HomeMy WebLinkAboutCAG2003-0977 - Original - Comcast - PHS HOV Lanes Joint Utility Trench Agreement - 08/25/2003 . z
JOINT UTILITY TRENCH AGREEMENT
Regarding the Pacific Highway South HOV Lanes Project
THIS AGREEMENT is entered into between the CITY, a Washington municipal corporation
("CITY"), and Comcast of Washington IV, Inc., a Washington corporation, formerly TCI
Cablevision of Washington, Inc. ("COMCAST ).
RECITALS
WHEREAS, the CITY is making right-of-way improvements to Pacific Highway South
between Kent-Des Moines Road and S. 272nd Street; and
WHEREAS, pursuant to local ordinance and the franchise agreement, these right-of-way
improvements require COMCAST to convert their overhead facilities to underground; 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
parties to relocate their facilities into.
NOW THEREFORE,in consideration of the terms,conditions,covenants and performances
contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY
AGREED BY THE CITY AND COMCAST AS FOLLOWS:
AGREEMENT
1. SCOPE OF WORK.
As part of the CITY's Pacific Highway South HOV Lanes Project the overhead electrical
facilities are required to be converted to underground. The CITY is facilitating the construction
of a joint utility trench and will enter into a contract for the excavation of the trench and
installation of vaults and conduits. The trench will include COMCAST and PSE and possibly
other utilities' facilities and will be constructed along the east side of Pacific Highway South
from Kent-Des Moines Road to S. 272nd Street.
2. RESPONSIBILITIES OF THE PARTIES
A. COMCAST
1) COMCAST shall provide to the CITY engineering drawings, specifications,
construction standards, quantities and cost estimates for the underground conversion
of its facilities. The drawings shall show in detail the quantity, horizontal station and
offset, size and vertical elevation of the conduits and vaults.
Joint Trench Agreement—Page I of 8 07/02/03
(between CITY of Kent and Comctast Corporation)
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2) COMCAST will furnish to the site all vaults for installation by the CITY. COMCAST
will schedule delivery of vaults so as not to delay the CITY's contractor.
3) COMCAST will furnish and install their conduit in the City provided trench.
COMCAST will coordinate installation of the conduit with the CITY's Contractor so
as not to delay the work of the CITY's Contractor.
4) COMCAST will provide all of the inspection services needed for overseeing the
proper installation of the duct and vault materials on a continuous basis during the
CITY's construction period.
5) COMCAST will accept or reject the vault installation work by the CITY within 10
working days notice that the installation of the vault has been completed by the
CITY. If the system, or portions of the system, are rejected by COMCAST,
COMCAST shall provide reasons for such rejection in writing, whereupon the CITY,
if such rejection explanation is acceptable, will have its contractor complete any
remedial work and will again notify COMCAST of the system completeness. If
COMCAST does not reject any portion of the system within the 10 working days, the
system shall be considered acceptable to COMCAST and the CITY shall be relieved
of all responsibility regarding remediation of any vault work.
6) Once vault installation is accepted by COMCAST and COMCAST has completed
installation of the conduit, COMCAST will provide and install all wires, conductors
and any other equipment needed to complete the underground system. COMCAST
will complete and activate the new underground system within 60 working days from
completion of the vault and conduit installation. 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.
7) COMCAST will be responsible for providing all traffic control associated with the
pulling of cables and associated equipment and the removal of the overhead lines and
equipment.
8) COMCAST will notify the CITY in writing when the new underground system is
energized and ready for customer hook up so that the CITY can provide legal
notification to the property owners of their requirement to convert to underground.
9) COMCAST will perform cut-over and transfer of existing customers and facilities to
the new underground system where applicable.
10)COMCAST will remove the existing overhead system within twenty (20) working
days after all cut-overs have been completed.
11)COMCAST shall maintain continued coordination with the CITY regarding the
installation of COMCAST's facilities. This coordination shall include but not be
limited to the following:
a. COMCAST will attend the pre-construction meeting with the CITY's Contractor.
Joint Trench Agreement-Page 2 of 8 07/02/03
(between CITY of Kent and Cancast Corporation)
s. •.
b. CITY will provide COMCAST a copy of the Contractor's proposed work
schedule showing date, location and extent of work to be performed. This
schedule will be subject to change at any time.
c. COMCAST will attend weekly construction meetings during the conduit and
vault installation work.
d. COMCAST will be given 3 days notice that CITY's contractor is beginning
construction.
e. COMCAST will be responsible for Coordination with other utility companies
included in the joint trench for the installation of wire conductors and equipment.
