HomeMy WebLinkAboutFRA2019-001 - Supplement - Facility Modification Relocation Agreement - 12/20/2021ApprovalOriginator:Department:
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Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
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Start Date:
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Yes In-Process Exempt (KCC 5.01.045)
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This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
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rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
Agreement Routing Form
For Approvals, Signatures and Records Management
(Optional)
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* Memo to Mayor must be attached
Termination Date:
Authorized to Sign:
FACILITY MODIF'ICATION/RELOCATION AGREEMENT
THIS Facility Modification/Relocation Agreement ("Agreement"), dated as of the
l't day of August, 2021, is made by and between Comcast Cable Communications
Management, LLC, a Delaware limited liability company ("Company"), and the City of
Kent, Washington, a body politic and corporate under the laws of the State of
Washington ("City"). The Company and the City are sometimes referred to herein
collectively as the "Parties."
RECITALS
A. The Company owns and operates certain facilities: Cable Lines and Services.
Such facilities are collectively referred to herein as "Facilities." Some or more of the
Facilities occupy and use a portion of the Company's fee owned property known as King
County Right of Way ("County Right of Way"). Some or more of the Facilities are
within City of Kent Right of Way ("City Right of Way") governed by the Cable
Franchise Agreement between the Parties dated April 19,2019 ("Franchise Agreement").
B. The City plans to construct improvements to the culvert for Rock Creek
crossing under SE Summit-Landsburg Rd ("Improvements"). Some or more of the
Improvements cross over, under, along, in, upon, and through the County Right of Way
and City Right of Way.
C. The Improvements necessitate the modification and/or relocation of the
Facilities. In connection with the Improvements, the City has requested the Company to
modiff and/or relocate a portion or portions of the Facilities to ensure proper operating
clearances are maintained between such Facilities and the Improvements in accordance
with prudent utility practices ("Relocated Facilities"). Acquisition of additional and/or
new operating rights sufficient for the Facilities (including the Relocated Facilities) may
also be necessary.
D. The Parties desire to enter into this Agreement to govem the engineering,
design, construction and installation of the Relocated Facilities.
AGREEMENT
Now, therefore, the Parties agree as follows:
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1. Facilities Modification
1.1 Scope of Work
The following is the scope of work for the Relocated Facilities: Remove existing
pole, equipment and overhead cable line in conflict with proposed bridge, install new
poles on both sides of bridge, horizontal directional drill in new 6" cable conduit between
new poles, pull in new cable, install new overhead wire to maintain system continuity,
and replace single cable service in conflict with bridge approach. ("Work"). The design
for the Work will meet the Company's engineering design standards and all required
approval by applicable government authorities.
1.2 Obligations of the CitY
The City shall coordinate with the Company concerning the design and
construction of the Improvements and the Relocated Facilities within County Right of
Way, and shall, at its expense, provide final restoration. For the design and construction
of the Improvements and Relocated Facilities within City Right of Way, the City shall
coordinate with the Company per the terms of the Franchise Agteement.
1.3 Obligations of the ComPanY
The Company shall coordinate with the City conceming the design and
construction of the Relocated Facilities and the Improvements and shall design and
perform the Work..
1.4 Work Schedule
Prior to the commencement of the Work, the Company and the City shall
mutually agree upon a schedule that sets forth milestones for completing the Work
("Work Schedule"). The Work Schedule may be revised from time to time by mutual
agteement of the Parties.
The Company shall perform the Work in accordance with the Work Schedule,
provided, however, that the ability of the Company to perform the Work is subject to any
and all conditions placed upon the Company by governing jurisdictions. The Parties
acknowledge that delays caused by any jurisdictional agency or property owner from
whom permits, easements, and other operating rights are required may occur. So long as
the Company exercises reasonable effort to perform the Work in accordance with the
Work Schedule, the Company shall not be liable to the City (or its agents, servants,
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employees, contractors, subcontractors, or representatives) for any claims, actions,
damages, or liability asserted or arising in connection with the Work Schedule.
1.5 Ownership of Facilities
The Company shall own, operate, and maintain all Relocated Facilities installed
pursuant to this Agreement.
1.6 Permits
The Parties acknowledge that the governing jurisdictions require the Company to
secure the following permits prior to commencement of the construction necessary to
complete the Work: The Company is to obtain City of Kent and King County right of
way permits. The Parties acknowledge that the City will obtain and provide any
environmental permits necessary to complete the Work at no cost to the Company'
2. Costs
2.1 General
The City shall be responsible for, and shall reimburse the Company for, all of the
Costs and Expenses necessarily incurred for or allocable to the Work in County Right of
Way. For the purposes of this Agreement, "Costs and Expenses" shall include, without
limitation, atl of any and all actual direct or indirect costs necessarily incurred or
reasonably allocated to this Agreement or its perfofinance, including, but not limited to,
the cost of labor, personnel, consultants, attorneys and other professionals, travel,
printing, supplies, taxes, permits, approvals, assessments, inspections, tests,
transportation, material, supplies, equipment, tools, utilities, services, rental charges,
consumables, premium for bonds or insurance, disposal costs, overhead, administration
and general expenses, and any other charges authorized by applicable tariffs for the Work
occurring in County Right of Way. The relocation of Facilities within City Right of Way
shall be at Comcast's sole expense.
2.2 Payment
Upon completion of the Work to be performed by the Company pursuant to
paragraphs 1.1 through 1.3 above, the Company shall deliver to the Crty a written
statement of the actual Costs and Expenses to design and perform the Work. Within
forty-five (45) days after the receipt of such statement, the City shall remit to the
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Company a payment equal to the amount of all of the actual Costs and Expenses
necessarily incurred for or allocable to the Work in County Right of Way.
2.3 Estimate of Costs and ExPenses
As of the date of this Agreement, the estimate for all Costs and Expenses to
perform the Work in accordance with this Agreement is Fifty-five Thousand Dollars and
00/100 Cents ($55,000.00) ("Estimate"). This Estimate does not affect or limit the
recoverabilrty by the Company of any actual Costs and Expenses in excess thereof.
The Parties further agree that the foregoing Estimate is subject to change for
reasons that include, but are not limited to, the following:
a) the City revises its construction plans for the Improvements in a manner
that requires the Company to revise its construction plans for the Relocated Facilities
("Revision"); or
b) the City (or its agents, servants, employees, contractors, subcontractors, or
representatives) cause delays in the Company's installation of the Relocated Facilities; or
c) Construction has not started within ninety (90) days from the date of this
Agreement.
2.4 Change Order Proposals
If the estimated Costs and Expenses for a Revision are greater than IIYo of the
Estimate herein, the Company shall require the City to and the City shall sign a Change
Order Proposal describing the Revision and the estimated Costs and Expenses associated
with said Revision, but only for Revisions in the County Right of Way. The City shall be
responsible for, and reimburse the Company for, all of the actual Costs and Expenses of
the Revision in the County Right of Way pursuant to paragraphs 2.1 through 2.3.
2.5 Costs Upon Termination of Work
In the event that the City decides to voluntarily cancel the Improvements or the
Work to be performed under this Agreement, the City shall reimburse the Company for
all costs reasonably incurred by the Company in connection with the Work prior to the
date the company is notified by the city in writing of such cancellation.
3. Limitation of Liability
The Company's liability in connection with the Work hereunder shall be limited
to property damages or personal injuries caused by the intentional or negligent acts of the
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Company, its employees or agents, limited to the extent of negligence attributable to the
Company, its employees or agents. In no event shall the Company be liable for any
consequential, indirect, special, or incidental damage, nor shall the Company be liable for
injuries or damages of any kind that arise from causes beyond the control of the
Company, including but not limited to acts of God, weather, labor disputes, procurement
delays, delays in plan or permit approvals, or other third party actions'
4. Indemnity
The City releases and shall defend, indemniff, and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not
limited to, reasonable attorneys' fees) caused by, arising out of, or in connection with the
performance of the Crty's duties under this Agreement. During the performance of such
activities the City's employees shall at all times remain employees of the City.
The Company releases and shall defend, indemnify, and hold the City harmless
from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not
limited to, reasonable attorneys' fees) caused by, arising out of, or in connection with the
performance of the Company's Work under this Agreement. During the performance of
such activities the Company's employees shall at all times remain employees of the
Company.
In wibress whereof, the Parties have executed this Agreement as of the date set
forth above.
CITY OF KENT, WASHINGTON COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
By:By:
Name: Name:
Title:
Date:
Title:
Date:.
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Dana Ralph
Mayor
10/21/2021
DocuSign Envelope ID: 2DF14A33-ED98-4BAF-85FE-B978E3706ACD
Vice President
Roy Novosel
12/20/2021
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