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AGENDA
MONDAY, JULY 9, 2018 – 5:30 PM
HAZELNUT CONFERENCE ROOM
(EAST ENTRANCE OF CITY HALL)
Next Scheduled Meeting: Monday, July 23, 2018
City of Tukwila
Transportation and
Infrastructure Committee
Thomas McLeod, Chair
De’Sean Quinn
Zak Idan
Distribution:
T. McLeod
D. Quinn
Z. Idan
V. Seal
D. Robertson
Mayor Ekberg
D. Cline
L. Humphrey
H. Hash
G. Labanara
H. Ponnekanti
P. Brodin
R. Turpin
A. Youn
Clerk File Copy
2 Extra
Place pkt pdf on Z:\Trans &
Infra Agendas
e-mail cover to: A. Le,
C. O’Flaherty, A. Youn,
D. Almberg, B. Saxton,
S. Norris, L. Humphrey,
V. Seal, T. McLeod
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a) Resolution to Surplus and Sell Two Vehicles for 2018 a) Forward to 7/16/18 Regular
Consent Agenda
Pg. 1
b) Resolution to Surplus City Equipment for 2018 b) Forward to 7/16/18 Regular
Consent Agenda
Pg. 7
c) 42nd Ave S Ph III and Gilliam Creek Culvert Replacement
Change Order No. 3 with Active Construction
c) Forward to 7/9/18 C.O.W. &
7/16/18 Regular Meeting
Pg. 15
d) 53rd Avenue South (S 144th St to S 137th St)
Memorandum of Agreement – Comcast
d) Forward to 7/16/18 Regular
Consent Agenda
Pg. 23
e) South 140th Street Intersection Improvements
Update
e) Information Only Pg. 37
3. SCATBd/RTC
f) SCATBd May 15, 2018 Meeting Summary
SCATBd June 19, 2018 Meeting Agenda
RTC June 20, 2018 Meeting Agenda
f) Information Only Pg. 39
4. MISCELLANEOUS
g) Strander Boulevard update g) Discussion Only
h) Small Cell Technologies
Franchise Agreements
h) Discussion Only
i) SeaTac International Airport Proviso Study i) Discussion Only
5. ANNOUNCEMENTS
Future Agendas:
2018 Committee Work Plan
1
W:\Word Processing\Resolutions\Surplus vehicles-to Winthrop WA 6-26-18
GL:bjs Page 1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, DECLARING A 2007
FORD CROWN VICTORIA AND A 2005 HONDA GL1800
MOTORCYCLE SURPLUS, AND AUTHORIZING THEIR
SALE TO THE TOWN OF WINTHROP, WASHINGTON.
WHEREAS, the City of Tukwila purchased seven patrol cars and three motorcycles
to replace unit 1715, a 2007 Ford Crown Victoria, and unit 1083, a 2005 Honda GL1800
motorcycle; and
WHEREAS, unit 1715 has a fair market value of $1,507 and unit 1083 has a fair
market value of $3,214, and the two units are no longer needed by the City of Tukwila’s
Police Department; and
WHEREAS, under statutory authorization provided in RCW 39.33.010, the City of
Tukwila may sell the vehicles to the Town of Winthrop, Washington, on such terms and
conditions that may be mutually agreed upon; and
WHEREAS, the Town Council of the Town of Winthrop, Washington, has
authorized the purchase of units 1715 and 1083 for $4,721; and
WHEREAS, the town of Winthrop’s administration has sent an intent to purchase
said equipment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. Unit 1715, a 2007 Ford Crown Victoria
(Vehicle Identification Number 2FAFP71W47X111105); and unit 1083, a 2005 Honda
GL1800 motorcycle (Vehicle Identification Number 1HFSC47065A402545); both as
illustrated on Exhibit A, are hereby declared surplus.
Section 2. Mayor Authorized to Sell. The Mayor is hereby authorized to sell Unit
1715, a 2007 Ford Crown Victoria, and unit 1083, a 2005 Honda GL1800 motorcycle,
both as referenced in Section 1, to the Town of Winthrop, Washington, for the mutually
agreed upon full value of $4,721.
