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HomeMy WebLinkAboutCOW 2008-10-13 Item 4E - Coordination Agreements - Tukwila International Boulevard Phase II & III Street Improvement with Third Party Utilities COUNCIL AGENDA SYNOPSIS Z Initials ITEM NO. 101,1/40 Meeting Date I Prepared by I Mayor's review 1 Council review 1 t 10/13/08 1 MR ta 10/20/08 1 MR V I I 1 I I I r_ ITEM INFORMATION CAS NUMBER: 08-123 ORIGL TAL AGENDA DA FE: OCTOBER 13, 2008 AGENDA ITEMTriLE Tukwila International Blvd (TIB) Phase II III Street Improvement Project Third Party Utility Coordination Agreements with Comcast Comcast /LNS CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/13/08 Mtg Date 10/20/08 Mtg Date Mtg Date ill g Date Mtg Date Mtg Date: SPONSOR Council Mayor El Adm Svcs DCD Finance Fire Legal PeR Police PW/ SPONSOR'S The TIB Phase II III Improvement Project requires coordination with third party utilities SUMMARY that will require utility relocation within the project boundary. Coordination agreements with Comcast and Comcast /LNS will incorporate into the City's construction contract the relocation of Comcast's overhead facilities to underground. Comcast provides cable TV service and Comcast /LNS represents AT &T fiber optic infrastructure. All of Comcast and Comcast /LNS improvement costs will be reimbursed to the City. REVIEWED COW Mt CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 09/23/08 RECOMMENDATIONS: SPONSOR /ADNEN. Authorize Mayor to sign the two coordination agreements. CONMur1'EE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: Comcast and Comcast /LNS will reimburse the City. MTG. DATE RECORD OF COUNCIL ACTION 10/13/08 1 l 1 10/20/08 MTG. DATE I ATTACHMENTS 10/13/08 Information Memo dated September 17, 2008 Coordination Agreement with Comcast (cable TV) Coordination Agreement with Comcast /LNS (AT &T fiber optic) Transportation Committee Meeting Minutes from September 23, 2008 I 10/20/08 .INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: September 17, 2008 Subject: Tukwila International Blvd (TIB) Phase II III Protect Project No. 95 -RWO3 Third Party Utility Coordination Agreements ISSUE Third party utility Coordination Agreements with Comcast for the TIB Phase II III Street Improvement Project. BACKGROUND The TIB Phase II III Street Improvement Project requires the coordination with several third party utilities that will require relocation of overhead facilities within the project boundary. Qwest and Seattle City Light will not underground their overhead lines. The existing poles will be relocated. We were able to reach agreements with Comcast and Comcast/LNS to underground their facilities. The two separate agreements with these parties reflect the different organizations within the Comcast umbrella. Comcast provides cable TV services while Comcast/LNS represents the AT &T Local Network Services fiber optic infrastructure, which was bought by Comcast several years ago. ANALYSIS The City will incorporate the Comcast and Comcast/LNS underground infrastructure into the construction contract and have the remaining relocation work perfonned by Utility personnel after the support infrastructure is in place (i.e.; pulling in new communication cables and removing existing overhead lines). The Coordination Agreements spell out the time limit for utility relocation and the cost distribution based on a firm price and scope of work determined by the City. Any work outside that scope is considered extra and will be reimbursed by Comcast with additional payment. As we already have a standard relocation clause referenced from the Franchise Agreement with Seattle City Light (SCL), a separate coordination agreement for their work will not be necessary. SCL's current plan is to remove most of the poles in the project boundary to allow construction to proceed unhindered. Existing customers will be fed by alternate routes where necessary. Once our project is complete, SCL may choose to reestablish existing power lines outside of our roadway improvement area if they feel the economic justification is adequate. P\PROIECTS\A- RV/ RS Projects\5RW03 TIB2\Info Memo TIB Ph2&3 09 -18 -08 -Coord Ags Comcast.doc Since Qwest does not maintain a utility franchise with the City and they are unwilling to enter into a project specific Coordination Agreement, we are constrained in our coordination efforts by a state utility grant. We will notify Qwest of the requirement to relocate their facilities as allowed by law and expect Qwest to comply. If they do not relocate in time to avoid conflict with our construction, we will track the impact to our project and invoice Qwest any additional costs. RE CO+_l'III�IENDATION Authorize the Mayor to sign Coordination Agreements with Comcast. These costs are directly reimbursable by Comcast and are not included in the project budget. Comcast Firm Price is $27,858 Comcast/LNS Firm Price is $16,801 Attachments: Third Party Utility Coordination Agreements P :\PROJECTS\A- RW RS Projects195RW03 TIB2lInfo Memo TIB Ph2 &3 09- 18 -08 -Coord Aes Comcast.doc COORDINATION AGREEMENT WITH COMCAST CORPORATION REGARDING CABLE TV FACILITY ADJUSTMENTS IN CONJUNCTION WITH TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW -03) THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation "City and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company "Comcast ")(individually a "Party" and collectively the "Parties RECITALS WHEREAS, the City is making right -of -way improvements "City Work to Tukwila International Blvd between S139th and S 116th Way; and WHEREAS, Comcast has certain fiber optic and cable television infrastructure that will be affected by the planned improvements ("TV Work") and will need to be relocated or adjusted in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the TV Work into one construction project (the "Project" or "Project Work whereby the right -of -way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor "Contractor") for the construction of the TV Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2 &3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. COMCAST 1) Comcast shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the TV Work. The drawings shall show in detail the location, quantity, and size of the conduits, cable vaults, service connections and risers or special termination structures. 