HomeMy WebLinkAboutPW15-291 - Original - Comcast of Washington IV, Inc. - Joint Utility Trench for SR 516 - 08/14/2015 Records M4 e e �
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Comcast of Washington IV, Inc.
Vendor Number:
JD Edwards Number D
Contract Number: 1" W15—
This is assigned by City Clerk's Office
Project Name: Joint Utility Trench Agrmnt. for the SR516 - S 231st Way Levee
Improvements.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Q Other: Joint Trench Agreement
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Stephen Lincoln /Department: PW Environmental /1
Contract Amount: W�� 7� !-(�� OWeQ D� G Qa1� �� Cat $T W� �c
Approval Authority: (CIRCLE ONE) Department Director Mayor City Counci j
Detail: (i.e. address, location, parcel number, tax id, etc.):
Ordinance No. 3017 Ordinance No. 3018 - Trench to include City, PSE, Century Link &
Comcast facilities. Trench to be placed in levee pism @ the intersection of James St &
Russell Rd and be referred to as the "Joint Trench."
As of: 08/27/14
JOINT UTILITY TRENCH AGREEMENT
Between the City of Kent and Comcast
for the SR-516 — S 231ST Way Levee Improvements
THIS AGREEMENT is entered into between the City of Kent, a Washington municipal
corporation ("City"), and Comcast of Washington IV, Inc., a Washington corporation
("Comcast"). The City and Comcast are each referred to separately as a "Party" or
together as "Parties."
RECITALS
WHEREAS, the City is making certain improvements to the levee within the right of
way of the James Street and Russell Road intersection within Kent, Washington
("Improvement Project"). The Improvement Project will include the excavation of
trenches and placement of City facilities and City-contracted third-Party facilities in
the trenches ("City Facilities"); and
WHEREAS, the Parties agree that, pursuant to local Ordinance No. 3017 and that
franchise agreement between the City and TCI Cablevision of Washington, Inc.,
predecessor in interest to Comcast, dated May 4, 1993, through adoption of
Ordinance No. 3018, along with that Franchise Clarification Agreement dated May
4, 2004, Comcast is required to underground its current above-ground facilities
located on James Street and Russell Road, Kent, Washington; and
WHEREAS, Comcast will need to place coaxial and other lines in the same locations
in which the City is performing the Improvement Project and installing City
Facilities; and
WHEREAS, the installation of Comcast facilities shall include boring and/or
excavation of trenches, placement of Comcast facilities (as specifically designated
and/or provided by Comcast) in such bores or trenches together with City Facilities
and backfilling of said trenches, if necessary, as defined below (the "Work"); and
WHEREAS, the Parties recognize the efficiencies of entering into an agreement
whereby one trench will be dug for the Parties to relocate both the City Facilities
and Comcast facilities (jointly "Facilities") simultaneously.
AGREEMENT
NOW, THEREFORE, to facilitate construction of a joint utility trench, the Parties
agree as follows:
1. SCOPE OF WORK
The City will advertise for construction bids and enter into a contract for the
construction of a trench that shall include City, PSE, Century Link and Comcast
facilities. This trench will be placed within the levee prism at the intersection of
James Street and Russell Road and shall be referred to as the "Joint Trench." There
JOINT UTILITY TRENCH AGREEMENT - Page i of 9
(between City of Kent and Comcast re: SR-516 — S 231st Way Levee Improvements)
will be approximately three (3) trench crossings of James Street and Russell Road
along the length of the improvements to provide service to customers north of
James Street and East of Russell Road, and to provide continuity of service along
the east bank of the Green River. All utilities will use these trenches.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred
to as "the Contractor." The Contractor, pursuant to a contract with the City, shall
excavate the Joint Trench, install the Facilities, including Comcast facilities , install
the bedding material, backfill, compact the trench, proof all conduits and perform
any restoration required by the City, all to be performed in a good and workmanlike
manner consistent with industry standards (the "Work"). 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 with jurisdiction, 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. Comcast shall provide engineering drawings, specifications,
construction standards, quantities, and cost estimates to the City. These 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. Comcast shall be responsible for supplying conduits and
vaults for the Contractor's installation within the Joint Trench. Comcast shall install
the conductors with Comcast conduits after the completion of the Joint Trench
work. Comcast shall be responsible for any trenching and installation of facilities
outside of the Joint Trench area. Comcast shall coordinate with the City's Contractor
in accordance with subsection 3.D. All right, title and interest in the Comcast
facilities and associated equipment shall at all times remain with Comcast. Parties
hereto acknowledge and agree that Comcast shall in no event be required to
remove their respective, affected aerial facilities prior to completion of the
underground facilities in accordance with this Agreement, and then only so long as
said installation is completed in conformity with this Agreement.
