HomeMy WebLinkAboutReg 2018-09-17 Item 3E - Memorandum of Agreement - 53rd Avenue South (South 144th Street to South 137th Street) with CenturyLink for $91,535.22 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 09/17/18
AGENDA ITEM TITLE 53rd Ave S Residential Street Improvements
Memorandum of Agreement with CenturyLink
CATEGORY ❑ Discussion ®Motion ❑ Resolution ❑ Ordinance [' Bid Award ❑ Public Hearing ❑ Other
Mtg Date Mtg Date 09/17/18 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑Police ® PW
SPONSOR'S Part of the 53rd Ave S residential street improvements include undergrounding the
SUMMARY electrical distribution system. Part of the undergrounding includes CenturyLink facilities.
Negotiations for cost sharing has CenturyLink paying 25% of the joint utility trench, which
is estimated to be $91,535.22. 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 CenturyLink.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ® Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 09/10/18 COMMITTEE CHAIR: THOMAS MCLEOD
RECOMMENDATIONS:
SPONsoR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDTTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$91,535.22 $0.00 $0.00
Fund Source: 103 RESIDENTIAL STREETS(PAGE 3, 2017 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
09/17/18
MTG. DATE ATTACHMENTS
09/17/18 Informational Memorandum dated 09/07/18
MOA with Qwest Corporation d/b/a CenturyLink
2017 CIP, page 3
Minutes from the Transportation &Infrastructure Committee meeting of 09/10/18
31
32
o �z City of Tukwila Allan Ekberg, Mayor
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,..0\ Public Works Department-Henry Hash,Director
1906
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director ii-
BY: Ryan Larson, Senior Program Manager
CC: Mayor Allan Ekberg
DATE: September 7, 2018
SUBJECT: Residential Streets - 53rd Avenue South (S 144" St to S 137' St)
Project No. 99410301
Memorandum of Agreement - CenturyLink
ISSUE
Approve the Memorandum of Agreement with CenturyLink for construction cost sharing to
underground the CenturyLink Communications system as part of the 53rd 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 CenturyLink to incorporate their system
requirements and design into the City's 53rd Avenue South Project. Negotiations between City staff
and CenturyLink resulted in the attached Memorandum of Agreement to cost share the
undergrounding portion of the project.
ANALYSIS
The costs for the City to install CenturyLink facilities as part of the City's roadway project will be
reimbursed by CenturyLink based on the different components of the system being installed.
CenturyLink will pay 25% of the joint utility trench and backfill costs based on a 25% utilization.
CenturyLink will reimburse the City for 50% of the communications trench shared with Comcast. The
City will install CenturyLink provided conduits and vaults within the joint utility trench and on private
property at no cost. CenturyLink 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 CenturyLink cost share that will be reimbursed to the City is estimated to be $91,535.22,
including tax. The final cost share will be based on final bid quantities installed and any approved
changes. Both the City and CenturyLink 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
CenturyLink for the 53rd Avenue South Project and consider this item on the Consent Agenda at the
September 17, 2018 Regular Meeting.
Attachments: Memorandum of Agreement
Page 3,2017 CIP
33
W:IPW EngIPROJECTSIA-RW&RS Projects153rd Ave S(99110301)IDesign\Utilities\CenturyLinkITIC Info Memo-CenturyLink Agreementdocx
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MEMORANDUM AGREEMENT
Between the City of Tukwila and CenturyLink
for the 53rd Avenue South—
(S 137th Street to S 144th)
THIS AGREEMENT ("Agreement"), is entered into between the City of Tukwila, a
Washington municipal corporation ("City" or "Tukwila"), and Qwest Corporation d/b/a
CenturyLink QC a Washington corporation("CenturyLink").
RECITALS
WHEREAS, the City is making right-of-way improvements to 53rd Ave S. between S.
137th St. and S. 144th St. (the "Project"); and
WHEREAS, Tukwila has determined that its street improvement project is a public
project and will necessitate the relocation and new construction of CenturyLink utility
infrastructure ("Facilities"), including but not limited to conduit, fiber, copper, handholes,
manholes, and surface markers, located within the boundaries of the Project; and
WHEREAS, CenturyLink currently maintains and operates its utility infrastructure within
the 53rd Ave. S. public right-of-way and
WHEREAS, CenturyLink acknowledges that Tukwila has given notice to CenturyLink
and Third-Party users of the necessity to remove existing aerial utility infrastructure along 53rd
Ave S.; and
WHEREAS, relocation requires trenching within the public right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities; and
WHEREAS, CenturyLink and Tukwila 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 in an efficient and cost-effective manner;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, to facilitate construction of a joint trench, the parties agree as follows:
AGREEMENT
1. SCOPE OF WORK
JOINT TRENCH AGREEMENT—Page 1 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53'Ave S.project)
35
The City has advertised for construction bids and entered into a contract with a
Contractor reasonably acceptable for the parties for the construction of a joint utility trench
which shall include CenturyLink Facilities, Comcast, and SCL power facilities. This joint utility
trench will be placed within the northbound lane of 53rd Ave. S. between S. 137th and S. 144th
St. in accordance with the Project plans.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired solely by the City to perform the work outlined in
Section 1 shall be referred to as "the Contractor" in this Agreement. The Contractor, pursuant to
a contract with the City, shall, as more fully detailed below, excavate the trench and install
CenturyLink Facilities, Comcast, and SCL power facilities, accommodate and coordinate the
installation of CenturyLink Facilities, install the bedding material, backfill and compact the
trench, and perform any restoration required by the City, all to be performed in a good and
workmanlike manner consistent with industry standards. The City represents that any such
contract shall further require of Contractor that the work be conducted in conformity with (i) the
applicable procedures and requirements of the parties as described herein; (ii) all applicable laws,
ordinances and regulations of any governmental authority, and; (iii) all applicable terms and
provisions of the National Electric Safety Code, as may be amended, supplemented or replaced
from time to time, including but not limited to those pertaining to protection and separation of
conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. CenturyLink shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for the
underground relocation of CenturyLink's Facilities. The drawings shall show in detail the
location and elevation of the conduits, trench, and vaults, and shall include a general traffic
control plan for activities not associated with installation of Facilities within the Contractor-
controlled open trench area.
B. Installation. CenturyLink shall furnish its conduit for installation by the
Contractor in the City-provided trench and shall furnish and deliver to the site all vaults for
installation by the Contractor in a timely manner as outlined in subsection 3.D. CenturyLink
shall furnish and install, with CenturyLink's own contractor, the CenturyLink copper cabling.
CenturyLink shall schedule all deliveries and work so as not to delay the Contractor. All rights,
title and interest in CenturyLink Facilities and associated equipment shall at all times remain
with CenturyLink. Parties hereto acknowledge and agree that CenturyLink shall in no event be
required to remove its respective, affected and abandoned facilities, prior to completion of its
underground Facilities, in accordance with this Agreement, as long as said installation is
completed in conformity with this Agreement. The City, by entering into this Agreement, is
granting CenturyLink a license to occupy the joint trench and public right-of-way in which the
Facilities will be placed, in accordance with any applicable franchise agreement or equivalent
JOINT TRENCH AGREEMENT—Page 2 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53"�Ave S.project)
36
with the City, and the City shall reasonably grant any further amendment, permit, or other
permission necessary for CenturyLink Facilities to occupy the joint trench and public right-of-
way. If any third-party consent is required for the CenturyLink Facilities to be installed in or
occupy the joint trench and public right-of-way, the City shall reasonably cooperate with
CenturyLink in obtaining such consent, at the cost of the City.
C. Traffic Control. The Contractor shall perform all traffic control associated with
installation of Facilities within the Contractor-controlled open trench area. CenturyLink shall be
responsible for providing traffic control during installation of facilities not associated with or in
the Contractor-controlled open trench area.
D. CenturyLink Coordination. The Contractor will excavate for and place
CenturyLink Facilities, excluding CenturyLink copper cabling that CenturyLink's contractor is
installing, in the trench including bedding and backfill. CenturyLink shall reasonably maintain
continued coordination with the Contractor regarding the installation of CenturyLink's Facilities.
This coordination shall include but not be limited to the following:
1. Timing of when and where CenturyLink materials will be delivered on-site.
2. The Contractor shall provide CenturyLink weekly scheduling notifications.
3. CenturyLink shall coordinate closely with the Contractor to provide all
necessary materials required for installation of the CenturyLink Facilities 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. CenturyLink agrees to pay the City a reasonable 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 are estimated based on the Contractor bid amount and shown in Exhibit A.
Trench costs will be finalized after completion of construction to account for actual trench costs.
Notwithstanding any other term or condition of this Agreement, the total trench costs to be
allocated to CenturyLink shall not increase by more than 10% of the estimated trench costs
allocated to CenturyLink in Exhibit A.
B. Survey. CenturyLink 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 CenturyLink Facilities.
JOINT TRENCH AGREEMENT—Page 3 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53rd Ave S.project)
37
C. Traffic Control. CenturyLink agrees to pay the City a proportionate share of
traffic control costs related to the Contractor-controlled open trench areas where CenturyLink
Facilities are present. The proportionate share shall be based on trench usage as shown in
Exhibit A. Notwithstanding any other term or condition of this Agreement, the total traffic
control costs to be allocated to CenturyLink shall not increase by more than 10% of the
proportionate share of traffic control costs allocated to CenturyLink in Exhibit A. CenturyLink
shall be responsible to pay for all traffic control, if any, during the installation of CenturyLink
Facilities if such traffic control costs are not associated with the Contractor-controlled open
trench area.
D. Additional Expenses. CenturyLink agrees to pay its proportionate share of
additional expenses reasonably incurred due to all CenturyLink's approved change requests
requiring additional trench depth or width and for unforeseen conditions, including but not
limited to dewatering for ground water. CenturyLink will not pay for any share of additional
expenses incurred due solely to approved change requests from other third-parties, private
utilities, and/or the City. Notwithstanding any other term or condition of this Agreement, the
total additional costs to be allocated to CenturyLink shall not exceed $10,000.00 without mutual
consent of the parties.
E. Facilities. CenturyLink agrees to pay for the installation of its Facilities
separately and in addition to any trench costs discussed above; notwithstanding, the City and
CenturyLink agree that CenturyLink shall procure and install, through CenturyLink's own
contractor, CenturyLink's copper cabling. These Facility installation costs shall be preliminarily
determined from the bid price accepted by the City. Notwithstanding any other term or condition
of this Agreement, the total Facility installation costs to be allocated to CenturyLink shall not
increase by more than 10% of the total Facility installation costs allocated to CenturyLink in
Exhibit A.
F. Invoice. CenturyLink agrees to pay the City within sixty (60) days of being
invoiced by the City for amounts which CenturyLink has agreed to pay under this Agreement.
G. Defective or Unauthorized Work. CenturyLink reserves the right to withhold
payment from the City or any other party for any defective or unauthorized work performed by
the Contractor or any other part on the Project. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this Agreement
or the reasonable requirements of CenturyLink and extra work and materials furnished without
CenturyLink's approval. If for any reason it is necessary to satisfactorily complete any portion
of the work, CenturyLink may complete the work using its own means at its expense.
5. CHANGES.
CenturyLink shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit such requests to the Contractor, obtain the estimated costs from the
JOINT TRENCH AGREEMENT—Page 4 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53'Ave S.project)
38
Contractor to perform the work, and notify CenturyLink of the costs. CenturyLink shall then
have five (5) business days from the time it receives the costs from the City, within which to
respond in writing or electronic mail. If CenturyLink chooses not to accept the Contractor's
price, then this work shall only be performed by CenturyLink according to a mutually agreed
upon schedule with the Contractor so as not to cause unreasonable delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each CenturyLink and the City shall defend, indemnify and hold the other party, their
officers, officials, employees and agents harmless from any and all claims, injuries, damages,
losses or suits including all legal costs and attorneys' fees, arising out of or in connection with
the parties' respective performance of this Agreement or to the extent arising out of or resulting
from the negligence or willful misconduct of either the City or CenturyLink or their respective
agents, employees, officers, officials, directors, contractors or subcontractors. Notwithstanding
any other terms or conditions of this Agreement, the indemnification obligations in this
Agreement shall not be applicable to any claims to the extent caused by the negligence or willful
misconduct of an indemnified party or their respective agents, employees, officers, officials,
directors, contractors or subcontractors. Notwithstanding any other provision of this Agreement
to the contrary, neither party shall be liable to the other party for any special, incidental, indirect,
punitive or consequential damages.