2
W:\Word Processing\Resolutions\Surplus vehicles-to Winthrop WA 6-26-18
GL:bjs Page 2 of 2
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of __________________, 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel Turpin, City Attorney
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Exhibit A
Unit 1715
2007 Ford Crown Victoria
89,000 mileage
VIN: 2FAFP71W47X111105
Value: $1,507
Unit 1083
2005 Honda GL1800
80,191 miles
VIN: 1HFSC47065A402545
Value: $3,214
5
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9
2018 Auction Vehicles
Exhibit A
1
1062, 2005 Club Car Carry All dump bed
S/N: PG0548‐575021 Value $2,000
1063, 1999 John Deere Turf Gator
S/N: W00TURF006659 Value $2,000
1064, 1999 John Deere Turf Gator
S/N: W00TURF006706 Value $2,000
1070, 1995 Kawasaki KZ1000P14 with spare
parts 37,030 miles VIN: JKAKZCP20SB513368
Value $1,200
1075, 1989 Kawasaki KZ1000‐P8, with spare
parts 57,715 miles VIN: JKAKZCP23KB506477
Value $1,200
10
2018 Auction Vehicles
Exhibit A
2
1084, 2008, Honda Goldwing GL1800
93,691 miles VIN: 1HFSC47H28A711696
Value $2,800
1101, 1999 Chevy Lumina 86,869 miles VIN:
2G1WL52K1W9277843 Value $1,200
1133, 2000 Ford Taurus Wagon 56,591 miles
VIN: 1FAFP5820YG167704 Value $2,000
1151, 2005 Ford Taurus 129,340 miles, needs
transmission VIN: 1FAFP53195A120631
Value $800
1158, 2005 Ford Taurus 75,836 miles
VIN: 1FAFP53215A12063 Value $2,200
11
2018 Auction Vehicles
Exhibit A
3
1166, 2001 Chevy Impala 102,921 miles,
transmission input shaft seal leak
VIN: 2G1WF55K219289981 Value $1,000
1202, 1998 Ford Club Wagon 30,183 miles
VIN: 1FBSS31L4WHB36918 Value $2,700
1213, 1988 Chevy ¾ ton Pickp dump 10,896
miles VIN: 1GBGR34J7JJ132634 Value $3,000
1215, 1996 Ford F250 dump 100,809 miles
VIN: 2FTHF25G1TCA48655 Value $2,800
1730, 2010 Ford Crown Victoria, 94,156 miles
VIN: 2FABP7BV6AX136700 Value $1,800
1735, 2011 Ford Crown Victoria
VIN: 2FABP7BV2BX177195 Value $1,800
12
2018 Auction Vehicles
Exhibit A
4
1737, 2011 Ford Crown Victoria
VIN: 2FABP7BV6BX177197 Value $1,800
1738, 2011 Ford Crown Victoria 90,700 miles
VIN: 2FABP7BV8BX177198 Value $1,800
1739, 2011 Ford Crown Victoria 100,262 miles
VIN: 2FABP7BVX177199 Value $1,800
1740, 2011 Ford Crown Victoria 98,971 miles
VIN: 2FABP7BV2BX177200 Value $1,800
5569, 2007 Ford Expedition XLT 144,631 miles
VIN: 1FMFU16567LA84191 Value $1,800
8900, 2006 Ford E450 21‐Passenger Bus, 29,079
miles VIN: 1FDXE45S16DA62361 Value $9,000
13
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JOINT TRENCH AGREEMENT– Page 1 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
MEMORANDUM OF AGREEMENT
Between the City of Tukwila and Comcast
for the 53rd Avenue South Project –
(S 137th Street to S 144th)
THIS MEMORANDUM OF AGREEMENT (this “Agreement”), is entered into
as of the date last signed below between the City of Tukwila, a Washington municipal
corporation (“City”), and Comcast Cable Communications Management, LLC, a
Delaware limited liability company (“Comcast”) (each a “Party” and collectively the
“Parties”), and sets forth the terms and work guidelines for the planning, coordination,
and relocation of certain utilities made necessary by the Project described below.