C. Traffic Control. The City's Contractor shall provide all traffic control
associated with installation of Facilities within the Joint Trench area. Comcast shall
be responsible for providing traffic control during installation of Comcast facilities
not associated with the Joint Trench area.
JOINT UTILITY TRENCH AGREEMENT - Page 2 of 9
(between City of Kent and Comcast re: SR-516 - S 231" Way Levee Improvements)
i
D. Comcast Coordination. Comcast shall maintain reasonable and
continued coordination with the Contractor regarding the installation of Comcast
facilities. This coordination shall include but not be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Installation of conductors within Comcast conduits.
3. Trenching and installation of Comcast facilities not associated with
the Joint Trench.
E. Surveys. The City will provide the survey for the location of the trench
and vaults within the Joint Trench area; Comcast shall provide for survey outside of
the Joint Trench area.
F. Election Not to Proceed. If Comcast elects not to proceed with the
Work, Comcast shall obtain a separate permit for the installation and remain
liable for installing the Comcast facilities within the approved permit at the time
frame specified on the permit. Comcast shall also be responsible for any City
costs associated with re-designing the trench to remove Comcast work from the
project.
4. COMPENSATION
Trench costs. Comcast agrees to pay the City a portion of the trench costs,
including trenching, installation of Facilities and trench bedding and backfill,
commensurate with their proportionate share of trench usage as shown in Exhibit
A, attached hereto and incorporated by this reference. 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 and Comcast
agrees to pay the City for its portion of the actual construction costs.
A. Survey. Comcast 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 Comcast facilities.
B. Traffic Control. Comcast agrees to pay the City a proportionate share of
traffic control costs related to the Joint Trench areas where Comcast facilities are
present. The proportionate share shall be based on the trench usage as shown in
Exhibit A. Comcast shall be responsible to provide all traffic control during
installation of Comcast facilities not associated with the Joint Trench area.
C. 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 to approved change requests from the City or any
City-contracted third Party.
JOINT UTILITY TRENCH AGREEMENT - Page 3 of 9
(between City of Kent and Comcast re: SR-516 - S 231st Way Levee Improvements)
D. Claims by Contractor. Comcast agrees to pay the entire cost of any
claims made by the Contractor that are directly caused by Comcast's unreasonable
or unforeseeable actions, including but not limited to unreasonable delays caused
by installing Comcast facilities, unforeseeable delays caused by Comcast providing
materials, or any other unreasonable conflicts between the Contractor and
Comcast's contractor.
E. Vaults. Comcast agrees to pay for the excavation, site preparation, and
installation of the vaults being installed for Comcast's exclusive use ("Comcast
Vaults"), 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 and Comcast. The cost to excavate for and install Comcast
Vaults will be finalized after completion of construction and Comcast agrees to pay
the City for actual construction costs. The Parties will work with the Contractor to
keep the cost of the Comcast Vaults as close as reasonably possible to the
approved preliminary bid.
F. Invoice. Comcast agrees to pay the City within sixty (60) days after the
City sends Comcast an invoice for amounts that the Contractor has charged the
City, which Comcast has agreed to pay under this Agreement.
G. Defective or Unauthorized Work. Per the terms of the agreement
between the City and Contractor, Comcast reserves the right to withhold payment
from 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. If for any reason it is necessary to
satisfactorily complete any portion of the work, Comcast may complete the work .
using its own means and the City shall ensure that its agreement with Contractor
makes Contractor liable to Comcast for any additional costs incurred by Comcast
hereunder. "Additional costs" shall mean all reasonable costs incurred by the Parties
beyond the price included in the bid accepted by the City. Comcast further
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.
