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Home My WebLink About3089 RESOLUTION NO. 3 0 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCT I ON SER];I CES AGREEMENT WITH TC I CABLEVI S I ON OF WASHINGTON, INC. , TO PROVIDE FOR RELOCATION OF EXISTING SERVICE CABLES WITHIN THE AREA OF CITY PROJECT NO. PR529, KNOWN AS 3RD STREET SW GRADE SEPARATION/C STREET SW/SR 18 RAMP PROJECT. WHEREAS, TCI Cablevision currently distributes cable television service within the City of Auburn; and WHEREAS, the City of Auburn is making street improvements at 3=d Street SW and C Street SW relative to City Project No. PR529, 3=d Street SW Grade Separation/C Street SW/SR 18 Ramp Project; and WHEREAS, TCI has expressed a desire for the City to provide construction services for the relocation of their existing service cables within the project area at TCI' s expense. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Construction Resolution No. 3089 05/17/99 Page 1 Services Agreement with TCI Cablevision of Washington, Inc., so that the City can provide construction services for the relocation of TCI's existing service cables within the PR529, 3=d Street SW Grade Separation/C Street SW/SR 18 Ramp Project area at TCI's expense. A copy of said Agreement is attached hereto and denominated as Exhibit ~1" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directires of this legislation. DATED and SIGNED this 7th day of June, 1999. CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3089 05/17/99 Page 2 OF CONSTRUCTION SERVICES AGREEMENT ~'~ OFROE THIS Agreement, dated as of this Z~''° day of :r~v.C ,1999, is made by and between the CITY OF AUBURN, Washington, a Municipal Corporation ("City") and TCI Cablevision of Washington, Inc., a Washington Corporation (the "Company") with reference to the following facts. RECITALS A. The Company is a public service company engaged in the sale and distribution of cable television service, and pursuant to its franchise from the City, currently distributes cable television service within the City. B. The City is undertaking a street improvement program at 3rd Street SW and "C" Street SW. The street improvement program includes the realignment of "C" Street SW from W Main to the eastbound ramps and realignment of 3'a Street SW from Division Street to "C" Street SW including grade separation between 3'd Street SW and the BNSF tracks. Refer to Exhibit A, Vicinity Map, Proj ect Area. C. The Company has expressed a desire for the City to provide construction services for the relocation of the existing service cables within the Project Area at the Company's expense. D. The parties wish to execute this written contract to govern the installation of such a system. Exhibit "1", Resolution NO. 3089 AGREEMENT The Company and the City therefore agree as follows: 1) The Company shall furnish and install a Main Cable and Fiber Optics Distribution System within the Project Area, in accordance with the Company's standard specifications. 2) The City shall perform the following within the Project Area at the Company's expense: a) Trenching (including shoring, flagging and barricades), and Restoration (including restoration of streets, sidewalks and private property); and b) Surveying for alignment and grades for TCI vaults and ducts. Other non-public utilities may be permitted by the City to use City-provided trenches at a share of costs in accordance with each franchise agreement_for the installation of their facilities so long as such facilities or the installation thereof do not interfere with the Company's Main Cable and Fiber Optics Distribution System or the installation or maintenance thereof. c) Installation of conduits, above ground amplifier enclosures and any appertenant facilities. 3) The Company shall, within thirty (30) days after the approval of the final payment by the City Council of the City's construction contract, remit to the City a payment of 19% of the actual costs for the work done as described in Section 2)a) and 100% of the actual costs as determined for the work done as described in Sections 2)b) and 2)c) of this Agreement. 4) The Company shall own, operate and maintain all cable service facilities installed pursuant to this Agreement including, but not limited to, the Main Cable and Fiber Optics Distribution System and underground services installed by the Company pursuant to this Agreement. 5) The Company shall provide at its expense an inspector to coordinate material deliveries and ensure the correct type, number, and construction method of all Company above ground amplifier enclosures and conduits during the City's construction project. 6) The City shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Project Area. The Company shall not be required to install the Main Cable and Fiber Optics Distribution System until the area in which such System is to be installed has been established to grade. Upon performance by the City of the necessary preliminary work, the City shall give the Company a minimum of ten (10) working days advance written notice requesting the Company to commence -installation of the Main Cable and Fiber Optics Distribution System and shall schedule such construction to minimize interference from the installation of other improvements. 7) The Company's performance hereunder shall be commenced within ten (10) working days of the date requested in the written notice pursuant to paragraph 6 above. The Company shall use reasonable diligence in performing its work hereunder, but shall not be liable for any delays resulting from circumstances beyond its control. The City releases and shall defend, indemnify 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 City's duties under this Agreement. During the performance of such activities the City's employees shall at all times remain employees of the City. 8) 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 attomeys' fees) caused by, arising out of or in connection with the performance of the Company's duties under this Agreement. During the performance of such activities the Company's employees shall at all times remain employees of the Company. 3 9) The Company reserves the right to review the contractor's bid prices for the undergrounding of the facilities to be completed by the City under this agreement and if bids are unresponsive to provide this work through other sources. 10) Nothing in this Agreement shall in any way affect the fights or obligations of the Company under any previous agreements pertaining to the existing or future cable distribution facilities within the Project Area. CITY OF AUBURN r~ TCI CABLEVISION OF WASHINGTON, INC. Charles A. Booth ITS MAYOR ITS Date Signed ~_A oc'- ~ Date Signed ATTEST: D~ielle E. Dask~ Aubm City Clerk MicY~d~ Aubm City A~omey