RECITALS
WHEREAS, the City is making right-of-way improvements to 53rd Ave S
between S 137th St and S 144th St (the “Project”); and
WHEREAS, the City has determined that the Project is a public project and will
necessitate the relocation and new construction of Comcast utility infrastructure located
within the boundaries of the Project; and
WHEREAS, Comcast currently maintains and operates its utility infrastructure
within the public rights-of-way of City (including 53rd Ave. S) under a franchise grant
given to Comcast; and
WHEREAS, Comcast acknowledges that the City has given notice to Comcast
and third party users of the necessity to remove existing aerial utility infrastructure along
53rd Ave; and
WHEREAS, relocation requires trenching within the right-of-way and the Parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug
for all of the affected utilities to relocate their facilities; and
WHEREAS, Comcast and the City intend for this Agreement to provide a process
for cooperation and coordination in the design, estimating, scheduling, construction, and
payment for, the utility undergrounding Work (hereinafter defined) in an efficient and
cost-effective manner.
NOW THEREFORE, in consideration of the mutual benefits to be provided the
Parties through this Agreement, it is hereby agreed as follows:
AGREEMENT
To facilitate construction of a joint trench, the Parties agree as follows:
24
JOINT TRENCH AGREEMENT– Page 2 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
1. SCOPE OF WORK
The City of Tukwila will advertise for construction bids and enter into a contract
with a Contractor for the construction of a joint utility trench which shall include
Comcast, Century Link, 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 by the City to perform this Work shall be
referred to as “Contractor” in this Agreement. The Contractor, pursuant to a contract
with the City, shall excavate the trench and install Comcast, Century Link, and SCL
power facilities, accommodate and coordinate the installation of Comcast 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 “Work”). 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 and of those
that own or have jurisdiction over the rights of way in which the Work is to be
performed; (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. Comcast shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for
the underground relocation of Comcast’s facilities. The drawings shall show in detail the
location and elevation of the Comcast 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. Comcast shall furnish its conduit for installation by
Contractor in the City provided trench and shall furnish and deliver to the site all vaults
for installation by Contractor in a timely manner as outlined in subsection 3.D. Comcast
shall schedule all deliveries and work so as not to delay Contractor. All rights, title and
interest in the facilities and associated equipment shall at all times remain with Comcast.
The Parties hereto acknowledge and agree that Comcast shall in no event be required to
remove their respective, affected facilities, prior to completion of their underground
facilities, in accordance with this Agreement, as long as said installation is completed in
conformity with this Agreement.
25
JOINT TRENCH AGREEMENT– Page 3 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
C. Traffic Control. Contractor shall perform all traffic control associated
with installation of facilities within the Contractor controlled open trench area. Comcast
shall be responsible for providing traffic control during installation of facilities not
associated with or in the controlled open trench area.
D. Comcast Coordination. Contractor will excavate for and place Comcast
vaults in the trench including bedding and backfill. Comcast shall maintain continued
coordination with Contractor regarding the installation of Comcast’s facilities. This
coordination shall include but not be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Contractor shall provide Comcast weekly scheduling notifications.
3. Comcast shall coordinate closely with Contractor to provide all
necessary materials in a timely manner.
E. Surveys. The City will provide the survey for the location of the trench
and vaults.
4. COMPENSATION
A. Trench costs. Comcast agrees to pay the City a portion of the trench costs,
including trench bedding and backfill, commensurate with its proportionate share of
trench usage as shown in Exhibit A attached hereto and incorporated by this reference.
Preliminary costs will be agreed upon prior to construction based on an estimate from the
bid accepted by the City. Costs will be finalized after completion of construction to
account for actual construction costs and will be subject to final review and approval by
Comcast.
B. Survey. Comcast agrees to pay the reasonable costs for the City
surveyor’s time to provide vault locations and elevations and any other survey that may
be required to locate and place Comcast facilities.
C. Traffic Control. Comcast agrees to pay the City its proportionate share of
traffic control costs related to the Contractor controlled open trench areas where Comcast
facilities are present. The proportionate share shall be based on trench usage as shown in
Exhibit A. Comcast shall be responsible to pay for all traffic control during the
installation of Comcast facilities, not associated with the controlled open trench area.
D. Additional Expenses. Comcast agrees to pay its proportionate share of
mutually agreed additional expenses incurred due to all of Comcast’s approved change
requests requiring additional trench depth or width and for unforeseen conditions,
26
JOINT TRENCH AGREEMENT– Page 4 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
including but not limited to dewatering for ground water. Comcast will not pay for any
share of additional expenses incurred due solely to approved change requests from other
private utilities and/or the City.
E. Claims by Contractor. Comcast agrees to pay the entire cost of any
reasonable and documented claims made by Contractor that are caused by Comcast.
These claims may include delays caused by the installation by Comcast of its facilities,
delays caused by Comcast providing its materials, or any other conflicts between
Contractor and Comcast. These claims must be verifiable or substantiated claims.
F. Vaults. Comcast agrees to pay for the excavation, site preparation, and
installation for its vaults, including bedding and backfill, separately and in addition to any
survey costs and trench costs discussed above. These additional costs shall be
preliminarily determined from the bid price accepted by the City. The cost to excavate
for and install Comcast’s vaults will be finalized after completion of construction to
account for actual construction costs and will be subject to final review and approval by
Comcast.
G. Invoice. The estimated share of Comcast’s cost related to the Project, as
described in Exhibit A, is $97,450.91 including applicable sales tax (the “Estimated
Comcast Cost Share”). The Estimated Comcast Cost Share is based on the City’s
engineering construction estimates of the Project and is subject to change based upon
final bid review, award of all relevant Work and change orders. The actual costs charged
to Comcast will be determined based on itemized Contractor invoices and payment
requests from Contractor for actual Work performed or completed and will be subject to
final review and approval by Comcast. City will invoice Comcast by itemized monthly
invoices with backup documentation, which shall include relevant invoices and payment
requests, for Project costs to Comcast. Comcast agrees to pay the City within sixty (60)
days of receipt of a correct invoice from the City for amounts that Contractor has
invoiced the City for work that has been completed by the Contractor and approved by
COMCAST, and which Comcast has agreed to pay under this Agreement.
H. Defective or Unauthorized Work. City agrees that its agreement with
Contractor will require Contractor to comply with the Comcast requirements as set forth
in the plans and specifications approved by Comcast; provided however, that under no
circumstance shall Comcast or its employees, agents or contractors be responsible for or
authorized to give direction to or direct work by Contractor. City further agrees that per
the terms of the agreement between the City and Contractor, Comcast reserves the right
to withhold payment from the City for any defective or unauthorized work performed by
Contractor. Defective or unauthorized work includes, without limitation, work and
materials that do not conform to the requirements of this Agreement, and extra work and
materials furnished without Comcast’s approval. If for any reason it is necessary to
satisfactorily complete any portion of the Work, Comcast may complete the Work using
its own means, and the City shall be responsible for any Additional Costs incurred by Comcast
hereunder. “Additional Costs” shall mean all reasonable costs, including legal costs and attorney
27
JOINT TRENCH AGREEMENT– Page 5 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
fees, incurred by the parties beyond the price included in the bid accepted by the City. Comcast
further reserves the right to offset the cost to complete the Work, including any additional costs,
from any and all amounts due or to become due the Contractor.
I. Final Payment/Waiver of Claims. The making of final payment by the
Parties shall constitute a waiver of claims by the City and Contractor, except those
previously and properly made and identified by the City and Contractor as unsettled at
the time request for final payment is made.
5. CHANGES.
Comcast shall submit any changes requested to be performed by Contractor to the
City. The City shall submit this to Contractor; obtain a price from Contractor to perform
the Work, and notify Comcast of this price. Comcast shall then have 48 hours from the
time it receives the price from the City, within which to respond. If Comcast chooses not
to accept Contractor’s price then this Work shall only be performed by Comcast
according to a mutually agreed upon schedule with Contractor so as not to cause
unreasonable delay to Contractor. Any costs associated with work completed outside of
the mutually approved plans and specifications and approved amendments thereto
without Comcast approval will be City’s responsibility.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
City shall defend, indemnify and hold Comcast and its directors, officers,
officials, employees, representatives and agents harmless from and against any and all
claims, injuries, damages, losses, harm, liabilities, suits, costs and expenses (including,
but not limited to, reasonable attorney fees), caused by or arising out of any Work
performed by the City, Contractor and each of their respective directors, officers,
officials, employees, contractors, subcontractors, representatives and agents in their
performance under this Agreement, except for injuries and damages caused by the
negligence or willful misconduct of Comcast. During the performance of such activities,
City’s employees or contractors shall at all times remain employees or contractors,
respectively, of City.
Comcast shall defend, indemnify and hold City and its officers, officials,
employees, representatives and agents harmless from and against any and all claims,
injuries, damages, losses, harm, liabilities, suits, costs and expenses (including, but not
limited to, reasonable attorney fees), caused by or arising out of any Work performed by
Comcast in its performance under this Agreement, except for injuries and damages
caused by the negligence or willful misconduct of City or Contractor. During the
performance of such activities, Comcast’s employees or contractors shall at all times
remain employees or contractors, respectively, of Comcast.
28
JOINT TRENCH AGREEMENT– Page 6 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence
of the Parties, their officials, employees and agents, a Party’s liability hereunder shall be
only to the extent of the Party’s negligence. The provisions of this section shall survive
the expiration or termination of this Agreement.
No Party, directly or indirectly, shall create or impose any lien on the property of
another, or on the rights or title relating thereto, or any interest therein, or in this
Agreement. Each Party shall promptly, at its own expense, take such action as may be
necessary to duly discharge any lien created by it on the property of another.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL
BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT.
7. INSURANCE.
City shall contractually require that Contractor maintain in full force and effect at
its own cost insurance of the types and in the amounts described below against claims for
injuries to persons or damage to property which may arise from or in connection with the
performance of the Work by Contractor, its agents, representative, employees, sub
consultants or subcontractors:
A. Commercial General Liability insurance with limits of no less than three million
dollars ($3,000,000.00) per occurrence and five million dollars ($3,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO
CG 00 01 1/96 or its equivalent and include severability of interests. Coverage
shall include, but not be limited to: blanket contractual, Products/Completed
operations/broad form property damage; explosion, collapse and underground
(XCU); and employers liability. Such insurance shall name the City, Comcast,
and their respective officers, officials and employees as additional insureds per
ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and rights
of recovery against the City, Comcast, and their respective officers, officials and
employees. Coverage shall apply as to claims between insureds on the policy, if
applicable. Coverage may take the form of a primary layer and a secondary or
umbrella layer, but the combination of layers must equal $3,000,000 at a
minimum.
B. Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each
of Contractor’s owned, hired and non-owned vehicles assigned to or used in the
29
JOINT TRENCH AGREEMENT– Page 7 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
operation of this contract in the City. The policy shall contain a severability of
interests’ provision.
C. The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirty (30) days' written notice first
provided to the City, via certified mail, and ten (10) days' notice for nonpayment
of premium. If the insurance is canceled or materially altered so as to be out of
compliance with the requirements of this subsection within the term of this
contract, Contractor shall provide a replacement policy. Contractor agrees to
maintain continuous uninterrupted insurance coverage, in at least the amounts
required, for the duration of this contract.
Deductibles / Certificate of Insurance
Any deductible of the policies shall not in any way limit Contractor's liability to the City
or to Comcast.
A. Endorsements.
(1) All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees
and agents are to be covered as, and have the rights of, additional
insureds with respect to liability arising out of activities
performed by, or on behalf of, Contractor under this contract;
(b) Contractor’s insurance coverage shall be primary insurance with
respect to the City, Comcast, and their respective officers,
officials, boards, commissions, employees and agents. Any
insurance or self-insurance maintained by the City, Comcast, and
their respective officers, officials, boards, commissions,
employees and agents shall be in excess of Contractor's
insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured
against whom a claim is made or lawsuit is brought, except with
respect to the limits of the insurer's liability.
B. Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VII."
C. Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting
blanket additional insured status. The certificates and endorsements for each
insurance policy are to be signed by a Person authorized by that insurer to bind
30
JOINT TRENCH AGREEMENT– Page 8 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
coverage on its behalf. The certificates and endorsements for each insurance
policy are to be on standard forms or such forms as are consistent with standard
industry practices.