H. Final Payment/Waiver of Claims. The City will ensure that the
agreement with the Contractor provides that 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.
5. CHANGES.
i
Comcast shall submit any changes requested to be performed by the Contractor to
the City. The City shall submit this to the Contractor, obtain an estimated price
from the Contractor to perform the work, and notify Comcast of this estimated
price. Comcast shall have twenty four (24) hours after receiving the estimated
price from the City to respond. If Comcast chooses not to accept the Contractor's
JOINT UTILITY TRENCH AGREEMENT - Page 4 of 9
(between City of Kent and Comcast re: SR-516 - S 231s` Way Levee Improvements)
i
estimated 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.
6. 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 actual claims, injuries, damages,
losses or suits, including all legal costs and attorney fees but excluding incidental,
special, consequential or indirect damages not related to unreasonable delay of the
Contractor, arising out of or in connection with the performance of the Party's work
required under this Agreement, except to the extent the injuries and damages are
caused by the negligence or willful misconduct of the other Party. City further
agrees to indemnify, save harmless and defend Comcast from payment of any
federal, state, or local taxes or contributions or compensation imposed under
unemployment insurance, social security, income tax, labor, and any other laws
with respect to City's employees, agents, or contractors engaged in the
performance of the Work.
The indemnification from Comcast to the City shall include all actual claims,
injuries, damages, losses or suits from third Parties but excluding incidental,
special, consequential or indirect damages not relating to unreasonable delay of the
Contractor, arising out of the work performed by Comcast in the trench, except and
to the extent such injuries and damages caused by the negligence or willful
misconduct of the City.
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.
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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER PARTY SHALL BE
LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO FRUSTRATION OF
ECONOMIC OR BUSINESS EXPECTATIONS, LOSS OF PROFITS, LOSS OF CAPITAL,
COST OF SUBSTITUTE PRODUCT(S), FACILITIES OR SERVICES, DOWN TIME,BUT
NOT INCLUDING UNREASONABLE DELAY OF THE CONTRACTOR, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
JOINT UTILITY TRENCH AGREEMENT - Page 5 of 9
(between City of Kent and Comcast re: SR-516 - S 231" Way Levee Improvements)
i
7. 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, sub-consultants 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.
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.
S. 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 regarding future projects, and the City and Comcast expressly
herein reserve such rights. Notwithstanding anything in this Agreement to the
contrary, Comcast's participation in any activity contemplated in this Agreement
shall in no event be construed as 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 required by any existing or future
franchise agreement.
JOINT UTILITY TRENCH AGREEMENT - Page 6 of 9
(between City of Kent and Comcast re: SR-516 - S 231s' Way Levee Improvements)
9, TERM AND TERMINATION.
A. The initial term of this Agreement shall be no more than five (5) years
from the date this Agreement is executed by the last Party signing hereto.
Provided neither Party has terminated this Agreement pursuant to subsections (B)
or (C) below, the Agreement may be renewed by the Parties upon mutually agreed
upon terms.
B. Either Party shall have the right to terminate this Agreement for its
convenience by providing the other Party written notice sixty (60) days prior to the
date termination is desired; provided, that City shall not have the right to stop
Work on the Improvement Project prior to the stated termination date. Comcast
shall pay City for all Work completed prior to the termination date, less any monies
already paid by Comcast.
C. Either Party may terminate this Agreement for default in the event the
other Party has failed to satisfy its obligations under the Agreement, and fails to
remedy such problem within twenty (20) business days after receipt of written
notice of default from the Party seeking termination.
10. MISCELLANEOUS.
A. Compliance with Laws. The Parties shall comply with all federal, state
and local laws, rules and regulations throughout the performance of this
Agreement.
B. Nonwaiver of Breach. The failure of either 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 construed 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 regarding the terms 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 pursuant to
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 to the Parties at the addresses listed on the signature page of this Agreement,
JOINT UTILITY TRENCH AGREEMENT - Page 7 of 9
(between City of Kent and Comcast re: SR-S16 - S 231st Way Levee Improvements)
i
unless otherwise notified. Any written notice shall become effective either upon
actual delivery, or three (3) calendar days after the date of mailing by registered or
certified mail, whichever comes first, 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 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 portions of this Agreement and such 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 Party in any manner
to create obligations or debts which would be binding upon that Party, and; (ii) be
responsible for any obligation or expense whatsoever of another Party.
