HomeMy WebLinkAboutReg 2018-07-16 Item 4E - Memorandum of Agreement - 53rd Avenue South Residential Street Improvements with Comcast for $2,428,504.03 (Plus Tax)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date 1
Prepared by 1
Mayor's review
Council review
07/16/18 1
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❑ Ordinance
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❑ Public Hearing
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SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PIF
SPONSOR'S Part of the 53rd Ave S residential street improvements include undergrounding the
SUMMARY electrical distribution system. Part of the undergrounding includes Comcast facilities.
Negotiations for cost sharing has Comcast paying 25% of the joint utility trench, which is
estimated to be $97,450.91. The MOA amounts are based on the bid results, but will be
adjusted with the final construction costs. Council is being asked to approve the
Memorandum of Agreement with Comcast.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte
❑ Utilities Cmtc ❑ Arts Comm.
DATE: 07/09/18
1
Comm.
CHAIR:
►1 Transportation
1
❑ Parks
COMMITTEE
1
I
ITEM INFORMATION
ITEM NO.
4E
STAFF SPONSOR: HENRY HASH
` ORIGINAL AGENDA DATE: 07/16/18
AGENDA ITEM TITLE 53rd Ave S Residential Street Improvements
Memorandum of Agreement with Comcast
CATEGORY ❑ Discussion
A1tg Date
►1
Motion
Date 07/16/18
❑ Resolution
lbltg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PIF
SPONSOR'S Part of the 53rd Ave S residential street improvements include undergrounding the
SUMMARY electrical distribution system. Part of the undergrounding includes Comcast facilities.
Negotiations for cost sharing has Comcast paying 25% of the joint utility trench, which is
estimated to be $97,450.91. The MOA amounts are based on the bid results, but will be
adjusted with the final construction costs. Council is being asked to approve the
Memorandum of Agreement with Comcast.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte
❑ Utilities Cmtc ❑ Arts Comm.
DATE: 07/09/18
F&S Cmte
Comm.
CHAIR:
►1 Transportation
Cmtc
❑ Parks
COMMITTEE
❑ Planning Comm.
THOMAS MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$97,450.91 $0.00 $0.00
Fund Source: 103 RESIDENTIAL STREETS (PAGE 3, 2017 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/16/18
MTG. DATE
ATTACHMENTS
07/16/18
Informational Memorandum dated 07/06/18
MOA with Comcast Cable Communications Management, LLC
2017 CIP, page 3
Minutes from the Transportation & Infrastructure Committee meeting of 07/09/18
31
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director ////,
BY: Ryan Larson, Senior Program Manager
CC: Mayor Allan Ekberg
DATE: July 6, 2018
SUBJECT: 53rd Avenue South (S 144th St to S 137th St)
Project No. 99410301
Memorandum of Agreement - Comcast
ISSUE
Approve the Memorandum of Agreement with Comcast for construction cost sharing to underground
the Comcast Cable Communications system as part of the 53`d Avenue South Project.
BACKGROUND
The 53rd Avenue South Project will construct roadway, drainage, sidewalks, illumination, water and
sewer upgrades, and undergrounding of overhead utilities between S 137th St and S 144th St. The
project design team worked with utility providers including Comcast to incorporate their system
requirements and design into the City's project. Negotiations between staff and Comcast resulted in the
attached Memorandum of Agreement to cost share the undergrounding portion of the project.
ANALYSIS
The costs for the City to install Comcast facilities as part of the City's roadway project will be
reimbursed by Comcast based on the different components of the Comcast system being installed.
Comcast will pay 25% of the joint utility trench costs based on a 25% Comcast utilization. Comcast will
reimburse the City for the installation of Comcast provided and City installed vaults. The City will install
Comcast provided conduits within the joint utility trench and on private property at no cost to Comcast.
Comcast will pay a prorated cost share for surveying and traffic control based on their utilization cost
percentage of the joint utility trench.
FINANCIAL IMPACT
The total Comcast cost share that will be reimbursed to the City is estimated to be $97,450.91, including
tax. The final cost share will be based on final bid quantities installed and any approved changes. Both
the City and Comcast benefit from the use of the joint utility trench to reduce overall project costs and
impacts that would have incurred if separate contractors were used.