B. CITY
1. The CITY will prepare drawings and specifications for the bid package for the vault
and conduit installation using the engineering drawings prepared by COMCAST
dated April 28, 2003 and June 17, 2003. The CITY will advertise for bids, evaluate
bids, award contract and monitor Contractor's activities.
2. The CITY will provide all necessary excavation, bedding,backfill,off-site disposal,
and site restoration for the conversion project, along with the coordination of other
utilities participating in the conversion project.
3. The CITY will install all COMCAST-provided vaults for the new COMCAST
facilities in accordance with the drawings, specifications and standards provided by
COMCAST.
4. The CITY will provide all flagging and traffic control, for the trench excavation and
vault installation for this project.
5. Once COMCAST completes the underground system,the CITY will provide legal
notice to property owners advising them of their responsibility to convert their
overhead system to underground.
6. CITY will attend weekly construction meetings with COMCAST and CITY's
Contractor
3. COST ALLOCATION
The attached Exhibit A "Estimate of Probable Cost", which is by this reference is made part
of this AGREEMENT, provides an estimate of the cost responsibilities of COMCAST and
the CITY. The costs shown on this exhibit are an estimate only. The final breakdown of costs
will be based on the actual quantities of work performed by the CITY's Contractor times the
contract unit costs for each work item.
A. Vault Installation. COMCAST agrees to pay the actual cost that the CITY incurs for
installing COMCAST's vaults as shown in Exhibit A.
B. Trench costs. COMCAST agrees to pay the CITY a portion of the trench costs, including
any restoration, commensurate with its proportionate share of trench usage as shown in
Exhibit A attached hereto. Costs shall include work required to restore the surface to as
Joint Trench Agreement—Page 3 of g 07/02/03
(between CITY of Kent and Comcast Corporation)
.i•
• I e
near as practicable to the original condition of the site, and where applicable shall include
permanent pavement patches; replacement, in-kind, of existing curb, gutter and
sidewalks; hydroseeding of grass areas; and placing of straw mulch on bare ground.
Preliminary trench costs will be agreed upon prior to construction based on the estimate
from the bid accepted by the CITY. Trench costs will be finalized after completion of
construction to account for actual construction costs.
C. Engineering, Contract Preparation, Surveying, Construction Inspection Expenses.
COMCAST agrees to pay the CITY its share of the CTTY's costs associated with the
administration of the contract. These costs include, but are not limited to; preparation of
the bid package including drawings and specifications, evaluation of bids, preparation
and award of contract, Construction administration, surveying and inspection.
D. Additional Expenses. COMCAST agrees to pay its share of any additional expenses
incurred in providing the trench due to any overexcavation required or any other
unforeseen conditions or changes in COMCAST'S design, including any additional
trench width or depth attributable to errors or changes in COMCAST's original design or
conflicts not accounted for in COMCAST's original design.
E. 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 installing COMCAST facilities, delays caused by COMCAST
providing materials, or any other conflicts between the contractor and COMCAST.
F. faults. COMCAST agrees to pay for the supply and excavation for its vaults separately
and in addition to any trench costs discussed above. COMCAST will also be responsible
for any additional costs incurred in excavating for its vaults such as overexcavation or
any other unforeseen conditions. The cost to excavate for COMCAST's vaults will be
finalized after completion of construction to account for actual construction costs.
G. Invoice. COMCAST agrees to pay the CITY within ninety (90) days of being invoiced
by the CITY for amounts that the CITY has been invoiced by the contractor and which
COMCAST has agreed to pay under this Agreement.
H. Final Payment/Waiver of Claims. The making of final payment by the parties shall
constitute a waiver of claims by the contractor, except those previously and properly
made and identified by the contractor as unsettled at the time request for final payment is
made.
4. CHANGES.
After the CITY executes a contract with the trench contractor, COMCAST shall submit
any changes requested to be performed by the CTTY's 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. Prices supplied by the contractor for COMCAST change orders shall
be in conformance with WSDOT Standard Specifications. COMCAST shall have 24 hours from
receiving the price from the CITY within which to respond. If COMCAST chooses not to accept
Joint Trench Agreement—Page 4 of 8 07/02/03
(between CITY of Kent and comcast Corporation)
the contractor's price then this work shall only be performed by COMCAST according to a
mutually agreed upon schedule with CITY so as not to cause delay to the contractor. The CITY
shall have final judgment, after consulting with COMCAST, with regards to decisions related to
the work of the Contractor
5. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, its officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
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, its
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.