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
the body of this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the Parties below have executed this Agreement.
i
JOINT UTILITY TRENCH AGREEMENT - Page 8 of 9
(between City of Kent and Comcast re: SR-516 - S 231s' Way Levee Improvements)
I
COMCAST OF WASHINGTON IV, INC. CITY OF KENTel—
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Print Nre f e f 1' Print
Title: ( .. C-d �t')�'F'r f #/ Title: �' '� ,..
DATE e4 Wit("X J DATE / ff
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
COMCAST CITY OF KENT
Comcast City of Kent
410 Valley Avenue NW, Suite 12, Bldg C 220 Fourth Avenue South
Puyallup WA 98371 Kent WA 98032
Attn: Bill Walker Attn: Tobias Hallock
253 288-7538(Desk) (253) 856-5536 (Desk)
(206) 255-6975 (Cell) (253) 856-6500 (Fax)
(253) 864-4389 (Fax)
With a copy to: APPROVED AS TO FORM:
Comcast Cable Communications LLC
One Comcast Center, SOrh Floor � '
Philadelphia, PA 19103 Kent Law Department
Attention: Cable Law Dept - Operations
III
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JOINT UTILITY TRENCH AGREEMENT - Page 9 of 9
(between City of Kent and Comcast re: SR-516 — S 231st Way Levee Improvements)
Attachment A
Comcast Joint Trench Costs
Note: In accordance with Comcast's franchise agreement with the City of Kent, Comcast is
responsible for their cost of the joint trench based on the ratio of Comcast conduits to the total
number of conduits In the trench. The following table summarizes the various trench segments,
Comcast's quantity of conduits and the total number of conduits assigned to other trench
participants. The costs attributable to Comcast for each trench segment are based on the unit
trench cost per lineal foot shown in Table IA.
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TABLE 1
Trench Length, Conduits and Shared Cost by Stationing
Mainline Trench
Note: City pays 100% of PSE Power's trench cost
Rev 2/25/2015
Cost of Trench Per Lineal Foot from Table 1A: $54.39
Station 1+95 Crossing (L=50')
Total Cost of Trench Segment: 50 LF x $54.39 per LF = $2,719.66
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 3 24" 50 20% $ 543.93
1-2"
PSE Power 4 2-6" 50 20% $ 543.93
1-3", 1-4"
Comcast 3 34" 50 23% $ 627.61
1-2"
PSE GAS 1 14" 50 20% $ 543.93
CITY 2 1-4::" 50 20% $ 543.93
1-2"
Station 1+95 to 4+95 THRENCH-Crossing to PV01(L=300')
Total Cost of Trench Segment: 300 LF x $54.39 per LF= $16,317.96
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 2 2-4" 300 20% $ 3,263.59
PSE Power 3 2-6" 300 20% $ 3,263.59
1-4"
Comcast 3 3-4" 300 30% $ 4,895.39
PSE GAS 1 14" 300 20% $ 3,263.59
CITY 1 1-4" 300 20% $ 3,263.59
Station 4+95 to PV01 (L=55')
Total Cost of Trench Segment: 55 LF x $54.39 per LF= $2,991.63
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 2 24" 55 33% $ 987.24
PSE Power 3 2-6" 55 33% $ 987.24
1-4"
Comcast 3 3-4" 55 38% $ 1,121,86
PSE GAS 0 55 0% $ -
2/27/20153:25 PM
Russell Join trenchCOMCAST Costs 20150225 SPL.xIs
I
Trench Length, Conduits and Shared Cost by Stationing
Mainline Trench
Note: City pays 100%of PSE Power's trench cost
Rev 2/25/2015
Cost of Trench Per Lineal Foot from Table 1A: $54.39
Station PV01 to IP1-1P4 (L=40')
Total Cost of Trench Segment: 40 LF x $54.39 per LF = $2,175.73
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 0 40 0% $ -