Further, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
parties, their respective agents, employees, officers, officials, directors, contractors or
subcontractors, a CenturyLink's or the City's liability hereunder shall be only to the extent of the
each's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this Section 6 shall survive the expiration or termination of this
Agreement.
No party, directly or indirectly, shall create or impose any lien based upon work or
materials provided for or on behalf of a respective party on the property of another, or on the
rights or title relating thereto, or any interest therein, or in this Agreement. Each party, subject to
each party's right to contest such a lien in good faith, 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 based upon work or materials provided for or on behalf of a respective party.
7. INSURANCE.
JOINT TRENCH AGREEMENT—Page 5 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53'Ave S.project)
39
The City, in its separate agreement with the Contractor, shall require that the Contractor
shall 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 the 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 three 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 insurable contractual, Products/Completed operations/broad form
property damage; explosion, collapse and underground (XCU); and employers liability.
Such insurance shall name CenturyLink, the City, its 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 CenturyLink, the City, its 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 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
and CenturyLink, 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. City shall require that the Contractor agrees to maintain
continuous uninterrupted insurance coverage, in at least the amounts required, for the
duration of the Contractor's work on the Project.
Deductibles/Certificate of Insurance
Any deductible of the policies shall not in any way limit Contractor's liability to the City and
CenturyLink.
A. Endorsements.
(1) All policies shall contain, or shall be endorsed so that:
(a) CenturyLink, the City, its officers, officials, boards, commissions,
employees and agents are to be covered as, and have the rights of,
JOINT TRENCH AGREEMENT—Page 6 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53"'Ave S.project)
40
additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Contractor under the contract between the
City and the Contractor;
(b) Contractor's insurance coverage shall be primary insurance with respect
to CenturyLink, the City, its officers, officials, boards, commissions,
employees and agents. Any insurance or self-insurance maintained by
CenturyLink, the City, its officers, officials, boards, commissions,
employees and agents shall be in excess of the 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 CenturyLink and 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 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 CenturyLink agree that as to future projects outside of the scope of this
Agreement, by entering into this Agreement neither party has waived any rights it may have
under any existing franchise agreement between the City and CenturyLink or provided by law,
and the City and CenturyLink expressly herein reserve such rights.
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 under any of
JOINT TRENCH AGREEMENT—Page 7 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53'd Ave S.project)
41
the provisions of this Agreement, resolution of that dispute shall be available in the Federal
Court local to King County, Washington, and if subject matter jurisdiction does not exist, then in
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, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 6 of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent, via
certified mail, postage prepaid, to the parties at the addresses listed on the signature page of this
Agreement, unless otherwise notified. Any written notice shall become effective upon delivery
or refusal.
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 term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. Further, it is understood and
agreed that no agency, employment, joint venture, co-employer, owner/contractor,
client/contractor, or partnership is created between CenturyLink and the Contractor or any of the
Contractor's employees, subcontractors, or agents 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 another.
I. Force Majeure. Parties to this Agreement 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 third-party 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.
JOINT TRENCH AGREEMENT—Page 8 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53rd Ave S.project)
42
H. Assignment. Neither party shall assign any portion of its duties contemplated by
this Agreement without the written consent of the other party.
I. Record Keeping and Reporting. Each party shall maintain accounts and records,
including personnel, property, financial and programmatic records which sufficiently and
properly reflect all direct and indirect costs of any nature expended and services performed in the
performance of this Agreement and other such records as may be deemed necessary by the City
or CenturyLink to ensure the performance of this Agreement. These records shall be maintained
for a period of seven (7) years after termination hereof unless permission to destroy them is
granted by the office of the archivist in accordance with RCW Chapter 40.14.
J. Audits and Inspections. Subject to the parties and any auditor or agent of a party
entering into a commercially reasonable non-disclosure agreement, the records and documents
with respect to all matters covered by this Agreement shall be subject at all times to inspection,
review or audit by law during the performance of this Agreement, further subject to any and all
applicable privacy laws including 47 USC § 222.
