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HomeMy WebLinkAboutCAG2019-134 - Original - Comcast - S 218th St Project - 03/07/2019 �...!K T Records Management Document CONTRACT COVER SHEET This is to be Completed by the Contract manage, r prior to F-uhmissinn to the City Clerk's Office. All portions are to iae conpleted. If yc)u have questions, please contact the Cit­Y Clerl,­s Office at 253-856-5725. Vendor Name: Comcast Vendor Number (IDE): Contract Number (City Clerk): CWIEOI �_ I1 L4 Category: -Contract Agreement Sub-Category (if applicable): None Project Name: S. 218th St. Project Mayor's signaturE N/A Contract Execution Date: Termination Date: Contract Manager: Ken Langholz Department: PW: Engineering Contract Amount: Budgeted: 121 Grant? Part of NEW Budget: Local: F-I State: 1-1 Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 1:1 Director 17 Mayor F-I City Council Other Details: Joint utility trench agreement for the prooect. JOINT TRENCH AGREEMENT Between the City of Kent and Comcast for the L.I.D. 363 - S. 218th Street Project (88th Avenue S. to 94th Place S.) THIS AGREEMENT, is between the City of Kent, a Washington municipal corporation ("City"), and Comcast Cable Communications Management, LLC a Washington corporation ("Comcast"). This Agreement may refer to Comcast or to City as a "Party" or together, as the "Parties" to this Agreement. RECITALS A. The City is making right-of-way improvements to S. 218th Street. B. It is the City's belief that, pursuant to local ordinance and the franchise agreement between the City and Comcast dated May 4, 1993, and the Franchise Clarification Agreement dated May 5, 2004, that these right- of-way improvements require Comcast to relocate its underground facilities that are currently in conflict with this project. C. 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 Parties to relocate their facilities. AGREEMENT To facilitate construction of a joint trench, the Parties agree as follows: 1. SCOPE OF WORK. The City of Kent will advertise for construction bids and enter into a contract with a contractor for the construction of a joint utility trench (the "Trench") which may include Comcast, Centuryl-ink, and Puget Sound Energy power facilities. This Trench will be placed along the south side of S. 218th Street beginning at 88th Avenue S. and ending at 94th Place S. as referenced in the plan sheet attached as Exhibit A. There will be approximately three (3) trench crossings of S. 218th Street to serve customers on the north side of the street. All utilities that cross S. 218th Street will use these trenches. JOINT TRENCH AGREEMENT- Page 1 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218t' Street) 2. TERM AND TERMINATION. This Agreement shall commence on the date last signed below (the "Effective Date"), and shall continue until June 30, 2020, unless earlier terminated pursuant to this Agreement. In the event that either Party defaults in the performance of its obligations herein, notice shall be given by the non-defaulting Party of its intent to terminate the Agreement for cause, to be effective thirty (30) days thereafter, unless that cause is cured within thirty (30) days after the defaulting Party receives such notice. 3. CONTRACTOR REQUIREMENTS. The independent contractor hired by the City to perform this work shall be referred to as the "Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, shall excavate the Trench, install Comcast, CenturyLink and PSE power 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. 4. RESPONSIBILITY OF THE PARTIES. 4.1 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 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. 4.2 Installation. Comcast shall furnish and deliver to the site all vaults to be provided by Comcast for installation by the Contractor in a JOINT TRENCH AGREEMENT- Page 2 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218r" Street) timely manner as outlined in subsection 4.4. Comcast shall schedule all deliveries and work so as not to delay the 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 its respective, affected aerial facilities prior to completion of the underground facilities in accordance with this Agreement, and so long as said installation is completed in conformity with this Agreement. 4.3 Traffic Control. The 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 the controlled open Trench area. 4.4 Comcast Coordination. Comcast shall maintain continued coordination with the Contractor regarding the installation of Comcast's facilities. This coordination shall include but not be limited to the following: (a) Timing of when and where materials will be delivered on-site. (b) The Contractor will excavate for and place Comcast vaults in the Trench including bedding and backfill. (c) Comcast shall coordinate closely with the Contractor to provide all necessary materials in a timely manner. (d) Location of where Comcast will begin the work. 4.5 Surveys. The City will provide the survey for the location of the Trench and vaults. S. COMPENSATION. 5.1 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 the Joint Trench Costs spreadsheet attached as Exhibit B. 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 JOINT TRENCH AGREEMENT- Page 3 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218th Street) actual construction costs and will be subject to final review and approval by Comcast. Comcast shall complete this review in a timely manner and its final approval shall not be unreasonably withheld. 5.2 Street Crossings. Comcast agrees to pay for the installation costs for the Contractor to install Comcast's conduits in the street crossings. These costs are in addition to the Trench costs outlined in subsection 5.1. 