PSE Power 6 4-4" 40 50% $ 1,087.86
2-6"
Comcast 5 5-4" 40 45% $ 988.97
PSE GAS 1 0 1 40 0% $
Station IP1-IP4 to POLE (L=125')
Total Cost of Trench Segment: 125 LF x $54.39 per LF= $6,799.15
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 0 125 0% $
PSE Power 0 125 0% $ -
Comcast 2 2-4" 125 100% $ 6,799.16
PSE GAS 0 125 0% $
Station 4+95 to 6+00 (L=105')
Total Cost of Trench Segment: 105 LF x $54.39 per LF= $5,711.29
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 1 1-4" 105 33% $ 1.884.72
PSE Power 0 105 0% $ -
Comcast 0 105 0% $ -
PSE GAS 1 14" 105 33% $ 1,884.72
CITY 1 1-4" 105 33% $ 1,884.72
2/27/20153:25 PM
Russell Join trenchCOMCAST Costs 20150225 SPL.xIs
Trench Length, Conduits and Shared Cost b Stationing
9 � Y 9
Mainline Trench
Note: City pays 100% of PSE Power's trench cost
Rev 2/25/2016
Cost of Trench Per Lineal Foot from Table 1A: $54.39
Station 6+00 TO COMCAST HH (L=100')
Total Cost of Trench Segment: 100 LF x $54.39 per LF= $5,439.32
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 0 100 0% $
PSE Power 0 100 0% $ -
Comcast 2 2-4" 100 100% $ 5,439.32
PSE GAS 0 100 0% $ -
Station 6+00 to 7+49 (L=149')
Total Cost of Trench Segment: 149 LF x $54.39 per LF = $8,104.59
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 0 149 0.0% $ -
PSE Power 1 14" 149 25.0% $ 2,026.15
Comcast 2 24" 149 50% $ 4,052.29
PSE GAS 1 1-4" 149 25% $ 2,026.16
CITY 1 1-4" 149 26% $ 2,026.15
Station 7+49 to CROSSING J03 (L=50')
Total Cost of Trench Segment: 50 LF x $54.39 per LF= $2,719.66
Trench Number of Size of Percentage of
Participant Conduits Conduit Trench Length Trench Cost Cost
Century Link 0 50 0.0% $ -
PSE Power 1 1-4" 50 50.0% $ 1,359.83
Comcast 2 24" 50 67% $ 1,813.11
City 0 50 0% $ -
PSE GAS 0 50 0% $
2/27/20153:25 PM
Russell Join trenchCOMCAST Costs 20150225 SPL.xIs
i
Trench Length, Conduits and Shared Cost by Stationing
Mainline Trench
Note: City pays 100% of PSE Power's trench cost
Rev 2/25/2015
Cost of Trench Per Lineal Foot from Table 1A: $54.39
TOTAL TRENCH COST FOR NON SCHEDULE 74
TRENCHING
CENTURY Link 6,679.49
PSE Power 9.268.60
Comcast 25,737.71
PSE GAS 7,718.40
City 7,718.40
i
Total $49,559.19
2/27/2 01 5 3:25 PM
Russell Join trenchCOMCAST Costs 20150225 SPL.xls
COMCAST JOINT TRENCH COSTS----JAMES STREET
FINAL BILLING
COMCAST
Cost and Quantities Utility Work
Trenching (shared costs between PSE Power, PSE Gas, CENTURY LINK, Comcast,City)
Note: City pays 100%of PSE Power's trench cost
Rev 2/25/2015
TABLE 1A JOINT TRENCH CONSTRUCTION
Detail Trench Components Unit Qty Unit Price Extended Price
1005 Clearing and Grubbing LS 1 $ 1,000.00 $ 1,000.00
9015 Utility Trench, 2 Ft Wide,T cover LF 0 $ 38.70 $ -
9016 Utility Trench, 2.5 Ft Wide,3'cover IF 0 $ 46.12 $ l
9017 Utility Trench, 3 Ft Wide,T cover LF 407 $ 25.00 $ 10,175.00
9018 Utility Trench, 3.5 Ft Wide,3'cover LF D $ 58.69 $ -
9019 Utility Trench, 4 Ft Wide,T cover LF 620 $ 25.00 $ 15,500.00
1105 Asphalt Patch TONS 0 $ 130.00 $ -
1050 Saw Cut Existing Asphalt Pavement LF 200 $ 7.50 $ 1,500.00
1055 Saw Cut Existing Concrete Pavement LF 0 1 $ 5.25 $ -
Replace concrete Road Panels BY 0 $ 400.00 $ -
9020 Gravel Borrow for Utility Trench Backfill TONS 311 $ 21.00 $ 6,531.00
9021 Sand for bedding TONS 255 $ 20.00 $ 5,100.00
9022 Control DensityFill CY 0 $ 115.00 $ -