RECOMMENDATION
Council is being asked to authorize the Mayor to execute the Memorandum of Agreement with Comcast
for the 53rd Avenue South Project and consider this item on the Consent Agenda at the July 16, 2018
Regular Meeting.
Attachments: Memorandum of Agreement by and between Comcast and the City of Tukwila
Page 3, 2017 CIP
33
WPW EngIPROJECTSW- RW & RS Projectsl53rd Ave S (99110301)1DesignitlAlities\Comcast1TIC Info Memo - Comcast Agreementdocv
MEMORANDUM OF AGREEMENT
Between the City of Tukwila and Comcast
for the 53rd Avenue South Project —
(S 137'x' 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 I44'h 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:
JOINT TRENCH AGREEMENT— Page I of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53"' Ave S. project)
35
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. l44i11 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.
JOINT TRENCH AGREEMENT— Page 2 of 10 (June 21. 2018)
(between City of Tukwila and Corneas! Re: 53"1 Ave S. project)
36
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,
JOINT TRENCH AGREEMENT— Page 3 of 10
(between City of Tukwila and Comcasl Re: 53' Ave S. project)
(June 21, 2018)
37
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
COMCAS F, 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 incunned by Comcast
hereunder. "Additional Costs" shall mean al! reasonable costs, including legal costs and attomey
JOINT TRENCH AGREEMENT— Page 4 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53''.4ve S. project)
38
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.
JOINT TRENCH AGREEMENT— Page 5 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53rd Ave S. project)
39
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 datnages 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, NEITIIER 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
JOINT TRENCH AGREEMENT— Page 6 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53' .4 ve S. project)
40
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
JOINT TRENCH AGREEMENT— Page 7 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53" Ave S. project)
41
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 terns 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
JOINT TRENCH AGREEMENT— Page 8 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53" Ave S. project)
42
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.
1. 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.
JOINT TRENCH AGREEMENT— Page 9 of 10 (June 21, 2018)
(between City of Tukwila and Comcast Re: 53'd Ave S. project)
43
IN WITNESS WHEREOF, the Parties below have executed this
Agreement.
COMCAST CABLE COMMUNICATIONS CITY OF TUKWILA
MANAGEMENT, LLC
Print Name: Print Name:
Title: Title:
DACE 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
Puyallup, WA 98371
Attn: Bill Walker
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
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
P \Crv,PFILESkOpenFiles'41177.1005U0 tTrenchAgrectnentlbnxest-MilnuyRnad doc
Tukwila City Attorney
JOINT TRENCH AGREEMENT— Page 10 of 10 (June 21, 2018)
(between City of Tukwila and Corneas! Re: 53rd Ave S. project)
44
Item Section
EXHIBIT A - Comcast Cost Share
Bid Tab 2/13/18 - SCI Infrastructure
Schedule A- (COMCAST ITEMS)
Description (7tv
Created: KPG - 3/26/18 (KA)
53rd Ave S Project
Item Section
Total Project 5CI Cost = $ 5,953,249.60
Schedule C - Joint Utility Trench Duct Bank (COMCAST ITEMS)
Description
58441 66 Sch A SubTotal
$8.441.66 Sch A Total
C1
1-04
...-- ,,,•�, LUn ipensa [MIRY] rcesponsIDlllry
A2
1-05
Roadway Surveying
1
LS
545,000.00
545,000.00
51,101.09
Highlighted Green Items/ Total Project Cost
A10
1-10
Project Temporary Traffic Control _
1
LS
5300,000.00
5300,000.00
57,340.57
Highlighted Green Items/ Total Project Cost
Item Section
Total Project 5CI Cost = $ 5,953,249.60
Schedule C - Joint Utility Trench Duct Bank (COMCAST ITEMS)
Description
58441 66 Sch A SubTotal
$8.441.66 Sch A Total
C1
1-04
Unexpected Site Changes
1
EST
525,000.00
525,000.00
w119pcuoa curl r\epuri lullity
Only if required for approved Comcast CO's
C3
8-31
Unsuitable Foundation Excavation Ind. Haul
230
CY
527.50
56,325.00
Only if required during Comcast owned
equipment installation
C4
8-31
Structure Excavation Class B Incl. Haul for Joint Utility Trench
4330
CY
$38.00
5164,540.00
.541,135.00'.,
50% SCL, 25% CTL, 25% Comcast
CS
8-31
Shoring or Extra Excavation, Class 0 for Joint Utility Trench
20600
SF
51.00
520,600.00
-55150.00.