5.3 Survey. Comcast agrees to pay its proportionate share of 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. 5.4 Traffic Control. Comcast agrees to pay the City a 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 B. Comcast shall be responsible to provide all traffic control during installation of Comcast facilities not associated with the controlled open trench area. 5.5 Additional Expenses. Comcast agrees to pay its proportionate share of additional expenses incurred due to Comcast's approved change requests requiring additional trench depth or width and for unforeseen conditions, 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 PSE, CenturyLink and/or the City. 5.6 Claims by Contractor. Comcast agrees to pay the entire cost of any claims made by the Contractor that are proximately caused by Comcast. These claims may include delays caused by Comcast installing its facilities, delays caused by Comcast providing materials, or any other conflicts between the Contractor and Comcast or Comcast. These claims must be verifiable or substantiated claims. 5.7 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 JOINT TRENCH AGREEMENT- Page 4 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 21811 Street) Comcast. Comcast shall complete this review in a timely manner and its final approval shall not be unreasonably withheld. 5.8 Invoice. Subject to the exceptions in Section 5.9, Comcast shall pay the City within sixty (60) days of submittal by the City of an itemized billing for Comcast's proportionate share of all actual, identified expenses incurred by the City or the Contractor in constructing the Trench as set forth in this Section 5. 5.9 Defective or Unauthorized Work. (a) Comcast reserves the right to withhold payment to the City for any defective or unauthorized work performed by the 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. (b) Before withholding payment to the City, Comcast shall provide written notice to the City of any work it believes to be defective or unauthorized. Upon receipt of written notice, the City shall be afforded (sixty) 60 days to correct any work it agrees is defective or unauthorized. If the City does not agree that the work is defective or unauthorized within (fifteen) 15 days of receipt of the written notice, Comcast may correct or complete the work. Comcast 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. 5.10 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. 6. CHANGES. After the City executes a contract with the Contractor, Comcast shall submit any changes requested to be performed by the 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. Comcast shall have 48 hours from receiving the price from the City to respond. 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. JOINT TRENCH AGREEMENT- Page 5 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218rh Street) 7. MUTUAL INDEMNIFICATION; LIENS AND ENCUMBRANCES. 7.1 City shall defend, indemnify and hold Comcast and its directors, officers, officials, employees 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 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. 7.2 Comcast shall defend, indemnify and hold City and its directors, officers, officials, employees 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. 7.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Parties, their officials, employees and agents, a Party's liability hereunder shall be only to the extent of the Party's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 7.4 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. 7.5 EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT. JOINT TRENCH AGREEMENT- Page 6 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218rh Street) S. INSURANCE. 8.1 The contract between the City and the Contractor shall require that the Contractor procure and maintain in full force and effect for the duration of the Project 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 five million dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) 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, 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 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 $5,000,000 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, 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. JOINT TRENCH AGREEMENT- Page 7 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218rh Street) 8.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall not in any way limit Contractor's liability to the City. 8.3 Endorsements. 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, its officers, officials, boards, commissions, employees and agents. Any insurance or self-insurance maintained by 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. 8.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed with insurers with a Best's rating of no less than "A VII." 8.5 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 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. 9. 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 JOINT TRENCH AGREEMENT- Page 8 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 21811 Street) acceptance, affirmation or ratification of the City's construction of Comcast's obligation to underground 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. 10. MISCELLANEOUS 10.1 Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. 10.2 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 10.3 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. 10.4 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 7 of this Agreement. 