6. INSURANCE.
The contract between the CITY and the contractor shall require that the contractor
procure and maintain for the duration of the project 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, subconsultants or subcontractors.
a. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
b. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU); and employer's liability.
C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and
aggregate.
Joint Trench Agreement—Page 5 of 8 07/02/03
(between CITY of Kent and Comcast Corporation)
Any payment of deductible or self-insured retention shall be the sole responsibility of the
contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
commencement of construction by the contractor. The contractor's insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
7. FRANCHISE AGREEMENT.
The CITY and COMCAST agree that by entering into this Agreement, neither party has
waived any rights it may have under the existing franchise agreement between the CITY and
COMCAST as to future projects and the CITY and COMCAST expressly herein reserve such
rights.
8. 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 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.
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 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
otherwise notified. Any written notice shall become effective upon delivery, but
Joint Trench Agreement—Page 6 of g 07/02/03
(between CITY of Kent and Comcaat Corporation)
.F
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 affected party.
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 another.
i. 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. 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 7 of 8 07/02/03
(between CITY of Kent and Comcast Corporation)
IN WITNESS WHEREOF,the parties below have executed this Agreement.
COMCA T OF WASHINGTON IV,INC. C Y OF nq�
Print e: Prin ame: im White
Title: oyf*w, Ti Mayor
DATE: '7_ DATE:
Notices to be sent to: Notices to be sent to:
COMCAST CITY OF KENT
Attn: Franchise Dept. Mark Howlett, P.E.
22025 30th Drive SE Engineering Supervisor
Bothell,WA 98201-4444 CITY of Kent
(telephone) 220 Fourth Avenue S
(facsimile) Kent,WA 98032
(253) 856-5500
(253) 856-6500(facsimle)
With a copy to: APPROVED AS TO FORM:
COMCAST r
Attn: Legal Dept.
1500 Market Street Kent CITY Attorney
Philadelphia, PA 19102
Joint Trench Agreement—Page 8 of 8 07/02/03
(between CITY of Kent and Comcast Corporation)
EXHIBIT A
ESTIMATE OF PROBABLE COST
F t
CITY OF KENT
PACIFIC HIGHWAY SOUTH HOV LANES
COMCAST COST ESTIMATE
Item No Item Description
1 Joint Utility Trench Excavation 252,019
2 Vault Excavation and Installation 26,235
Total Cost Estimate $278,254
7/2/2003 Page 1 of 3
Cost and Quantities Utility Work
Pacific Hwy South-South Phase
Trench Excavation
Rev 6/2 012 0 0 3
Unit Extended
Item Description Unit Oty Pnce Price
1 North Phase-Joint Utility Trench Excavation LF 7,475 $14 15 $105,771
2 South Phase-Joint Utility Trench Excavation LF 6,527 $14 15 $92,357
Subtotal Trenching $198,128
6%Mobilization $11,888
Subtotal Trench Excavation $210,016
20%Construction/EngineenngAnspecbon/Coordination Cost $42,003
Total Trenching Cost $252,019
Total Trench Footage 14,002
Cost Per Foot of Trench $18.00
Notes:
-Ouanties shown are from Comcast provided drawings-Copy is attached.
- Costs shown are estimates only.Actual Costs will be based on bid prices provided
by the City's contractor.
7/2/2003 Page 2 of 3
CITY OF KENT
Pacific Hwy South HOV Lanes
Vault Excavation and installation Costs
Rev 6/20/2003
Unit Extended
Item Descn tron UmtOty Pnce Price
1 North Phase-Vault Excavation and Installation,3030LA EA 25 $375 $9,375
2 North Phase-Vault Excavation and Installation,253TA EA 1 $375 $375
3 North Phase-Vault Excavation and Installation,WSDOT#2 EA 2 $375 $750
4 South Phase-Vault Excavation and Installation,3030LA EA 18 $375 $6,750
5 South Phase-Vault Excavation and Installation,253TA EA 6 $375 $2,250
6 South Phase-Vault Excavation and Installation,WSDOT#2 EA 3 $375 $1,125
Subtotal Vault Installation $20,625
6%Mobilization $1,238
Subtotal Vault and Condult Labor $21,863
20%Constnxbon/Engmeenng/Inspecbon/CoordmationCost $4.373
Total Vault Excavation/installation Cost $26,235
Notes:
-Quanties shown are from Comcast provided drawings-Copy is attached.
- Costs shown are estimates only.Actual Costs will be based on bid prices provided
7/212003 Page 3 of 3