50% SCL, 25% CTL, 25% Comcast
C6
8-31
Joint Utility Trench Pipe Zone Bedding, Incl, Haul - Communications
320
CY
$37.00
511,840.00
55,920.00
50% CTL, 50% Comcast
C7
8-31
Joint Trench Backfill, Ind. Haul - Communications
1000
CY
537.00
537,000.00
518,500.00 (
50% CTL, 50% Comcast
C8
8-31
Crushed Surface Base Course - Structures
430
TON
535.00
515,050.00
-53,762.50.
50% SCL, 25% CTL, 25% Comcast
C13
8-31
Resolution of Utility Conflicts for Joint Utility Trench
1
EST
525,000.00
525,000.00
Only if required for approved Comcast CO's
C23
8-31
Install Conduit, 2 In. Diem. - COMCAST
2000
LF
55.25
510,500.00
Comcast Furnish /City of Tukwila Trench
C24
8-31
Install Conduit, 4 In. Diam. - COMCAST
6500
LF
57.30
547,450.00.
Comcast Furnish /City of Tukwila Trench
C27
8-31
Conduit Riser - COMCAST
8
EA
585000
56,800.00
Comcast Furnish /City of Tukwila Trench
C29
8-31
Core Drill Existing Vault - COMCAST
2
EA
5415.00
$830.00
5830.00
Comcast
C40
8-31
Install Utility Structure, COMCAST 2436 Vault
1
EA
$200.00
5200.00
'...$200.00
Comcast
C41
8-31
Install Utility Structure, COMCAST 1419 Vault
5
EA
560.00
5300.00
. ;:5300.00 . .
Comcast
C42
8-31
Install Utility Structure, COMCAST 3048 Vautl
8
EA
5330.00
52,640.00
$2,640.00 ` -
Comcast
C43
8-31
Install Utility Structure, COMCAST 1730 Vault
6
EA
5200.00
51,200.00
51,200.00-.
Comcast
C44
8-31
Install Utility Structure, COMCAST Pedestal
2
EA
5200.00
5400.00
Comcast Furnish and Install/COT Trench
C45
8-31
Install Utility Structure, COMCAST 2436 Intercept Vault
1
EA
5200.00
5200.00
..: 5200.00.:'.;
Comcast
C46
8-31
Install Utility Structure, COMCAST 1419 Intercept Vault
1
EA
5650.00
5650.00
5650.00 -.,-
Comcast
C47
8-31
Install Utility Structure, COMCAST 3x5' Intercept Vault
1
EA
5430.00
5430.00
- 5430.00
Comcast
C50
8-33
Install Conduit, 2 In. Diam. - COMCAST Private Service
1600
LF
57.30
511,680.00
Comcast Furnish /City of Tukwila Trench
BI;1C7
0 0
00
5O 0
0
d0
JUT TRENCH SECTION BREAKDOWN
580.917.50 Sch C SubTotal
Washington State Sales Tax (10%) 58.091 75
589.009.25 Sch C Total
Grand Total $97,450.91 Tukwila will invoice Comcast this amount*
'finalized after completion of construction to account for actual
construction costs.
Assumptions: All work above within ROW except Bid
Item C50. All service conversion trenching and conduit
Installation are City Responsibility outside ROW.
Comcast responsible for pulling their cable ,hook-ups,
connections, and removal of existing equipment in and
outside of ROW.
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2017 to 2022
53rd Ave S (S 137th St - S 144th St) Project No. 99110301
Design and construct urban residential street improvements that include curb, gutter, sidewalk, undergrounding,
and illumination. Street will coordinate with Water $1.1m, Sewer $185k, and Surface Water $920k CIP projects.
Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization.
Undergrounding is included at this time.
Reduce pavement, shoulder, and drainage work.
State TIB grant for $2.14M for roadway and drainage. See additional pages in Enterprise funds under
53rd Ave S Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding
costs have been added to project. Bond for $2 million.