10.5 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 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. JOINT TRENCH AGREEMENT- Page 9 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 2181 Street) 10.6 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. 10.7 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. 10.8 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 the other Party, and; (ii) be responsible for any obligation or expense whatsoever of the other Party except as expressly set forth herein. 10.9 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. 10.10 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. 10.11 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 JOINT TRENCH AGREEMENT- Page 10 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218r" Street) conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. ATTACHMENTS Exhibit A - Plan Sheet Exhibit B - Joint Trench Costs JOINT TRENCH AGREEMENT- Page 11 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218th Street) IN WITNESS WHEREOF, the Parties below have executed this Agreement. COMCAST CABLE COMMU,. ATJ-ONS CITY OF KENT MANAG MENT, LLC.. r4l .. By: By: Pr* t N m Print Name: COL 1 Ti Title: T Date: Date: 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: COMCAST CITY OF KENT Comcast City of Kent 402 Valley Avenue NW, Suite 101 220 Fourth Avenue South Puyallup, WA 98371 Kent, WA 98032 Attn: Jerry Steele Attn: Chad Bieren (253) (Desk) (253) 856-5534 (Desk) (253) (Cell) (253) 856-6500 (Fax) (253) (Fax) With a copy to: APPROVED AS TO FORM: Comcast Cable Communications Management, LLC 1500 Market Street Philadelphia, PA 19102 Kent Law Department Attention: General Counsel P:\Public\PROJECTS\_In Design\14-3010 S 224th Street Project Phase II\30 Utilities\31.0 Comcast\Kent WA_ITA-Comcast-218th_ps_053011.doc JOINT TRENCH AGREEMENT- Page 12 of 13 (January 30, 2019) (between City of Kent and Comcast Re: S. 218th Street) I I _ - - - --- --- - --- - - - ----- - - - --- I I I \\ 1 ---�I i I I fn 3 II I d i vl �I a �- jl COM TRENCHING REQUIREMENTS _ ---- ---- -- -- --- 5 218TH ST t CENTURVL.INK TRENCHING REQUIREMENTS PSE TRENCHING REQUIREMENTS - \ f t ! I I y I L CO) i i` pl a; Q I a / I j G I I I I I J I ----�------------------� L--------------------------. r---7--------7---------, L--------- S 222ND ST ---------- i I -----------J I .f II I i I I I I ---- JOINT TRENCH LOCATION i i City of Kent S 224TH STREET PROJECT Public Works Department 88TH AVE S/S 218TH ST KENT Engineering Division JOINT TRENCH EXHIBIT A WAS HINGTGN N \ _ m @ 2 � £ _ % R m < O 2 O O co / � Dk / = 2 2 q q 5 / / c _ rl- Z # N ^ k / / \ _ m LLJ _0 � EG / C14@ 3 ¥ 2 / p % / o 0 « n O = e R § ƒ } N G � f \ � /k \ ® / / 00 � - q R 2 a 0 0 t / . \ 0 LU ƒ \ / f U U) � J 7 OL/ � _0 co / / � ) c 0 0 Z \ E � ® S 2 m 2 k o \ \ k ® / n 0 $ o ma 6 6 / ® E / ƒ \ a cn\ ) LU / d \ ( � \ / 0 § � I 2 _0 ® x O & 5 0 U % § \ LLII \ k/ 00 \ 2 a e « ( / O � > ƒ 0 \ c � \ c 7 % m ± o c ® m 00 _ / - ? / \ w e N / q 2 2 \ 777 � b d \ 7 $ \ / k m _■ 0 ) ®0 0 2 U g n £ q ƒ / / § \ RR \ a k � 2 t Umgg ./$ Z , „ « & \ N \ REQUEST FOR MAYOR'S SIGNATURE KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Di(-A-�� Originator: Ken Langholz Phone (Originator): 5516 Date Sent: 31e./ /i9 Date Required: Return Signed Document to: Nancy Yoshitake Contract Termination Date: N/A VENDOR NAME: Date Finance Notified: 1 Comcast (Only required on contracts 4/ 1 7/ 1 8 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 4/17/18 Date Risk Manager Notified: N/A (Required on Non-City Standard Contracts A reements Has this Document been Specificall Account Number: P21 O 19 Authorized in the Budget? o YES NO Brief Explanation of Document: The attached Joint Trench Agreement is with Comcast for the S. 218th Street Project. KENT I'a W DEP, : All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: L.DateForwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVE® Recommendations and Comments: Disposition: City of Kent Office of the Mayor Date Returned: 'rvil\arms\ ocument rocessing\ equest for Mayor's ignature.dou • KENT Agenda Item: Consent Calendar - 8D WASHINGTON TO: City Council DATE: April 17, 2018 SUBJECT: South 218t" Street Schedule 74 Undergrounding and Joint Trench Agreements - Authorize MOTION: Authorize the Mayor to sign a Schedule 74 Underground Conversion Agreement with Puget Sound Energy and Joint Trench Agreements with Comcast and CenturyLink for utility undergrounding on South 218th Street as part of the South 224th Street Phase 2 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The South 224th Street Improvements, Phase 2 project includes work along 88th Avenue South and South 218th Street and extends from South 222nd Street to 94th Place South. The project consists of widening 88th Avenue South and South 218th Street to include a turn lane, curb, gutter, sidewalk and planter strips. The work also includes the replacement of the existing Garrison Creek bridge and the construction of retaining walls. In order to perform the above described work, Puget Sound Energy, Comcast, and CenturyLink need to relocate utilities from aerial to underground the facilities pursuant to the City's utility undergrounding ordinance. A design agreement with Puget Sound Energy was approved last June to initiate design. In order to meet the project schedule, we need to move forward with the utility agreements. EXHIBITS: Schedule 74 Underground Conversion Agreement with Puget Sound Energy and Joint Trench Agreements with Comcast and CenturyLink RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACT: Undergrounding of utilities is included in the project budget STRATEGIC PLAN GOAL(S): O Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. 0 Thriving Neighborhoods and Urban Centers- Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration.