TIC 2018-09-10 Item 2A - Agreement - Memorandum of Agreement with CenturyLink Regarding 53rd Avenue South (South 144th Street to South 137th Street)

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The City has advertised for construction bids and entered into a contract with a Contractor reasonably acceptable for the parties for the construction of a joint utility trench which shall include CenturyLink Facilities, Comcast, and SCL power facilities. This joint utility trench will be placed within the northbound lane of 53rd Ave. S. between S. 137th and S. 144th St. in accordance with the Project plans. 2. CONTRACTOR REQUIREMENTS The independent contractor hired solely by the City to perform the work outlined in Section 1 shall be referred to as "the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, shall, as more fully detailed below, excavate the trench and install CenturyLink Facilities, Comcast, and SCL power facilities, accommodate and coordinate the installation of CenturyLink Facilities, install the bedding material, backfill and compact the trench, and perform any restoration required by the City, all to be performed in a good and workmanlike manner consistent with industry standards. The City represents that any such contract shall further require of Contractor that the work be conducted in conformity with (i) the applicable procedures and requirements of the parties as described herein; (ii) all applicable laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms and provisions of the National Electric Safety Code, as may be amended, supplemented or replaced from time to time, including but not limited to those pertaining to protection and separation of conductors buried in earth. 3. RESPONSIBILITY OF THE PARTIES A. Drawings. CenturyLink shall provide engineering drawings, specifications, construction standards, estimated material quantities, and cost estimates to the City for the underground relocation of CenturyLink's Facilities. The drawings shall show in detail the location and elevation of the conduits, trench, and vaults, and shall include a general traffic control plan for activities not associated with installation of Facilities within the Contractor - controlled open trench area. B. Installation. CenturyLink shall furnish its conduit for installation by the Contractor in the City -provided trench and shall furnish and deliver to the site all vaults for installation by the Contractor in a timely manner as outlined in subsection 3.D. CenturyLink shall furnish and install, with CenturyLink's own contractor, the CenturyLink copper cabling. CenturyLink shall schedule all deliveries and work so as not to delay the Contractor. All rights, title and interest in CenturyLink Facilities and associated equipment shall at all times remain with CenturyLink. Parties hereto acknowledge and agree that CenturyLink shall in no event be required to remove its respective, affected and abandoned facilities, prior to completion of its underground Facilities, in accordance with this Agreement, as long as said installation is completed in conformity with this Agreement. The City, by entering into this Agreement, is granting CenturyLink a license to occupy the joint trench and public right-of-way in which the Facilities will be placed, in accordance with any applicable franchise agreement or equivalent JOINT TRENCH AGREEMENT— Page 2 of 11 (August 20, 2018) (between City of Tukwila and CenturyLink Re: 53rd Ave S. project) 3