Control DensityFill-COLOR TINT CY 0 $ 115.00 $
2255 Shoring or Extra Excavation,Class B, IncludingHaul SF 0 $ 1.00 $
5015 Traffic Control Supervisor HRS 0 $ 5.500 $
5005 Traffic Control Labor HRS 0 $ 47.00 $
5020 Traffic Control Devices LS i $ 3,000.00 $ 3,000.00
Subtotal Trench Expense $ 42,806.00
6%Moboilization Fee S 2,568.36
15%Construction/Engineering/I nspection Costs $ 6,420.90
9.5%Sale Tax $ 4,066.57
Total Trench Expense $55,862
Total trench length(feet) 1,027
Trench cost per lineal foot $54.39
TABLE 2 VAULT AND CONDUIT INSTALLATION
Reference Vault Excavation and Installation COMCAST expense) Unit Qty Unit Price Extended Price
2'X2'X3'vault as
0 $ 708.00 $
5'2.5"x 2'3"x TV253-LA ea 2 $ 1,000X0 $ 2,000.00
Installation&Proofing 2"conduit ea 75 $ 29.00 $ 2,175.00
Installation&Proofing 4"conduit ea 2350 1 $ 11.85 $ 27,847.50
$32,023
6%Mobilization Fee $1,921
Subtotal COMCAST Work $33,944
TABLE 3 CONSRUCTION/ENGINEERING/INSPECTION
15%Construction/En ineerin /Ins ection Costs $4,803
9.5%Sale Taxi 3,225
Subtotal Construction/Engineeringlinspectionj $8,028
Total COMCAST Work and CONSTRUCTION/ENGINEERINGIINSPECTION $41,972
312/2 01 5 1 0:15 AM
Russell Join IfenchCOMCAST Costs 20150225 SPL.As
ATE
A� CERTIFICATE OF LIABILITY INSURANCE D04/2912015DYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the -
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
MARSH USA INC. NAME` _
1717 Arch Street AICNNa Ext: AlC No:
Philadelphia,PA 19103.2797 E-MAIL
Attn:Comcast.Certs@marsh.com Fac 212-94B-0360 ADDRESS:
INSURERS AFFORDING COVERAGE NAIC#
05194-ALL--14-15 INSURER A:ACE American Insurance Company 22667
INSURED INSURERS: Indemnity Ins CO Or North America 43575
COMCAST OF WASHINGTON IV,INC,
15815 25TH AVE W INSURER C ACE Property And Casualty Ins Co 20699
LYNNWOOD,WA 98087 INSURER D:
INSURER E: _
INSURER F:
COVERAGES CERTIFICATE NUMBER: CLE-003978331-04 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE SIR D MD POLICYNUMBER MMIDDYYYY MMIDOYYYY LIMITS '
A GENERAL LIABILITY XSLG27340313 12101/2014 12/0112015 EACH OCCURRENCE $ 4,900,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccunence $ 4,900,000
7 CLAIMS-MADE M OCCUR MED EXP(Anyone person) $ 10,000
X SIR:$100,000 PERSONAL&ADV INJURY _$ 4,900,000
GENERAL AGGREGATE $ 25,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 6,000,000
X POLICY PRO- LOC $
A AUTOMOBILE LIABILITY ISAH08830502 12101/2014 1210112015 COMBINED SINGLE LIMIT 5,000,ODO
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTYDAMAGE $
HIREDAUTOS AUTOS Per cg_gklentL
$
C X UMBRELLA LIAR X OCCUR XOO G27636895 12f01/2014 1210112015 EACH OCCURRENCE $ 10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
DED RETENTION$ $
B WORKERS COMPENSATION WLRC48140087(AOS) 1210112014 12/0112015 X I WC STA71U aTH-
AND EMPLOYERS'LIABILITY
A ANY PROPRIETORIPARTNERJEXECUTIVE Y� NIA WLRC48140105(CA,MA) 1MI12014 1210112015 2,000,000
E.L.EACH ACCIDENT $
OFFICER ry in N R EXCLUOEDP
A (Mandatory in NH) SCFC48140129(WI) 121D112014 1210ll2015 E.L.DISEASE-EA EMPLOYE $ 2,000,000 �
Ifyes,describe under 2,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Excess Workers Compensation WCUC48140130(WA) 1210112014 1210112015 Ea AcdDis EmployeelDis Policy 2,000,000
SIR 5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more apace is required)
CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY POLICY AND AUTOMOBILE LIABILITY POLICY WHERE REQUIRED BY WRITTEN CONTRACT WITH THE
NAMED INSURED,
CERTIFICATE HOLDER CANCELLATION
CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
220 FOURTH AVENUE SOUTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
KENT,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Manashi Mukherjee
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
I
KENT
'Naein xcrory
Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: May 19, 2015
SUBJECT: Upper Russell Road Levee - South Reach Project- Joint Trench
Agreement with Comcast
MOTION: Authorize the Mayor to sign the Joint Trench Agreement between
the City of Kent and Comcast for the underground conversion of overhead
utilities for the Upper Russell Road Levee - South Reach Project, as
approved by the City Attorney and Public Works Director.
SUMMARY: The focus of the project is to construct the remaining portion of the
Upper Russell Road Levee South Reach, north of James Street along the Lakes
Community. A secondary levee will be constructed landward of the existing levee on
the right back (east side) of the Green River in order to meet FEMA's levee
accreditation requirements.
In order to perform the above described work, existing overhead Comcast
communication lines will need to be relocated underground. A Joint Utility Trench
Agreement must be in place in order for the City to be reimbursed by Comcast for its
share of the cost of the work to underground their utilities.
EXHIBITS: Joint Trench Agreement between the City of Kent and Comcast
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY:
BUDGET IMPACTS: There will be no impact to the budget for construction costs as
funding will be reimbursed by the King County Flood Control District through an
Interlocal Agreement signed on April 20, 2015.
it
REQUEST FOR- MAYOR'S SIGNATURE
10EIVT Friar On ` PEE¢ ycC Pius .d p poi
11 ..<,
Routing Information(ALL REQUESTS MUST FIRST.BE ROUTED.THROUG14-THE,LAw DEP,�ARTM9 NT)
j, Appr,;;;;. 1 !! nr_
Originator:Cko lCt4l O 1,jnCbj&j Phone Ori inafor :
Date Sent: 1,T Date Required: 9of
Return Signed Document to: Cheryl Visem Contract Termination Date:S y
VENDOR NAME: Date Finance Notified:
co"'S i° 6-P W%�t C (Only required on contracts
10 000 and over or on any Grant
DATE TF COUNCIL APPR®VAL; bate Risk Manager Notified: �,/ 27 [5
.I9PT (�' (Required on Non-CityStandard Contrac s A reennents
Has this Document been Specifically Account Number: GRr
Authorized in the Budget? 0 YES Q NO NA N/A
Brief Explanation of Document:
Comcast will place lines in the same location in which the city is constructing the remaining portion of
the Upper Russell South Reach, located within the right of way of Russell Road between James
Street and South 237th PI.
No budget impact for construction costs. Funding will be reimbursed by KCFCD th A
which was signed on April 20, 2015.
All Contracts Must Be Routed Through The Law Department ;
q t (TWarea'to'be)co't`npleted by tl e'NX '�'',rR1`ent)
Received: �
Approval of Law Dept.:
Law Dept. Comments. P1 ! T ( 4J f .i
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received.
Recommendations and Comments:
q a:
Disposition: 11m_ rW
cif
xc= # t
r aye C f #t7C # a :
Date Returned:
PSCINI£otm l�ocumentPmcessingwequesl orr ayos 9ne ure. nce.