2) Comcast shall review the portion of the Project's final drawings and specifications for the TV Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within the prescribed review period will signify Comcast's approval of the final contract documents. S:1Ttn Phase 2&3 95- RW031#.005 Design ReviewlUtitity Coordination\3rd Party Coordination Agreements\TIB Ph2 &3 Comcast Coordination Agreement 06- 25- 08.doc (Printed 6126/08) Page 1 of 9 Pf 6 f 0/6/A7' -S 3) Comcast shall provide the inspection services needed for overseeing the proper installation of the TV Work. Comcast's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the conhactor. 4) Comcast shall furnish all materials, exclusive of common bedding and backfill, required to complete the TV Work consistent with the requirements of Exhibit A JUT Scope of Work Firm Price. 5) Comcast shall notify its customers of the Project, perform any system shut downs necessary for the TV Work, and notify its customers of any scheduled service interruptions related to the Project. 6) Comcast shall remove, adjust or relocate, any existing fiber optic cables, TV cables or facilities, which are owned, operated, or leased by Comcast and are in conflict with the proposed City Work, within the timeline described in Exhibit B Timeline and Schedule. 7) Comcast shall maintain continued coordination with the City regarding the performance of the TV Work. This coordination shall include but not be limited to the following: a. Comcast will attend the Project bid opening and pre construction meeting. b. City will provide Comcast a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Corncast will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or methods will have on Comcast's customers. Any changes required to the Contractor's schedule or methods to limit the adverse impacts to Comcast's customers will be negotiated in good faith through the City's contracting process. c. Coincast will attend weekly construction meetings. d. Comcast will evaluate completion of the TV Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within forty-eight (48) hours of Comcast receiving the Contractors Request for Payment from the City will signify Comcast acceptance of the work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Comcast's design for the TV Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project "Project Contract") to the lowest responsible bidder (the "Contractor The City shall administer the Project Contract and monitor the Contractor's activities. 2) The City will require the Contractor to install the TV Work in accordance with the Project's final plans and specifications. S:\TIB Phase 2&3 95- RWO3W.005 Design RevievALItility Coordination\3rd Party Coordination Agreements NUB Ph2R3 Comeast Coordination Agreement 06- 25 -08.doc (Printed 626108) Page 2 of 9 3) The City will require the Contractor to provide Comcast sixty (60) days written notice for removal of existing fiber optic and television facilities within the Project boundary, which are known to be in conflict with proposed work. 4) The City will provide Comcast with not less than five (5) working days written notice prior to the start of the TV work to allow Comcast's scheduling of the on -site Inspector. 5) The City will schedule and attend weekly construction meetings with the City's Contractor, Comcast, and other franchise utilities involved in the Project. 6) The City will provide Comcast the Contractor's Request for Payment for the TV Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City and Comcast will divide responsibility for costs related to the TV Work as described below. A. Underground TV Installation. Comcast agrees to pay the cost that the City incurs for constructing the TV Work as listed in the JUT Scope of Work Firm Price in Exhibit A. B. Adjustments and Relocations. Comcast agrees to pay the actual costs the City incurs for adjustments and relocations of Comcast's fiber optic and cable television service lines throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Comcast agrees to pay any additional expenses incurred in installing the TV Work due to Changes initiated or approved by Comcast. Any changes to the TV Work perceived as necessary by the Contractor and any Change Orders therefore must be approved in writing by Comcast in advance of such changes to the Work. D. Consultant Costs and Construction Management Services. Comcast agrees to pay the actual cost that the City incurs, including consultant costs, inspection coordination, and impacts to the overall project, for incorporating Additional Work into the project scope on Comcast's behalf and approved by Comcast. "Additional Work" shall be defined as work not included in the JUT Scope of Work and Firm Price in Exhibit A. E. Invoice. The City will invoice Comcast for 50% of the amount listed in Exhibit A, JUT Firm Price, upon finalizing this agreement, approval of the final plans and specifications for the TV Work and obtaining a satisfactory bid for the Project Work. The remaining 50% of the Firm Price amount will be invoiced upon 50% completion of the JUT facilities. Comcast agrees to pay the City within forty -five (45) days of receiving each of these invoices. Failure to pay on time may result in a Stop Work Order being issued for the TV Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Comcast with written notice of completion of the TV Work. The Comc'ast inspector shall perform final inspection of the TV Work within five (5) days of written notice. Comcast shall, within forty-eight (48) hours of its final inspection, .provide to the City written final acceptance