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 or CenturyLink with regard to the Project, 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 with regard to the Project. 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 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53rd Ave S.project)
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
CENTURYLINK QC CITY OF TUKWILA
Print Name: Print Name:
Title: Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CenturyLink QC CITY OF TUKWILA
CenturyLink City of Tukwila Public Works
1208 NE 64th St Rm 401, Seattle, WA 98115 6300 Southcenter Blvd, Suite 100
Attn: Tung Lee 4th Floor Tukwila, WA 98188
(206) 641-3447 (Desk) Attn: Steve Carstens
(425) 641-6622 (Cell) (206) 431-2446 (Desk)
tune.le a?centurvlink.com (206) 433-0179 (Office)
With a copy to: APPROVED AS TO FORM:
CenturyLink
Mike Austin
Attention: Mike Austin Seattle Mgr.
1550 NEWPORT WAY NW
ISSAQUAH WA 98027 Tukwila City Attorney
JOINT TRENCH AGREEMENT—Page 10 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53'Ave S.project)
44
•
EXHIBIT A-CenturyLink Cost Share Created:KPG-3/26/18(KA)
Bid Tab 2/13/18-SCI Infrastructure 53rd Ave S Project
Schedule A-(CENTURYLINK ITEMS)
Joint Trench Agreement.Page II of 11
Item Section Description Qty Unit Price Total CenturyLink Compensation Responsibility
A2 1-05 Roadway Surveying I LS $45,000.00 S45.000.00 $125491 Highlighted Green Items/lotal Project Cost
A10 1-10 Project Temporary Traffic Control I LS 5300.000.00 3300.000.00 $8366.06 Highlighted Green Items/rota)Project Cost
59.620.97 Sch A SubTotal
$9,620.97 Sch A Total
Total Project SCI Cost= 5 5,953,249.60
Schedule C-Joint Utility Trench Duct Bank(CENTURYLINK ITEMS)
item Section Description Qty Unit Price Total CenturyLink Compensation Responsibility
Cl 1.04 Unexpected Site Changes 1 EST 535,000.00 523,000.00 Only if required for approved Ci L CO s
Only if required during CTL owned
C3 _ 8-31 Unsuitable Foordatio,Excavation Ind Haul 230 CY $27.50 S8323.03 equipment installation
CO 8-31 5tmchxe Excavation Class B Incl.Haul for Joint UEliry Trench 4330 CY $38.00 5164540.00 S41,135.00 50%SCL,25%CTL,25%Comcast
CS 8-31 Shoring or Extra Excaration.Class B for Joint UNly Trench 20600 SF S1.00 S30,600.00 $5,150.00 50%SCI.25%01,25%Comcast
Co 8-31 Joint Willy Trench Pipe Zone Bedding.Ind.Haul-Communications 320 CY S37.00 511.84000 S5930.03 30%CTI.,50%Comcast
C7 8-31 Join Trench Bac5tie,bd.Haul-Communications 1000' CY ' S37.00 S37,000.00 518.5D0.00 a0,b CI L,>Cr%Comcast
C8 8-31 Crushed Surface Base Course-Structures 430 TON 535.00 $15.05000 ' 53.762_50 -aCH$SCt.25%CT!.25%Comcast
C13 8-31 Resokmdn of Udty Conflicts for Jam Utey Trench 1- EST 525.000.00 S25.00200 Only if required for approved CTL CO's
C21' 8-31 Instal Conduit 2 In.Dam.-CENTURYLWK 2200 LF 5525 S11,550.00 CTL Furnish/City of Tukwila Install
C22 8-31 Instal Conduit 4 In.Dam.-CENTURYLINK 7400 LF S730 S54.020.00 CTL Furnish/City of Tukwila Install
C36 8-31 Condom Riser-CENTURVLWK 7 EA - $85000 65,950.00 CIL Furnish/City Of Tukwila Install
C28 8-31 Core Ore Existing Vault-CENTURYLINK 2 EA $415.00 S630.00 CTL Furnish/City of Tukwila Install
Cis 8-31 Instal Wily Structure.CENTURYLINK 264-TA Vault 1 EA - S330.00 S330.00 CTL Furnish/City of Tukwila Install
C35 8-31 Instal Win/Structure,CENTURYLINK Pedestal I I EA 5200.00 S2.2C0 C2 CTL Fumist/City of Tukwila Install
C36 8-31 Instal Utley Stricture.CENTURYLINK 467-TA Vault d EA $33000 5,038.'.'3 CTL Furnish/City of Tukwila Install
C37 8-31 Instal SIlty Structure,CENTURYLINK 3049 Vault 5 EA ' SO30.00 32150 CO Cl L Furnish/City Of Tukwila Install
C38 8-31 Instal Utley Stnc;ure.CENTURYLINK 1730 Hand Hole 1 EA 343000 S430.00 CTL Furnish/City of Tukwila Install
C39 8-31 Instal Utility Structure,CENTURYLINK 3x5'Vault 1 EA S430.00 S230.00 CTL Furnish/City of Tukwila Install
C49 B-33 Instal Conduit.21n.Dam.-CENTURYLINK Private Service 1600 LF $730 S11.650.00 CTL Furnish/City of Tukwila Install
S74.467.50 Sch C SubTotal
_ JUT TRENCH SECTION BREAKDOWN Washington State Sales Tax(10931 57,446.75
_ S81,914.25 Sch C Total
BIOCT
F E Grand Total 591,535.22 Tukwila will invoice CTL this amount'
..nnen alter w,rminwcororemn;on:n..wetter wear
Assumptions:All work above within ROW except Bid caernierren quanneeiale
0.0 0 0 hem C49.All service conversion trenching and conduit
installation are City Responsibility outside ROW.