8. FRANCHISE AGREEMENT.
The City and Comcast agree that as to future projects, by entering into this
Agreement neither Party has waived any rights it may have under the existing franchise
agreement between the City and Comcast, and the City and Comcast expressly herein
reserve such rights. Notwithstanding anything in this Agreement to the contrary,
Comcast’s participation in the joint trench activity contemplated in this Agreement, and
its very participation in this Agreement, shall in no event be construed as acceptance,
affirmation or ratification of the City’s construction of Comcast’s obligation to
underground their facilities and enter into a writing pursuant to the franchise agreement,
and the Parties understand and agree that the terms and conditions of this Agreement
shall not be considered as a basis for future undergrounding projects that may be
franchise-required.
9. MISCELLANEOUS.
A. Compliance with Laws. The Parties shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
Agreement.
B. Nonwaiver of Breach. The failure of a Party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option
herein conferred in one or more instances, shall not be constructed to be a waiver or
relinquishment of those terms and rights and they shall remain in full force and effect.
C. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
Parties or between any Party and Contractor under any of the provisions of this
Agreement, resolution of that dispute shall be available only through the jurisdiction,
venue and rules of the King County Superior Court, King County, Washington.
D. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the Parties’ performance of this
Agreement, the parties specifically understand and agree that the prevailing Party in any
such action shall be entitled to its reasonable attorneys’ fees and costs of suit; however,
nothing in this subsection shall limit a Party’s right to indemnification under Section 8 of
this Agreement.
E. Written Notice. All communications regarding this Agreement shall be
sent to the Parties at the addresses listed on the signature page of this Agreement, unless
31
JOINT TRENCH AGREEMENT– Page 9 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
otherwise notified. Any written notice shall become effective upon delivery, but in any
event three (3) calendar days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated on this
Agreement.
F. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of each of the affected Parties.
G. Severability. If any one or more sections, sub-sections, or sentences of
this Agreement are held to be unconstitutional or invalid, that decision shall not affect the
validity of the remaining portion of this Agreement and the remainder shall remain in full
force and effect.
H. Relationship. It is understood and agreed that no agency, employment,
joint venture, co-employer or partnership is created by this Agreement. No Party hereto
shall (i) have the power or authority to act for another in any manner to create obligations
or debts which would be binding upon another, and; (ii) be responsible for any obligation
or expense whatsoever of the other Party except as set forth herein.
I. Force Majeure. Parties shall not be deemed to be in breach of this
Agreement if unable to perform their respective obligations hereunder as a result of the
occurrence of an event of “force majeure,” which shall include, but not be limited to, acts
of God, acts of the government of the United States or of any state or political
subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions,
earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other
causes beyond the Parties’ reasonable control. The scope of events of force majeure shall
not extend to payment of money owed hereunder.
J. Assignment. Neither Party shall assign this Agreement or any of its rights
or obligations hereunder without the prior written consent of the other, which consent
will not be unreasonably withheld or delayed. Notwithstanding the foregoing, either may
assign all or part of this Agreement immediately, without the prior written consent of the
other Party (a) to any entity that controls, is controlled by, or is in common control with a
Party or (b) to any successor in interest to a Party or (c) if necessary to satisfy the rules,
regulations and/or orders of any federal, state or local governmental agency or body.
K. Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this agreement. This Agreement and any attached Exhibits
contain the entire Agreement between the Parties. Should any language in any Exhibit to
this Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
32
JOINT TRENCH AGREEMENT– Page 10 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
IN WITNESS WHEREOF, the Parties below have executed this
Agreement.
COMCAST CABLE COMMUNICATIONS CITY OF TUKWILA
MANAGEMENT, LLC
Print Name: ______ Print Name:
Title: ____________ Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
COMCAST CABLE COMMUNICATIONS CITY OF TUKWILA
MANAGEMENT, LLC
Comcast Cable Communications Management, LLC
City of Tukwila Public Works
410 Valley Ave NW, Suite 12 Bldg C 6300 Southcenter Blvd, Suite 100
Puyallup, WA 98371 Tukwila, WA 98188
Attn: Bill Walker Attn: David Sorensen
(253) 288-7538 (Desk) (206) 431-3653 (Desk)
(206) 255-6975 (Cell) (206) 402-8076 (Cell)
With a copy to: APPROVED AS TO FORM:
Comcast Cable Communications
Management, LLC
1701 JFK Boulevard
Philadelphia, PA 19103
Attention: General Council Tukwila City Attorney
P:\Civil\FILES\OpenFiles\0177-2005\JointTrenchAgreement-Comcast-MilitaryRoad.doc
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38
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) – MEETING SUMMARY
TUESDAY, MAY 15, 2018
1. Introductions & Approval of Meeting Summary – The April meeting summary was approved.
2. Regional Transportation Updates – Cynthia Foley, Sound Cities Association spoke to Metro
Transit’s new capital division, headed by Dianne Carlson. At the KC Regional Transit Committee,
the KC Auditor is conducting transit audits. The RTC received an update on Metro’s mobility
efforts using Transportation Network Companies and encouraging carpools.
3. Metro’s Community Connection Service – South King County—Cathy Snow, King County Metro
gave an overview of the Community Connection Service in the south King County area. She
explained that the program is in its final year of a four year demonstration program with three
new projects in South King County: 1) Algona and Pacific 2) Renton and 3) Tukwila. Active
projects: Burien (mitigation project) resulting from service cuts in 2014. In Burien, the
community identified needs for off-peak, weekday service to improve local circulation and
connections to the regional transit network. Burien service averaged 74 daily riders in 2017 and
81 in 2018 with costs declining. Des Moines started in 2017 from an application. Employer
focused (842 employees) participated mostly live in south and east King County. Survey resulted
generated community shuttle, midday your way, and flex vanpool services. (Metro vans being
used mid-day for workers.) Des Moines community shuttle launched in January. Commuter
connection between link and Des Moines Business Park and Marina District. Kent Project:
Came out of an application in 2017. Employer focused, lack of transit services for workers.
Survey, translated into 5 languages. Have community based organizations to reach potential
employee based groups. Normandy Park: Started in 2017. Residential focused. Intended to
provide better mobility options – into Normandy Park. Rate of senior growth outstripping rest
of the county. Mailed survey to ~2,000 and received 583 responses, completed in spring.
Planning to move with three solutions: Neighborhood Transportation Hub – locating three
places where people can easily get to places to get trip pool (hop on as needed basis with
designated transit parking at Angle Lake light rail) or community ride (defined service area
requested service with Metro bus and uniformed driver). All expected to be implemented in
October, 2018. SE King County Project: Identified in Metro’s service plan. Restructured DART
and fixed route services and supplemented with alternative services. Black Diamond-Enumclaw
Community Ride: Demand response service between those cities M-F 6:30-4:30 p.m. first come,
first serve. Flexible service area, in place for a year and doing well. Average daily ridership is 7
riders in 2017 and 13 in 2018. Auburn TripPool – Van based solution with driver making regular
trips, mobile application enabled.
SCATBd members then engaged Ms. Snow in a variety of questions about fares, costs and cost
comparisons with private transportation providers such as Uber.
4. Foundations of Growth Management Planning – King County Metro’s Strategic Planning in
Metro Connects – Greydon Newman, King County Metro spoke to the METRO CONNECTS plan
and how it incorporated regional planning forecasts and growth and employment targets into its
modeling and planning. He illustrated Metro’s proposed transit service networks from 2025 and
2040 and spoke to how Metro modeled three different types of service emphasis with the same
operating budget and service hours: frequent, express and local. Metro used this ridership
39
model to evaluate the three service types. It is the same modeling tool that Sound Transit uses,
and is based on the Puget Sound Regional Council’s land use and transportation network
assumptions. The model uses PSRC’s for population and jobs, assumed transit fares increased
with inflation, assumed roadway congestion, tolls, park and ride facilities, parking costs. Using
the model we assessed how different networks performed in different quadrants of King
County. PSRC assumptions drove rationale for why Metro would model and plan for growth and
also served as the means to determine how we did.
Q: When you are doing this long term forecasting – how are you accounting for changes in each
jurisdiction? (PSRC forecasts.) Questions / discussion about evaluating customer experience
slide in presentation – looking at SOV trip times for various routes. Did evaluation include costs
of SOV vs. transit costs?