of the TV Work, or, alternatively, provide an itemized and detailed response why final acceptance of the TV S: \TIB Phase 2&3 95- RWO35#.005 Design RevievAUtiity Coordinationn3rd Party Coordination Agreements\TIB Ph2&3 Comcast Coordination Agreement 06- 25- O8.doc (Printed 6/`26/08) Page 3 of 9 Work cannot be given. If Comcast fails to respond to the City within the prescribed timeline, Comcast shall be deemed to have given final acceptance of the TV Work. Upon final acceptance of the TV Work, the City shall assign its rights under the Project Contract relating to the TV Work to Comcast, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the TV Work. The City shall also require the City's Contractor, as a condition of the Project Contract, to provide a bond at Comcast's cost to insure that the TV Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work Comcast reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, Comcast shall be deemed to have waived this right as to any part of the TV Work that has been accepted by Comcast. This waiver shall not waive any claim by Comcast against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed TV Work following Comcast acceptance. Defective, incomplete 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 written approval. H. As Built Drawings. The City shall provide Comcast with "as built" drawings for the TV Work following the City's final acceptance of the Project Work. 4. WITHDRAWAL FROM AGREEMENT Should any utility involved in the Joint Utility Trench "JUT") Work exercise it's write to reject the final project drawings and specifications in accordance with section 2 -A(2) above the .City may, at its sole discretion, terminate this agreement upon written notice to all utilities in the JUT. Should the City elect not to proceed with award of the contract for the Project Work within nine months of the date of this agreement this agreement shall terminate. Comcast shall be responsible to reimburse the City for its reasonable costs related to the TV Work through the date of termination. S. CHANGES After the City executes a contract with the Contractor, Comcast shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Comcast of this price. Prices supplied for Comcast change orders may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of the WSDOT Standard Specifications. Comcast shall have two (2) business days from receiving the price from the City within which to respond to the City. If Comcast chooses not to accept the Contractor's price then this work shall only be performed by Comcast according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. S:ITIB Phase 283 95- RWO3V1.005 Design ReviewlUtiiity Coordinationt3rd Party Coordination Agreernents\TiB Ph2 &3 Comcast Coordination Agreement 0625.O8.doe (Printed 6/25/V8) Page 4 of 9 6. INDEMNIFICATION A. Claims. Comcast shall be liable for, defend, indemnify and hold harmless the City from any claims made by the Contractor relating to the TV Work that are caused by Comcast; provided, Comcast at its sole expense shall have the right to defend any claims made by the Contractor relating to the TV Work if Comcast determines all or any part of the claim is not valid. These claims may include delays caused by installing the TV Work, delays caused by Comcast providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Comcast. B. 3' Party Utility Obligation. Comcast shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Comcast, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, Comcast expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of Comcast. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Comcast, its officers, agents, and employees. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Comcast- and -its elected and appointed- officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against Comcast caused by or relating to the Contractor's performance of the TV Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. 7. INSURANCE A. 3.d Party Utility Obligation. Comcast shall procure and maintain for the duration of the TV Work 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 Comcast its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of Comcast. The City shall be named as additional insured on the insurance policy. A copy of the endorsement naming the City as additional S:17TB Phase 2&3 95- RW031#.005 Design Review\Utilty Coordination\3rd Party Coordination AgreementsV lB Ph2&3 Comcast Coordination Agreement 06 25- 08.doc (Printed 6126/08) Page 5 of 9 insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of the TV Work. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. 13. Contractor Obligation The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project 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 the Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. Comcast shall be named as additional insured on the insurance policy. A copy of the endorsement naming Comcast as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. I) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no Less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to blanket contractual; productslcompleted operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not Less than $1,000,000 per occurrence and aggregate. 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 an 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 project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Comcast's obligation to relocate underground S:\TIB Phase 2&3 95- RW03W.005 Design Review\Utility Coordination\3rd Party Coordination Agreements \TIB Ph7&1 Comcast Coordination Agreement 06- 25- 08_doc (Printed 6/26/08) Page 6 of 9 utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise- required. Comcast shall retain the rights of exclusive use, regulation and control of the completed TV Work and full ownership of the TV Work including, but not limited to, the right to sell, transfer or assign its rights in and to the TV Work. 