 hrs. closure City of Edmonds Contact Engineer: Bertrand Hauss (425-771-0220 ext. 1328). APPLICANT TO READ AND SIGN *Traffic control and public safety shall be in accordance with City regulations as required by the City Engineer. Every flagger must be trained as required by (WAC) 296-155-305 and must have certification verifying completion of the required training in their possession. *Restoration is to be in accordance with City codes and Standards. All street -cut trench work shall be patched with asphalt or City approved material prior to the end of the workday — NO EXCEPTIONS. Indemnity. The Applicant has signed an application which states he/she hold the City of Edmonds harmless from injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the City of Edmonds or any of its departments or employees, including defense costs and attorney fees by reason of granting this permit. I have read the above statements and understand the permit requirements and acknowledge that I must follow all requirements in order for they permit to be valid. SIGNATURE �' Team'& DATE 1 /24/2017 Contractor or Agent NO WORK SHALL BEGIN PRIOR TO PERMIT ISSUANCE /ROAD W20-1 � WORK "'', AHEAD l 4 U /BE � q W3-4 � PREPARED °7 ,TO STOPS/'� m W20-7A E Q C B A ROAD r WORK 1 AHEAD f PREPARED TO STOP N N 1 J L,i D �t�3m ¢TYnfiV H Y r rrhpr+d fw PUBLIC UTILITY DISTRICT NO . _______-_________.,, I PROJECT __STREET INTERS LOCATION 76TH AVE W � ENGINEER RICHARD DUMO PHONE 425-783-5110 LANE CLOSURE ON A 4 LANE ROAD (NO FLAGGER, TRAFFIC SELF-REGULATING, 35 MPH OR LESS) LLJ > Q I- EDMONDS POLICE OFFICER EDMONDS WOODWAY HIGH SCHOOL I Q M O O N 3 i PREPARED M _. STOP ✓„ +.�^ "^ ✓'" /° ROAD ;1 ^., WORK 1 AHEAD ++ ++ 7 � 7 212TH ST SW ---------------------------------------- 8v a.... ........_______________________w 1 *EDMONDS POLICE OFFICER REQUIRED �I WITH WORK WITHIN THE INTERSECTION C[ L� BUFFER BURGER 50' TAPER KING 'MIW 100 MAX EMT � �' R� M �"Al i.�� ,.'." ."'4W2C) a+'A �....._........................._ SIGN a ° "" SPEED SPACING BUFFER sv W4-2 LIMIT A B C (FT) (FT) m ! 5 200 55 30 200 85 TO 5 TOP s� P W3-4 35 350 120 PREPARED "'" 40 350 170 ROAD ., _. ,,. WORK AHEAD,,/ ,)"W20-1 45 500 220 50 500 280 ...... 55 500 335 Re TRAFFIC CONTROL PLAN TION IVPROVEVENT PROJECT .................... 12TH ST SW, EDMOND . WA 98020 ORDER DATE 1._ 25 2017 . 1°00000933 30 390398_- CELLULAR 425-346-8846 LANE CLOSURE ON A 4 L.ANE ROAD (NO FLAGGER, TRAFFIC SELF -RE CU L. At ING, 35 MPH OR LESS) W2(1 I HOW < WORK > 4�1 �l (32 0 - 2 ROAD wolm( ................. 0,20 2 ROAD wolm( \/ ""I ROAD RDAD WINK W20 I MCC A 212TH ST SW TCP 1 I N NORTH *NO WORK WITHIN THE INTERSECTION BURGIFIR KING wnca ---------- G20- 2 I 0'P � I R I API N '�O' MIN 100' MAX < W4 2 LLJ IT"I RICH,' W2, ')I? ROAD W20-1 Qo Awaimi [I: AD Fli ioiNi: /1 -_'�J 51M ....... ...... .................. ­­­­­ CLILLAR. AR 425--l_Y)/16 8846 .............. ��IGN ,I'ACING I VH I Ali,C (I T} 25 200 55 30 . . ...... 200 ................. . . . . . . . . . . . . . . . . 8,5 '5 '550 120 40 ... ......... ... 4 5 500 ---- -- 220 -- ----- -- — 500 ........... 280 LANE CLOSURE ON A 4 LANE ROAD (NO FLAGGER, TRAFFIC SELF—REGULATING,35 MPH OR LESS) AD W20-1 a WORK ;r � AHEAD ✓f W� W Q F_ GD G20-2 END M, RDAD WORK � F "A RDAD WORK AHEAD ,r W20-1 rM � G 2 0 — 2 RDAD \ WOR f PHONE 425-783-5110 CELLULAR 425-346-8846 �r s r° RflAp G 2 0 — 2 ""4„„ Yu1PIi44 fir+ EDMONDS WOODWAY HIGH SCHOOL ::A BUFFER TAPER TAPER --50' MIN 100' MAX /"',,, W20-1 A ROAD 4WORK Z „w � �.. dHFAHFdD ..BUFFER M TAPER 8 50' MIN ✓,, 100' MAX ENO �p ,✓ f° ROAD w"�y Q „✓ WORK.+' s I W4-2 G20-2 RIGHT i a W20-5R ENDS T s 'auA; wtU, W20-1 aaui TCP 2 SPEED SIGN SPACING BUFFER LIMIT A B C (FT) (FT) 55 30 200 85 35 .. 350 120 40 350 1-- 45 500 220 50 500 .. .. _. 280 ... 55...... 500 335 LANE CLOSURE ON A 4 LANE ROAD TCP 3 (NO FLAGGER, TRAFFIC SELF-REGULATING, 35 MPH OR LESS) END s ROAD G20-2 WORK /ROAD e� W20-1 I` WORK Y �I N NORTH SEND "�` G20-2 ' wM ROAD i o EDMONDS WOODWAY o HIGH SCHOOL --BUFFER TAPER 50' MIN 100' MAX .M1 W4-2 RIGHT LANE W20-5R ENDS ROAD 1, i .......... WORK � W20-1 AHEAD IR ao op TRAFFIC CONTROL PLAN �, 74tllIG C�. o,Uf PL�fS' 6N IfY�{`1_ PROJECT S..TREFT INTERSECTION IMPROVEMENT PROJECT -------- LOCATION 76TH AVF W @ 212TH ST SW, EDMONDS WA 98020 ENGINEER RICHARD DUMO DATE 1 25 „2017----------------- WO NO 100000933 30, 390398 60 PHONE 425-783-5110 PAGER/ CELLULAR 425-346-8846 LANE CLOSURE ON A 4 LANE ROAD TCP 4 (NO FLAGGFR, TRAFFIC SELF-REGULATING, 35 MPH OR LESS) OAD R W20-1 l WORK AHEAD , z O x Mir 0 � END """., C20-2 WORK ........ SPEED SIGN SPACING BUFFER(FT) LIMIT -.-. ------- ........... AT.�. ...._ 25 2 0 0 5 5 30 ............... 200 ......._ . 85 35 350 T 120 BUFFER TAPER --50' MIN 100' MAX > W 4 - 2 m RIGHT T„ LANE. W20-5R ENDS C� END C20-2 ROAD s d ROAD W20-1 H WORK , iWORKAD C1P Gf7h✓i 0% c dd �J7��� v 9 ENGINEER RICHARD DUMO DATE J 25 2017 M. wo No 100000933 30, 390398 60 PHONE 425-783-5110 PAGER/ CELLULAR 425-346-8846 LANE CLOSURE ON A 4 LANE ROAD (NO FLAGGER, TRAFFIC SELF-REGULATING, 35 MPH OR LESS) ,ROAD W 2 0 — 1 WORK AHEAD N NORTH 9w TCP 5 END G20-2 WOAD SPEED SIGN SPACING BUFFER LIMIT A, B (FT) (FT) 25 200 55 30 200 85 35 350 120 ROMEO'S PIZZA BUFFER TAPER 50' MIN 100' MAX Q i W4-2 RIGHT LANE "I W20-5R ENDS RAD " E NO T U I,/ ROAD G 2 O— 2 WORK i i & WORK — "�., WORK �,:,^'^^.,„^ ) W 2 O 1 AHEAD ._.....�,...._ _........................................ . ",hl C,ub&4y�P^I P) L.tkpJ N'b Y4, TRAFFIC CONTROL PLAN 1:PUEEM TR� �� ..... ... .......... PROJECT ,STREET INTERSECTION ---_IMPROVEMENT PROJECT ____----- LOCATION 76TH AVE W.. @ 2121H ST_ SW EDMONDS WA ...98020 ENGINEER RICHARD DUMO DATE ...1 25 2017 WO NO 1OQQ0993-30, 390398 60 PHONE 425-783-5110 11 PAGER/ CELLULAR 425-346-8846 -- -- --------- - --- - --------------- - ----------------- ...... - ------- -- ----- . . ........... .. e....................... Oil .................. - ------ - - ----- Ai� zz C"i . . . . . . . . . . . .. . . .... .. ............................. ... .. . . M AV H19Z . . . ............................ . . . . . L... ......... Nv el) (fl ............. ...... .F ......... ............. pp pew ............. kA ------ - ------ - - - ---------- ...... ---- -------------------------- - - - - - - - - ------------ - - - - - - - - - - - - ------------------------ ............... . . . ............... . . ........ ... .. .. .. . December 2000 Figure 6H-2& Sidewalk Detour or Diversion (TA-28) a39010 MWM31MG SIDEWALK CLOSED �SIDEWAUt CLOSED gROBS HERE AHEAD (optional) Typical Applical Note: See Tables 6H-2 and 61-1-3 for the meaning of the symbols and/or letter codes used in this figure. Page 6H-61 it� I P , '11D 80wip3d Sed. 611.0 [ December 2000 Page 614-63 Figure 61.1-29. Crosswalk Closures and Pedestrian Detours (TA-29) it I — Typical Application 29 (optional) �ot3 e� MM &3 in Temporary + marking for crosswalk lines . (cross -hatching optional) w W o W, x ti 4 p 0 SIDE CLOSEDK --­­'] SIDEWALK CLOSED MIFAD CROSS HERE ROAD _... O RK (optional) See Tables 6H-2 and FZWA for the meaning of the symbols and/or letter codes used in this figure. Sect. 6H.01 INwITERLOCAL AGREEMENT BETWEEN PUBLIC UTILITY DISTR Er NO. 1 OF S NQ1:1OMISH COUNTY AND TIME CITY OF EDMONIK GOVI+MINING THE 6TrfAVE. WAT212THST. SW INTERSECTIONIMPROVEMENTS PROJECT This INTERLOCAL AGREEMENT (the "Agreement"), is made and entered intc pursuant to chapter 39.34 RCW by and between the Public Utility District No. 1 of Snohomish County, a Washington municipal corporation (the "District"), and the City of Edmonds, a Washington nit nicipal corporation (the "City''), together the "Parties,'" to coordinate the undergrousiding of utilities for the City's 7e .4va W at 212'h St. SW Intersection Improvements project. RECITALS A. The City is close to completing the design of the 76rh Ave. W at 212`r' St. SW Intersection Improvements project ("Project"), at the intersection of 761h Ave. W and 212a' St. SW, Edmonds, Washington. The intersection improvements include roadway widening for the addition of left turn, right turn, and/or bike lanes for all movements and traffic signal operation improvements in order to reduce intersection delay and improve vehicle and non -motorized transportation safety. B. As part of the Project, the City requires the utilities present at the intersection to replace their existing overhead systems with underground systems. C. To facilitate the conversion of the existing overhead systems, the City will install an underground conduit and vault system, and will construct joint trenches to accommodate the District, Frontier, Comcast, Astound Broadband, and WSDOT / City utility lines. In the joint trenches, the City will place all required conduits and vaults to accommodate the District facilities. D. The District will install the conductors and equipment for its new underground system. The District will also cut -over and transfer its existing customers to the new underground system and remove its overhead systems within the Project. E. In exchange for the Services provided by the District, the City shall pay the District the costs to design the conversions of the District's overhead system to an underground system. The City shall also pay the District costs to complete the conversion of its overhead system to an underground system. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the District and the City agree as follows: 1 Re uirernents of Interlocal Cooperation Act 1.1 Authorit ILor Agrcenr nt. This Agreement is authorized by and entered into pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. 1.2 11tirp se ofA ,aeenient. The purpse and intent of'this Agreement is to facilitate planning, designing„ constructing an(] coordinating the City of Edmonds' 76`h Avt,,: W of , 12"' Si. SW Intersection Improvements project. This Agreement establishes the City as the entity primarily responsible for all aspects of the Project planning, design, and construction. 1.3 No SSe tg I uttt ilk. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 1.4 Owne shirr of Pwoerty. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with the performance of this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 1.5 Adininistuator.s. Each party to this Agreement shall designate an individual (an "Administrator"), which may be designated by title or position, to oversee and administer such party's participation in this Agreement. The Parties' initial Administrators shall be the following individuals: District's Initial Administrator: Mr. Richard Dumo Project. Faigineer 1802 75"' St. SW Everett, WA 98206 City's Initial Administrator: Mr. Bertrand Hauss Transportation Engineer 121 5t Ave. N Edmonds, WA 98020 Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. 2. Effective Date and Duration This Agreement shall take effect when it has (i) been duly executed by both Parties, and (ii) as provided by RCW 39.34.040, either filed with the County Auditor or posted on the City's Interlocal Agreements website. This Agreement shall remain in effect until all obligations of the Parties are discharged, unless earlier terminated pursuant to the provisions of Section 11 of this Agreement. 3. General Provisions The Parties agree to the following general provisions: 3.1 Record l etetttioii. Each party following completion of the Project shall maintain accurate records related to the Project for a period equal to the minimum required pursuant to either state or federal requirements, whichever is applicable. 3.2 h"de "de Coglra tor. The City will perform all work under this Agreement as an independent contractor and not as an agent, employee, or servant of the District. The City has the express right to direct and control the City's activities in providing the agreed work in accordance with the specifications set out in this Agreement. The District shall only have the right to ensure performance. 3.3 Sub -Contracting. Each Party may, in its sole discretion, hire one or more contractors and/or sub -contractors to perform some or all of its respective Services. 3.4 Cost Allocation. A. Desi an! [Ilia c,. The City shall pay the District all actual costs (time and material) to design the conversion of District's overhead system to an underground system. The District shall provide written notification to the City if additional design costs, in excess of the estimate provided in section 5.1(A)i, are necessary to complete District's design phase. The written notification shall specify the additional amount required and justification for District's increased cost. B. onstt®tiction Pliase. The City shall pay the District all actual costs (time and material) to complete the conversion of District's overhead system to an underground system in accordance with District's cost estimate provided in section 5.1(G). The District shall provide written notification to the City if additional construction costs, in excess of District's estimate provided per section 5.1(G) are necessary to complete District's construction phase. The written notification shall specify the additional amount required and justification for District's increased cost. 3.5 Additional Costs 01 Coilvactor. The District shall pay the City for additional costs (time and material) incurred in constructing the joint trench if requested by the District or if directly attributable to errors in the District's design, as provided in this section. A. Changes to the joint trench requested by the District shall be submitted to the City prior to the start of construction of the joint trench. The City shall submit the change request to the City's contractor to obtain a price to perform the work, and will notify the District of this price. Upon receipt, the District shall have 48 hours to review the pricing and authorize the work or withdraw the change request. B. If the City determines that additional work in constructing the joint trench is necessary and is directly attributable to errors in the District's design, the City shall submit a change request to the City's Contractor to obtain a price to perform the work, and notify District of this price. Upon receipt, the District shall have 48 hours to review the pricing and authorize or dispute the change request prior to the City commencing the additional work. 3 4. City Responsibilities 4.1 Plans and�)ecilicatiogs: The approved and sealed plans and specifications will be completed and provided to the District prior to the City advertising the Project for construction bids. . 4.2 Design phase: A. Prior to the District starting work under this agreement, City shall provide the District with the following information: i. A written scope of work and the limits of the underground conversion work. ii. The project schedule showing the completion of final designs, advertisement for construction bids and approximate start date for construction. iii. The electronic drawings for the base map, utilities, and City improvements. B. The City shall issue the District a written notice to proceed to begin the design of the District's underground conversion of overhead utilities. C. The City shall conduct an initial meeting with the utility companies to discuss scope of work, design details and project schedule for completing the design phase. D. The City will incorporate the District's design plans into the City's 90% plans and specifications and prepare a Joint Utility Trench Plan for the utility underground conversion. The 90% designs will be provided to the District for review and comment. E. The City will conduct a design review meeting with the utility companies to discuss conflicts and changes identified in the 90% plans. F. The City will incorporate the District's comments on the 90% plans and finalize the plans, specifications and Joint Utility Trench Plan. G. The City will provide the District with a copy of the final plans, specifications and Joint Utility Trench Plan for the project. 4.3 Construction Phase: The City Contractor shall: A. Provide at the Preconstruction Meeting a schedule to complete the construction of the joint trench in accordance with the Project Contract Documents. 4 B. Furnish and provide the District vaults and conduits per the District's construction and materials standards and as specified in the Project Contract Documents. C. Provide all necessary excavation, trenching backfill and restoration for installing District's conduit and vault system. All conduit and vault installations shall be inspected by the District's inspector per section 5.2(D) prior to backfill. D. Proof all ducts in accordance with District standards and specifications. "Proof' as used herein is defined as verification using a mandrel that the duct system is clear and free of damage, installed to the proper grade and to the proper locations and contain pulling lines. Conduit proofing shall be performed in the presence of the District inspector, engineer, or other approved District representative. The City Administration shall; A. Facilitate weekly (or as otherwise agreed by the City and District) construction coordination meetings that include the City's Project Contractor and all relevant parties participating in the joint trench. B. Issue the District a right-of-way permit within two (2) weeks of the District submitting a complete permit application (including any supporting documentation reasonably required by the City). The City shall waive the permit and inspection fees. C. Provide the District not less than two (2) working days' notice to inspect: (a) the requested area of the joint trench for placement of their vaults and conduits and (b) the vaults and conduits. D. Whenever any utility pole(s) are required to be temporarily supported due to excavation in proximity to such poles, the City will coordinate with the District to provide such support a minimum of two (2) working days prior to the date of work. The scheduling of District labor for the pole holds will be limited to the District's regular business hours. E. Provide the District with a bill of sale for all facilities installed by the City that will become part of the District's electrical system. The format for the bill of sale will be coordinated with the District and shall be submitted within forty (40) working days of the District's acceptance of the completed of installation as set forth in section 5.2(D). 