5. Public Comment: None.
6. Good of the Order:
• Katie Kucimba Halse – Port of Seattle announced that cruise season has begun and that
the Port would be the June SCATBd meeting presenting on the Airport Sustainable
Master Plan. The Port is also presenting this update on May 30 at the Burien Community
Center from 4:30-7 p.m.
• WSDOT: Legislature issued proviso with WSDOT & Port of Seattle to study SR518
Corridor. WSDOT will report on this at a future SCATBd meeting.
• Puget Sound Regional Council: General Assembly meeting being held on May 31 from
noon-1:30 p.m. This is the PSRC’s annual meeting to adopt budget, transportation plan.
Meeting adjourned 10:15 a.m.
40
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
MEETING AGENDA
Tuesday June 19, 2018
9:00 – 11:00 a.m.
SeaTac City Hall
4800 South 188th Street
SeaTac
1. Open Meeting
(Breakfast provided by the City of Maple Valley)
Introductions
Approve May SCATBd Meeting Summary
Action 9:00 a.m.
2. Reports and Communications
Chair or Vice Chair
Participant Updates (from RTC and Other Regional
Committees)
Report and
Discussion
9:05 a.m.
3. SeaTac Master Plan, Port of Seattle
Commissioner Calkins, Clare Gallagher and Arlyn Purcell,
Port of Seattle
Report and
Discussion 9:15 a.m.
4. I-405 and SR 518 Bus Rapid Transit
Bernard Van de Kamp, East Corridor Development Director,
Sound Transit
Report and
Discussion 9:45 a.m.
5. Public Comment
Next SCATBd Meeting: Tuesday, July 17, 2018
Breakfast will be provided by the City of Normandy Park
Discussion 10:15 a.m.
41
Regional Transit Committee
King County
Meeting Agenda
1200 King County
Courthouse
516 Third Avenue
Seattle, WA 98104
Councilmembers: Rod Dembowski, Chair; Claudia Balducci, Reagan Dunn
Alternate: Joe McDermott
Sound Cities Association: Dave Asher, Kirkland; Bruce Bassett, Mercer Island;
Claude DaCorsi, Vice Chair, Auburn; Leanne Guier, Pacific;
Kathy Hougardy, Tukwila; Hank Margeson, Redmond
Amy Ockerlander, Duvall; John Wright, Lake Forest Park;
Alternates: John Chelminiak, Bellevue; Randy Corman, Renton;
Dennis Higgins, Kent; Bill Ramos, Issaquah;
City of Seattle: Lisa Herbold; Mike O'Brien; Alternate: Debora Juarez
Staff: Paul Carlson, Lead Staff (206-477-0875)
Erica Newman, Committee Assistant (206-477-7543)
Room 10013:00 PM Wednesday, June 20, 2018
Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan
King County Council, whose agenda is limited to the committee business. In this meeting only the
rules and procedures applicable to committees apply and not those applicable to full council
meetings.
Call to Order 1.
Roll Call 2.
Public Comment 3.
Approval of Minutes 4.
May 16, 2018 meeting minutes
Chair's Report 5.
General Manager's Report 6.
Announcements 7.
Printed on 6/14/2018Page 1 King County
42
June 20, 2018Regional Transit Committee Meeting Agenda
Briefing
8. Briefing No. 2018-B0116
METRO CONNECTS Development Program ‐ Biannual Update
Paul Carlson, Committee Staff
Katie Chalmers, Service Planning Supervisor, King County Transit Division
Diane Carlson, Director of Capital Projects, King County Transit Division (invited)
Tina Rogers, Capital Strategy Supervisor, King County Transit Division (invited)
9. Briefing No. 2018-B0117
Access Paratransit
Paul Carlson, Committee Staff
Chrissie Russillo, Managing Director, Paratransit/Rideshare Operations, King County Metro Transit
Aaron Morrow, member of the Transit Advisory Commission, the Access Task Force, the Access RFP
Workgroup, and the Community Advisory Group
Robert Angrisano, member of the Access Task Force, the Access RFP Workgroup, and the Community
Advisory Group
Jennifer Wieland, Principal, Nelson/Nygaard
Other Business
Adjournment
Printed on 6/14/2018Page 2 King County
43