10 0 -0 O Centurylink responsible for pulling their cable Monk-
ups,connections,and removal of existing equipment
60 0 0 QR in and outside of ROW.
JOINT TRENCH AGREEMENT—Page 11 of 11 (August 20,2018)
(between City of Tukwila and CenturyLink Re: 53m Ave S.project)
45
46
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2017 to 2022
PROJECT: 53rd Ave S (S 137th St-S 144th St) Project No. 99110301
DESCRIPTION: Design and construct urban residential street improvements that include curb,gutter, sidewalk, undergrounding,
and illumination.Street will coordinate with Water$1.1 m, Sewer$185k, and Surface Water$920k CIP projects.
JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization.
STATUS: Undergrounding is included at this time.
MAINT.IMPACT: Reduce pavement, shoulder, and drainage work.
State TIB grant for$2.14M for roadway and drainage.See additional pages in Enterprise funds under
COMMENT: 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 Through Estimated
(in$000's) 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
Project Location • � ,, �
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rinirMIKIMER
4/1114S 11114
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- t WI 1122)/-7.4:1C444A-1211
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-- "-lam r 4=l�,, s'.» .
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I GIs
2017-2022 Capital Improvement Program 3
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(i9
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y
City of Tukwila
�� �° City Council Transportation & Infrastructure Committee
1908
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
September 10,2018-5:30 p.m. -Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Chair, De'Sean Quinn, Zak Idan
Staff: David Cline, Henry Hash, Hari Ponnekanti, Mike Perfetti, Ryan Larson, Laurel
Humphrey, Cyndy Knighton, Gail Labanara, Derek Speck
CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Memorandum of Agreement: CenturyLink
Staff is seeking approval of a Memorandum of Agreement with CenturyLink to share the cost
*
of undergrounding the CenturyLink Communications system as part of the 53rd Avenue South
Project. Costs will be reimbursed to the City based on the components of the system
installation and the total CenturyLink cost share is estimated to be$91,535.22. Final costs will
be based on final bid quantities installed and any approved changes. UNANIMOUS
APPROVAL. FORWARD TO SEPTEMBER 17, 2018 REGULAR CONSENT AGENDA.
B. Resolution: Grant Application for Chinook Wind Project
Staff is seeking approval of a resolution that would authorize the submission of a grant
fund request of$314,400.00 to the State of Washington Recreation and Conservation Office
(RCO) for the Chinook Wind Project. The Committee previously approved this in May, but
the RCO requires an Application Authorization Form in the form of a city resolution. The
proposed resolution also includes authorization of a parks acquisition grant, which is
going through the Community Development and Neighborhoods Committee.The required
50% city match of $157,200 will come from Surface Water funds or other grant sources.
Councilmember Quinn requested the memo be updated with additional explanation of the
project schedule in relationship to the state fiscal calendar, and that the Surface Water
funds to be used as a City match do not impact the General Fund. UNANIMOUS
APPROVAL. FORWARD TO SEPTEMBER 17, 2018 REGULAR CONSENT AGENDA.
49