5. District Responsibilities 5.1 Desipan 1lias. 61 A. The District shall provide the City with the following information within ten (10) working days of receiving the City's scope of work, as specified in section 4.2(A)i: i. A design cost estimate for the District's cost to design the plans and specifications to convert the District's overhead utility system to an underground system. The District's cost estimate shall be detailed and be a good faith estimate of the cost to perform the design work. The cost estimate shall reflect a deduction for the District's design cost to complete an aerial to aerial relocation. ii. Confirm any additional property rights that are needed to complete the District's conversion of its overhead utility system to an underground system. B. The District shall attend the City's initial design meeting as referenced in section 4.2(C). C. Upon receiving the City's written notice to proceed, the District shall complete the design of its conversion of overhead utilities to an underground system within forty (40) working days. The District shall provide it electronic designs, specifications and preliminary cost estimate to the City. D. The District shall review the City's 90% plans, specifications and Joint Utility Trench Plan and provide comments to the City within ten (10) working days of receipt of the same. E. The District shall attend the City's 90% design review meeting as referenced in section 4.2(E). F. The District shall make reasonable efforts to review the City's final plans, specifications and Joint Utility Trench Plan within ten (10) working days of receipt, and notify the City in writing if revisions to the final plans, specifications or Joint Utility Trench Plan are needed. G. The District shall provide a construction cost estimate for the District's cost to complete the conversion of overhead utilities to an underground system. The cost estimate shall be detailed and reflect a deduction for the District's construction cost to complete an aerial to aerial relocation. The District's construction cost estimate shall include, but not be limited to the following work: i. inspect the installation of all vault and conduit installation work by a PUD inspector; (contractor installed); ii. furnish and install all cables, conductors and electrical equipment for the conversion to underground, and for the removal of other equipment no longer needed; iii. perform cut -over and transfer of existing customers and facilities to the new underground system where applicable; and 11 iv. remove that portion of the overhead electrical system superseded by the new underground system. This includes removal of associated poles except those locations where the poles are still occupied by other utilities. (Removal of poles is the responsibility of the last utility to transfer from the pole.) H. The District shall provide the City with the estimated number of working days to complete the installation of cables, conductors and remove District's overhead system. The District shall attend additional City Utility coordination meetings, as necessary, to resolve all remaining design conflicts, issues and changes. 5.2 Construction Phase. The District shall maintain continued coordination with the City's Contractor regarding installation of the District's facilities. This coordination shall include, but not be limited, to the following: A. The District shall attend the Preconstruction Meeting. B. Subject to the schedule rcgLii,red in the City's Bid and Contract Document Specifications for 76ilt at 212"' Intersection Improvements pi-opect„ the City's Contractor shall prepare a schedule of work in accordance with the plans and specifications for City review. The District shall review and provide comments within ten (10) working days of receipt. If the District does not provide the City with comments within ten (10) working days, the schedule shall be considered accepted by the District. The District shall complete its work in accordance with the City's Contractor's schedule. The District will not be held liable for any delays in the schedule created by the City's Contractor or another utility's delay. C. The District will provide an inspector on -site, on two (2) working days' notice, to inspect the installation of all vault and conduit installation work. The District will not provide a daily on -site inspector, but will within two (2) working days' notice provide an inspector to inspect the requested area of the joint trench for the placement of their vaults and conduits. The District's inspector shall not direct the City's Contractor in any manner; the District inspector shall communicate all requirements and requests to the City's inspector. D. The District shall, within ten (10) working days after receipt of written notification of completion of installation of the District's conduit and vault, issue written notification of any deficiencies or issue written notification of acceptance. The City's Contractor will correct the deficiencies upon approval by the City of the requested work. If, after the ten (10) working day period, notification has not been received by City, then the District conduit and vault system shall be considered complete and accepted by the District. 7 E. Once all sections of vault and conduit installation are completed by the City and accepted by the District, the City shall issue a Notice to Proceed to the District to commence installation of the conductors and equipment. The District or its contractor's crews may need to accommodate another utility that is trying to work in the same area. The District, or its contractor, will complete installation of the conductors and equipment in accordance with the approved schedule referenced in Section 5.2(B); provided that reasonable access to the project is given by the City's Contractor or a subcontractor in the area where the City is requesting the District to begin work. The District shall notify the City in writing when the new underground system is energized. The District will coordinate its conductor and equipment installation such that the District, or its contractor, will install as much of this equipment as possible prior to completion of the entire vault and conduit system by the City's Contractor. The District will be responsible for plant installation and wreck -out work associated with the undergrounding. This work shall include but not be limited to furnishing and installing all cables, conductors and electrical equipment for the conversion to underground, and for the removal of other equipment no longer needed. F. The District, or its contractor, will perform cut -over and transfer of existing customers and facilities to the new underground system where applicable. The District or its contractor will notify such customers 48 hours in advance of the pending outage. G. Once transfer of existing customers and facilities to the new underground system is complete, the District, or its contractor, will remove all overhead systems in accordance with the approved schedule referenced in Section 5.2(B). Utility poles with other utility provider's overhead systems will be stripped, topped and abandoned to the remaining utilities. H. The District will provide the Certification of Materials Origin (CMO), guaranteeing that all their products containing steel or iron (incorporated into the project) will meet all "Buy America" provisions (23 CFR 635.410, 23 USC 313). This provision applies to all products manufactured predominately of steel and iron, if the product consists of at least 90% steel or iron content when it is delivered to the jobsite for installation. The 90% is a percentage of the total monetary value of the manufactured product. I. Temporary support (holding) of District Utility Poles: The need to temporarily support such poles (due to excavation in their proximity) shall be verified by District, and if required, such support shall be provided by the District during the District's regular business hours. J. The District shall maintain any utility facilities constructed under this Agreement from the date of acceptance of the facilities by the District. The cost of any future improvements and / or maintenance, repairs, or corrections to any utility facilities 8 covered under the terms of this Agreement shall be the exclusive responsibility of the District in accordance with this Agreement. 