FINANCIAL
(in $000's)
Through Estimated
2015 2016 2017
2018
2019
2020
2021
2022
BEYOND TOTAL
EXPENSES
Design
83
107
3
193
Land (R/W)
2
98
100
Const. Mgmt.
435
435
870
Construction
1,050
1,050
2,100
Undergrounding
1,125
1,125
2,250
TOTAL EXPENSES
85
205
2,613
2,610
0
0
0
0
0
5,513
FUND SOURCES
Utilities W/S/SWM
25
25
Awarded TIB Grant
900
900
Remainder of grant in SWM
1,800
Seattle City Light
675
675
1,350
Bond
1,000
1,000
2,000
City Oper. Revenue
60
205
38
35
0
0
0
0
0
338
TOTAL SOURCES
85
205
2,613
2,610
0
0
0
0
0
5,513
46 2017 - 2022 Capital Improvement Program
3
Transportation & Infrastructure Committee Minutes July9, 2018
B. Resolution: Sale of Two Vehicles
Staff is seeking Council approval of a resolution that would surplus a 2007 Ford Crown Victoria
and a 2005 Honda GL1800 motorcycle and authorize the sale to the Town of Winthrop, WA in the
amount of $4,721.00. Selling the two police vehicles to another municipality saves the City the
cost of stripping the police lighting and equipment, estimated at around $3,504. UNANIMOUS
APPROVAL. FORWARD TO JULY 16, 2018 REGULAR CONSENT AGENDA.
C. Resolution: Surplus City Equipment
Staff is seeking Council approval of a resolution that would authorize the sale of 22 pieces of
surplus equipment. All are fully depreciated and currently valued at $47,300.00. Proceeds are
returned to the corresponding department. UNANIMOUS APPROVAL. FORWARD TO JULY 16,
2018 REGULAR CONSENT AGENDA.
D. Memorandum of Aereement: 53rd Avenue South (South 144th Street to South 137th Street)
Staff is seeking Council approval of a Memorandum of Agreement with Comcast for construction
*
cost sharing to underground the Comcast Cable Communications system on the 53rd Avenue
South Project. The project design team worked with utility providers to incorporate their system
requirements and design into the project. The costs for the City to install Comcast facilities will
be reimbursed by Comcast based on the different components of the system and the total cost to
be reimbursed is estimated to be $97,450.91. This agreement benefits both parties as it would be
inefficient to use separate contractors. UNANIMOUS APPROVAL. FORWARD TO JULY 16, 2018
REGULAR CONSENT AGENDA.
Miscellaneous: Sea Tac Airport Studv Budget Proviso
Staff updated the Committee on the status of the 2019 Budget Proviso for the SeaTac International
Airport Impact Study. Since the Committee was last briefed on June 25, the City of Federal Way has
agreed to contribute its share based upon the population distribution, although this has not been
formalized in writing yet. Staff will brief the full Council and ask if there is support for Tukwila's
contribution of $14,445.61 assuming Tukwila will give input into the scope as well as maintain an
independent relation with the Department of Commerce. The City of SeaTac will serve as the fiscal
agent on this project. FORWARD TO COMMITTEE OF THE WHOLE.
E. Change Order: 42"d Avenue South Phase III and Gilliam Creek Culvert Replacement
Staff is seeking Council approval of Change Order No. 3 with Active Construction, Inc. (ACI) in the
amount of $2,428,504.03 for the 42nd Avenue South Phase 111 and Gilliam Creek Culvert
Replacement Projects. If approved, this change order will resolve all outstanding claims and
disputes arising from unexpected issues such as excessive ground water, utility conflicts, and
weather. These challenges have resulted in construction delays and overruns, but substantial
completion is expected to remain close to the originally planned date this Fall. Change Order No.
3 was agreed to by all parties following much negotiation, and represents a "Cost Plus" philosophy
which means the contractor will be paid the true cost as well as a percentage, in this case 14%, for
their profit. Settling the project in this manner wilt save around $1 million. Funds for additional
costs will come from the 104 Fund, Utilities, and Surface Water. Councilmember McLeod asked how
the Surface Water fund will be impacted, and staff replied that there will still be money available
for projects, although not as many as planned. Staff has already seen the benefit of this approach
and communicating well with the contractor. UNANIMOUS APPROVAL. FORWARD TO JULY 9,
2018 COMMITTEE OF THE WHOLE.
47