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 the 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. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. 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 otherwise agreed by both. parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is ernailed, delivery shall become effective upon an acknowledgment of receipt of the email. 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 affected party. 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 S:1TIB Phase 3 95- RWO31(!A05 Design Review\Utility Coordinationl3rd Party Coordination Agreements1T1B Ph7& 3 Comcast Coordination Agreement 06- 25- O8.doc (Printed 6/2608) Page 7 of 9 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 another. 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, 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. 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. S:1TIB Phase 2&3 95 -RW03 -005 Design RevievAUtdity Coordination\3rd Party Coordination Agreements \TIB Ph2&3 Comcast Coordination Agreement 06- 25 -08.doc (Printed 6/25/08) Page 8 of 9 IN WITNESS WHEREOF, the parties below have executed this Agreement. COMCAST CITY OF TUKWILA 1 i •ti by: Print Name f -Print Name: l// Title: Title:(Mavor� DATE: I 1 t(t'�S DATE: L Notices to be sent to: Notices to be sent to: COMCAST CITY OF TUKWILA Attn: Attn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 (email) Tukwila, WA 98188 (telephone) baiberson( ci.tukwifa.wa.us (facsimile) 206 433 -0179 (telephone) 206 -431 -3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney s: \TIB Phase 2&3 95- RW03W.005 Design Review\Utility Coordination\3rd Party Coordination Agreements \TIB Ph2&3 Comcast Coordination Agreement 06- 25- 08.doc (Printed 6/26/08) Page 9 of 9 TIB Ph213 (95- RW -03) Exhibit A JUT Scope of Work Firm Price Comcast The following Scope of Work will be included in the Tukwila project costs following the execution of a Coordination Agreement for the Project listed above. All 3 Party Utilities will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to specific 3 Parties as allowed by the Agreement and/or as detailed below. JUT Firm Price Includes Excavation and disposal of existing trench material. Installation of all conduits, vaults or termination fixtures per the Joint Utility Trench and Individual Trench sections provided in the final project drawings and JUT Firm Price detail below. Material cost and placement of Bedding and Backfill to the final plan grade. Restoration of all surface features for each typical trench section including: Driveway, Curb, Gutter, Sidewalk, Roadway Crossing, Conduit Risers, Conduit Stubs and Wall Penetrations. Temporary Erosion and Sedimentation Control for all installation activities (including maintaining NPDES permit monitoring) for the site during project construction. Traffic Control required during construction activities shown in the project plans. Design effort to include specifications, typical trench sections, route, type and size of conduits and structures (provided by the utility) in the contract drawings. Construction Management Services during construction (not including primary inspection by the 3 Party Utility). Notice of Completion of the Underground Conduit System ready for cable installation. JUT Firm Price Excludes Costs to resolve any conflict with existing facilities not accurately located by the 3rd Party Utility during the design process. Modifications to the work required due to Changed Conditions, Utility requested Change Order, or conflict with existing utilities not accurately represented in the design. Cost of specific communication materials or equipment including: Fiber Optic or other communication cable, conduits, bends, fittings, fixtures, vaults, splice enclosures, innerduct or any other equipment not included in the City's final contract plans or specifications. Cost to place new or existing communication systems within the new underground facilities, cut over any existing above ground services, and remove existing above ground facilities. Any impact to the contractors schedule caused by the 3 Party Utility not completing their work within the timeftame required in the Coordination Agreement, subject to the specific notification procedures of the Agreement. S:\TIB Phase 2&3 95- RW03bl.005 Design Review \Uti cy Coordination43rd Party Coard'nafion Agreements\TIB Ph2&3 Comcast Coordination Agreement Exhibit A Updated.doc 061262008 Page 1 oft Note The 3` Party Utility will be given the option to perform any required Additional Work with their own forces, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the 3r Party Utility if the Additional Work delays the project completion date and the 3 Party Utility could have anticipated and avoided the delay. The impact will be charged to the --3'-Party Utility at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. `%V _;T w. jM a.��.��i� Comcast Quantity Units Structures 2436 5 ea Conduit 4" 16301f 2" 1801f Other Risers /Stubllntercept 4 ea Wall Penetrations 1 ea .JUT Firer Price Comcast* 27,858 For specific scope of work see attached narrative S:%TIB Phase 2&3 95 -RW03W -005 Design ReviewlUtility Coordinationl3rd Party Coordination Agreements\TfB Ph7 &3 Comcast Coordination Agreement Exhibit A -Updat d.doc 06/26/2008 Page 2 oft TIB Ph2 /3 (95- RW -03) Exhibit B Underground Project Work Timeline and Schedule Comcast 1) 3 Party Utilities will be provided a minimum of sixty (60) days written Notice of Pending Conflict by the City's Contractor for all known utilities, which require removal or relocation to avoid hindering the progress of project construction. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new wires, cables, pipelines or other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given -a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract, which is required to facilitate the relocation is in place. Note All time intervals will be measured in Calendar days. S:1T1B Phase 2&3 95- RWO3W.005 Design ReviewlUtility Coorlinationl3rd Party Coordination AgreementslTIB Ph2&3 Comcast Coordination Agreement Exhibit B.doc 06126t1008 Page 1 of 1 COORDINATION AGREEMENT WITH COMCAST CORPORATION (ACTING FOR AT &T LOCAL NETWORK SERVICES) REGARDING FIBER OPTIC FACILITY ADJUSTMENTS IN CONJUNCTION WITH TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW -03) THIS AGREEMENT is entered into between the CITY OF TUKWILA,- aWashington municipal corporation "City and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC (Acting for AT &T/LNS), a Delaware limited liability company "Comeast/LNS ")(individually a "Party" and collectively the "Parties RECITALS WHEREAS, the City is making right -of -way improvements "City Work to Tukwila International Blvd between 8139th and 8116th Way; and WHEREAS, Comcast/LNS has certain fiber optic infrastructure that will be affected by the planned improvements "FO Work and will need to be relocated or adjusted in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the FO Work into one construction project (the "Project" or "Project Work whereby the right -of -way pavement will be disturbed only once. NOW THEREFORE, in consideration of the tenns and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor "Contractor for the construction of the FO Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2&3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. COMCASTILNS 1) Comcast/LNS shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the FO Work. The drawings shall show in detail the location, quantity, and size of the conduits, cable vaults, service connections and risers or special termination structures. 2) Comcast/LNS shall review the portion of the Project's final drawings and specifications for the FO Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within S \TIB Phase 2&3 95- RWO3\f0.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2&3 Comeast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6/26/0B) Page 1 of 9 i g ?..A6 the prescribed review period will signify Comcast/LNS's approval of the final contract documents. 3) Comcast/LNS shall provide the inspection services needed for overseeing the proper installation of the FO Work. Comcast/LNS's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4)__ Corricast/LNS shall_furnish all materials, exclusive of common bedding and backfill, required to complete the FO Work consistent with the requirements of Exhibit A JUT Scope of Work Firm Price. 5) Comcast/LNS shall notify its customers of the Project, perform any system shut downs necessary for the FO Work, and notify its customers of any scheduled service interruptions related to the Project. 6) Comcast/LNS shall remove, adjust, relocate, and/or reinstall any existing fiber optic cables or facilities, which are owned, operated, or leased by Comcast/LNS and are in conflict with the proposed City Work, within the timeline described in Exhibit B Timeline and Schedule. 7) Comcast/LNS shall maintain continued coordination with the City regarding the performance of the FO Work. This coordination shall include but not be limited to the following: a. Comcast/LNS will attend the Project bid opening and pre construction meeting. b. City will provide Comcast/LNS a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Comcast/LNS will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the. Contractor's work schedule or- methods will have on Comcast/LNS's.customers. Any-changes required to The Contractor's schedule or methods to limit the adverse impacts to Comcast/LNS's customers will be negotiated in good faith through the City's contracting process. c. Comcast/LNS will attend weekly construction meetings. d. Comcast/LNS will evaluate completion of the FO Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within forty -eight (48) hours of Comcast/LNS receiving the Contractors Request for Payment from the City will signify Comcast/LNS acceptance of the work submitted for payment by the contractor for that period. 13. CITY 1) The City will incorporate Comcast/LNS's design for the FO Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project "Project Contract") to the lowest responsible bidder (the "Contractor The City shall administer the Project Contract and monitor the Contractor's activities. S: \TB Phase 2&3 95- RW031#.005 Design Revicw\Utility Coordinationl3rd Party Coordination Agreements\TB Ph2&3 Comcast -LN5 Coordination Agreement 06 25- 08.doc (Printed &26108) Page 2 of 9 2) The City will require the Contractor to install the FO Work in accordance with the Project's final plans and specifications. 3) The City will require the Contractor to provide Comcast/LNS sixty (60) days written notice for removal of existing fiber optic facilities within the Project boundary, which are known to be in conflict with proposed work. 4. The City wi1L. ro vide Comcast/LNS with not less than five workn i days written ty p O g s w y- notice prior to the start of the FO Work to allow ComcastfLNS's scheduling of the on -site Inspector. 5) The City will schedule and attend weekly construction meetings with the City's Contractor, Comcast/LNS, and other franchise utilities involved in the Project. 