5.3 Traffic Con Rt,r 1, The District will provide traffic control and flaggers for installation of new underground conductor and devices along with overhead construction and removal when required. The District will coordinate its traffic control with other utilities, the City's Contractor and the City. In the event that lane closures are necessary for performance of work, the District shall be limited to working between the hours of 8AM to 3PM (excluding weekends and holidays) by keeping at least one lane open for flagger operation. Traffic control plans must be approved ten (10) working days in advance by the City before implementation by the District. 6. Indemn ticatioij and Hold I3arinless 6.1 District's lndeninifi atiola of City. The District shall indemnify, defend and hold harmless the City, its officers, appointed and elected officials, employees and agents, from and against all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and reasonable attorneys' fees in defense thereof, for injury, sickness, liability or death to persons or damage to property or business, caused by or arising out of negligent or intentional acts, errors or omissions of the District, its officers, officials, employees and/or agents in the performance of this Agreement; provided, that in the event of the concurrent negligence of the Parties, the District's obligations hereunder shall apply only to the percentage of fault attributable to the District, its officers, officials, employees and/or agents. 6.2 Cam'.9 -millcation of.District. The City shall indemnify, defend and hold harmless the District, its officers, appointed and elected officials, employees and agents, from and against all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and reasonable attorneys' fees in defense thereof, for injury, sickness, liability or death to persons or damage to property or business, caused by or arising out of negligent or intentional acts, errors or omissions of the City, its officers, officials, employees and/or agents in the performance of this Agreement; provided, that in the event of the concurrent negligence of the Parties, the City's obligations hereunder shall apply only to the percentage of fault attributable to the City, its officers, officials, employees and/or agents. 6.3 Waiver gf-Irnmunity Under Industrial. Insurance Act. The indemnification provisions of this Section are specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Title 51 RCW, as with respect to the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 6.4 Survival. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. 7. Insurance �; Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying party to the indemnified party(s). 8. Coinl2liance with Laws In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. 9. Notices All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given s of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 1.5 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 10. Miscellaneous 10.1 Entire A grc niecat. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. 10.2 Amendment. Any amendment to this Agreement shall be specifically identified by separate written addendum agreed to by the Parties' Administrators identified in Section 1.5 of this Agreement. 10.3Governing', Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the state of Washington in and for Snohomish County. 10.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 10 10.5 everability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 10.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 10.7 No Assignmept. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 10.8 Wa rany of Atitho Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the other party for whom he or she purports to sign this Agreement. 10.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the Parties. 10.10 No Third Party Bet eliciarie . This Agreement and each and every provision hereof are for the sole benefit of the City and the District. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 10.11 Execution in Comitet ? 1Ct . This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. 11. 1+orcc G9 ajeure The District shall not be responsible and/or liable for delays caused by and/or resulting from factors beyond District's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, unwillingness of any property owner to grant an easement in favor of the District, failure of the City and/or the City Project Contractor to furnish timely information or timely act, or delays caused by faulty performance by the City, the City Project Contractor, other utilities, third parties and/or by contractors of any level. 11 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. 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