6) The City will provide Comcast/LNS the Contractor's Request for Payment for the FO Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City and Comcast/LNS will divide responsibility for costs related to the FO Work as described below. A. Underground FO Installation. Comcast/LNS agrees to pay the cost that the City incurs for constructing the FO Work as listed in the JUT Scope of Work Firm Price in Exhibit A. a Adjustments and Relocations. Comcast/LNS agrees to pay the actual costs the City incurs for adjustments and relocations of Comcast/LNS fiber optic service lines throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Comcast/LNS agrees to pay any additional expenses incurred in installing the FO Work due to Changes initiated or approved by Comcast/LNS. Any changes to the FO Work perceived as necessary by the Contractor and any Change Orders therefore must be approved in writing by Comcast/LNS in advance of such changes to the Work. D. Consultant Costs and Construction Management Services. Comcast/LNS agrees to pay the actual cost that the City incurs, including consultant costs, inspection coordination, and impacts to the overall project, for incorporating Additional Work into the project scope on XO "s behalf and approved by XO Communications. "Additional Work" shall be defined as work not included in the JUT Scope of Work and Firm Price in Exhibit A E. Invoice. The City will invoice Comcast/LNS for 50% of the amount listed in Exhibit A, JUT Firm Price, upon finalizing this agreement, approval of the fmal plans and specifications for the FO Work and obtaining a satisfactory bid for the Project Work. The remaining 50% of the Firm Price amount will be invoiced upon 50% completion of the JUT facilities. Comcast/LNS agrees to pay the City within forty -five (45) days of receiving each of these invoices. Failure to pay on time may result in a Stop Work Order being issued for the FO Work and possible claims of delay by the contractor. s'1TIB Phase 2&3 95- RWO31i1.005 Design ReviewWtility Coordination'3rd Party Coordination Agreements \TEB Ph2&3 Corncast -INS Coordination Agreement G6-25-08 doe (Printed 6/26/08) Page 3 of 9 F. Final Acceptance. The City shall provide Comcast/LNS with written notice of completion of the FO Work. The Comcast/LNS inspector shall perform- final inspection of the FO Work within five (5) days of written notice. Comcast/LNS shall, within forty eight (48) hours of its final inspection, provide to the City written final acceptance of the FO Work, or, alternatively, provide an itemized and detailed response why final acceptance of the FO Work cannot be given. If Comcast/LNS fails to respond to the City within the prescribed timeline, Comcast/LNS shall be deemed -to- -have -given -final acceptance of the FO Work. Upon final acceptance of the FO Work, the City shall assign its rights under the Project Contract relating to the FO Work to Comcast/LNS, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the FO Work. The City shall also require the City's Contractor, as a condition of the Project Contract, to provide a bond at Comcast/LNS's cost to insure that the FO Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work Contcast/LNS reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, Comcast/LNS shall be deemed to have waived this right as to any part of the FO Work that has been accepted by Comcast/LNS. This waiver shall not waive any claim by Comcast/LNS against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed FO Work following Comcast/LNS acceptance. Defective, incomplete 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/LNS's written approval. H. As -Built Drawings. The City shall provide Comcast/LNS with "as built" drawings for the FO Work following the City's final acceptance of the Project Work. 4. WITHDRAWAL FROM AGREEMENT Should any utility involved in the Joint Utility Trench "JUT Work exercise it's write to reject the final project drawings and specifications in accordance with section 2 -A(2) above the City may, at its sole discretion, terminate this agreement upon written notice to all utilities in the JUT. Should the City elect not to proceed with award of the contract for the Project Work within nine months of the date of this agreement this agreement shall terminate. Comcast/LNS shall be responsible to reimburse the City for its reasonable costs related to the FO Work through the date of termination. 5. CHANGES After the City executes a contract with the Contractor, Comcast/LNS shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Comcast/LNS of this price. Prices supplied for Comcast/LNS change orders may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of the WSDOT Standard Specifications. Comcast/LNS shall have two (2) business days from receiving the price from the City within which to respond to the City. If Comcast/LNS S: \TIB Phase 2&3 95- RWO31#.005 Design Review\Utility Coordinationl3rd Party Coordination Agreements'TIB Ph2&3 Comcast -LNS Coordination Agreement 0625 -08.doc (Printed 6/26103) Page 4 of 9 chooses not to accept the Contractor's price then this work shall only be performed by Comcast/LNS according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDEMNIFICATION -A.. Claims. __Comcast/LNS shall be liable for, defend, indemnify and hold harmless the City from any claims made by the Contractor relating to the FO Work that are caused by Comcast/LNS; provided, ComcastfLNS at its sole expense shall have the right to defend any claims made by the Contractor relating to the FO Work if ComcastlLNS determines all or any part of the claim is not valid. These claims may include delays caused by installing the FO Work, delays caused by Comcast/LNS providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Comcast/LNS. B. 3 Party Utility Obligation. Comcast/LNS shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Comcast/LNS, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, Comcast/LNS expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of Comcast/LNS. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. Ta the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of ComcastfLNS, its officers, agents, and employees. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Comcast/LNS and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against Comcast/LNS caused by or relating to the Contractor's performance of the FO Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. S:ITIB Phase 2&3 95- RW03W.005 Design Reviewttitility Coordinationl3rd Party Coordination Agreements\T[B Ph2 &3 Corncast -LNS Coordination Agreement 06- 25- 08.doc (Printed 5126108) Page 5 of 9 7. LNSURANCE A. 3rd Party Utility Obligation. Comcast/LNS shall procure and maintain for the duration of the FO Work 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._ComcastILNS its agents, representative,empinyees,_ subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of Comeast/LNS. The City shall be named as additional insured on the insurance policy. A copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of the FO Work. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability, insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability, and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project 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 the. Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. Comcast/LNS shall be named as additional insured on the insurance policy. A copy of the endorsement naming Comcast/LNS as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. S:\TIB Phase 2 &3 95- RW031#.005 Design Review\Utility Coordinationk3rd Party Coordination Agreements\TIB Ph2&3 Comcast -LNS Coordination Agreement 06- 25- 02.doc (Primed 6/26108) Page 6 of 9 8. FRANCHISE AGREEMENT The City and ComcastlLNS agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Comcast/LNS, and the City and Comcast/LNS expressly __—_herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Comcast/LNS's participation in the project contemplated in this Agreement, ands very participation in this Agreement, shall in no event be construed as a waiver of ComcasdLNS's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise required. Comcast/LNS shall retain the rights of exclusive use, regulation and control of the completed FO Work and full ownership of the FO Work including, but not limited to, the right to sell, transfer or assign its rights in and to the FO Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local Iaws, rates 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 the Contractor under any of the provisions of this Agreement, resolution of that dispute shad be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. 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 otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. 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 affected party. 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 S:1TIB Phase 2&3 95- RW031fl.005 Design ReviewltJtifity Coordinatiionl3rd Party Coordination Agreements\TIB Ph2&.3 Comcast -LNS Coordination Agreement 06- 25 -08.doe (Printed 5126108) Page 7 of 9 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 anoiher. L 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, 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. 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. S:1TIB Phase 2&3 95- RWO3V1.O05 Design ReviewlUtility Coordinatian13rd Party Coordination Agreements\TIB Ph2&3 Comcast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6/16148) Page 8 of 9 IN WITNESS WHEREOF, the parties below have executed this Agreement. Com as CITY OF TUKWILA by: Print Name: Print Name: Title: AO Title:(Mavor) DATE: 7//1 0 g DATE: Notices to be sent to: Notices to be sent to: ComcastfLNS CITY OF TUKWILA Attn: Attn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 (email) Tukwila, WA 98188 (telephone) baibersoneci.tukwila.wa.us (facsimile) 206- 433 -0179 (telephone) 206- 431 -3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney S :1TIB Phase 2&3 95- RWO3W#.005 Design Review\Utility Coordinationl3rd Party Coordination Agreements\TIB Ph2 &3 Comcast -LNS Coordination Agreement 06- 25- O8.doe (Printed 6/26/08) Page 9 of 9 TIE Ph2 /3 (95- RW -03) Exhibit A JUT Scope of Work Firm Price Comcast/LNS The following Scope of Work will be included in the Tukwila project costs following the execution of a Coordination Agreement for the Project listed above. All 3rd Party Utilities will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to specific 3rd Parties as allowed by the Agreement and/or as detailed below. JUT Firm Price Includes Excavation and disposal of existing trench material. Installation of all conduits, vaults or termination fixtures per the Joint Utility Trench and Individual Trench sections provided in the final project drawings and JUT Firm Price detail below. Material cost and placement of Bedding and Backfill to the final plan grade. Restoration of all surface features for each typical trench section including: Driveway, Curb, Gutter, Sidewalk, Roadway Crossing, Conduit Risers, Conduit Stubs and Wall Penetrations. Temporary Erosion and Sedimentation Control for all installation activities (including maintaining NPDES permit monitoring) for the site during project construction. Traffic Control required during construction activities shown in the project plans. Design effort to include specifications, typical trench sections, route, type and size of conduits and structures (provided by the utility) in the contract drawings. Construction Management Services during construction (not including primary inspection by the 3 Party Utility). Notice of Completion of the Underground Conduit System ready for cable installation_ JUT Firm Price Excludes Costs to resolve any conflict with existing facilities not accurately located by the 3 Party Utility during the design process. Modifications to the work required due to Changed Conditions, Utility requested Change Order, or conflict with existing utilities not accurately represented in the design. Cost of specific communication materials or equipment including: Fiber Optic or other communication cable, conduits, bends, fittings, fixtures, vaults, splice enclosures, innerduct or any other equipment not included in the City's final contract plans or specifications. Cost to place new or existing communication systems within the new underground facilities, cut over any existing above ground services, and remove existing above ground facilities. Any impact to the contractors schedule caused by the 3` Party Utility not completing their work within the timeframe required in the Coordination Agreement, subject to the specific notification procedures of the Agreement. S:\TIB Phase 213.3 45- RW03Vt.005 Design Review\Utility Coordinationl3rd Party Coordination Agreements\TLB Ph2&3 Comcast -LNS Coordination Agreement Exhibit A- Final.doc 06/26)2008 Page I of 2 Note The rd Party Utility will be given the option to perform any required Additional Work with their own forces, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the 3 Party Utility if the Additional Work delays the project completion date and the 3 Party Utility could have anticipated and avoided the delay. The impact will be charged to the 3 Party Utility at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. i =i Q f Eosf' wry r =ate Comcast/LNS Quantity Units Structures 253 TA 2 ea Conduit 4" 810If 2" 0 If Other Risers/Stub/Intercept 2 ea Wall Penetrations 0 ea Total Firm Price Corncast/LNS" 18,801 For specific scope of work see attached narrative S_1TIB Phase2&3 95- RW03S#. 005 Design Review\Utility Coordination13rd Party Coordination Agreements=T[B Ph2&3 Comeast -LNS Coordination Agreement Exhibit A- Final.doc 06/26/2008 Page 2 of 2 TI13 Ph2J3 5- RW -03) Exhibit B Comcast/LNS Underground Project Work Timeline and Schedule 1) 3 rd Party Utilities will be provided a minimum of sixty (60) days written Notice of Pending Conflict by the City's contractor for all known utilities which require removal or relocation to avoid hindering the progress of project construction. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new wires, cables, pipelines or other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract designed to accept the relocated utility is in place. Note All time intervals will be measured in Calendar days. S:1TIB Phase 2 &3 95- RW031/L005 Design RevievAUtitity Coor f ination13rd Party Coordination Agreements\TIB Ph2&3 Comcast -LNS Coordination Agreement Exhibit B.doc 06126/200$ Page I of 1 City of Tukwila iit Transportation Committee jig TRANSPORTATION COMMITTEE Meeting Minutes September 23, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Bob Giberson, Gail Labanara, Pat Brodin, Cyndy Knighton, Jon Harrison, Mike Ronda, Frank Iriarte and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:07 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Urban Center Transit Center Supplemental Agreement #4 Phase I Design Staff is seeking full Council approval of Supplemental Agreement #4 in the amount of $153,754 with IBI Group for additional design work on the Tukwila Transit Center Project. Supplemental Agreement #4 will support the development of design documents for the Transit Center providing design documentation and preliminary costs as well as environmental and geotechnical information that will allow for future design phases of the project. The IBI Group will complete approximately 30% design of the improved and expanded Transit Center in its existing location on the Westfield Southcenter Mall property. The funding for the remaining design is budgeted in 2009. UNANTMIOUS APPROVAL. FORWARD TO OCTOBER 13 COW FOR DISCUSSION. B. Andover Park West (Tukwila Pkwy to Strander Blvd) Supplemental Agreement #5 Desien Report Update Staff is seeking full Council approval of Supplemental Agreement #5 in the amount of 5165,755 with IBI Group for an updated design report for Andover Park West street improvements. Due to overlapping design needs and the proximity of the Transit Center to the Andover Park West improvements, this project is closely related to the Transit Center item discussed above. The IBI Group will update the design report originally provided for improvements of Andover Park West in November 1991. The update will clarify the final design for the road project and will consolidate duplicate engineering efforts from the Transit Center into a single engineering team providing for project efficiency. Consolidation of this work with parallel work required in the above agenda item will potentially reduce fees by $30,000. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13 COW FOR DISCUSSION. C. Tukwila International Boulevard Phase II III Third Party Utility Coordination Agreements Staff is seeking full Council approval for the Mayor to enter into two third party utility Coordination Agreements with Comcast Cable Communications Management LLC for Phases II and III of the TM Street i Improvement Project. These two agreements are for two separate services that Comcast provides; one is for cable TV services and the other is for fiber optic infrastructure. The agreements call for utility relocation including time limits and cost distribution. Costs associated with the relocation are directly reimbursable by Comcast and are not part of the project budget. Transportation Committee Minutes September 23, 2008 Pace 2 At the August 12, 2008, Transportation Committee meeting, staff discussed some of the project challenges involving utility coordination and relocation. In response to that discussion, staff reported that the City currently has a franchise agreement with Seattle City Light, and therefore, there is no need for a separate coordination agreement regarding utility relocation. Unfortunately, the City does not have a franchise agreement with Qwest, and Qwest is not willing to enter into a project specific coordination agreement with the City. Qwest is required to relocate the facilities as allowed by law. Staff will continue to provide updates on the situation. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13 COW FOR DISCUSSION. D. Minkler Shoo Re- Roof Buildinn B Proiect Completion and Acceptance Staff is seeking full Council acceptance for project completion and release of retainage for Building B Re- Roof of the Minkler Shop. The project ran slightly over the original contract cost due to one change order. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 6 CONSENT AGENDA. III. ANNOUNCEMENTS No announcements. W. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Tuesday, October 14, 2008 5:00 p.m. Conference Room 1 4 Committee Chair Approval Minutes by KAM. Reviewed by GL.