HomeMy WebLinkAboutPW17-394 - Original - MCI Communications Services Inc - Joint Trench Agreement - 07/06/2017 --re m e n
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KEN` " Document hM A°.}h1ING P C7N
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 q,oestions, please contact City Clerk's office.
Vendor Name: MCI Communications Services, Inc.
"vendor Number:
JD Edwards Number
Contract Number: il- q
This is assigned by City Clerk"s Office
Project Name: Joint Trench Agreement - S 228th St Grade Separation at the UPRR 72"
Ave S to the UPRR with MCI.
Description: ❑ Interlucal Agreement ❑ Change Order ❑ Amendment ❑ Contract
0 Other: Joint Trench Agreement w/MCI
Contract Effective Date: July 6, 2017. Termination Date: End of Const.
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: PW Engineering /Design
Contract Amount: Est. $69,859
Approval Authority: Z Department Director ❑ Mayor El City Council
Detail: (i.e. address, location, parcel number, tax ids, etc.):
The city will advertise for construction bids-and enter into-a contract with a Contractor-for
the construction of a Joint Utility Trench which will include MCI, Comcast, Century Link,.
Zayol...PSE.-power &-P-SE gas Facilities. The trench.will be placed along-the north-.-side o f S
228t" St btwn 72"d Ave S and the UPRR. All Utilities required to cross S 228th Street will
use this trench, ...
As of: 08/27,/14
JOINT TRENCH AGREEMENT
Between the City of Kent and MCI
for the S. 2281h St. GRADE SEPARATION AT THE UNION PACIFIC RAILROAD—
(72ND AVE S. to the Union Pacific Railroad)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"),and MCI Communications Services, Inc., a Delaware corporation ("MCI").
RECITALS
WHEREAS, the City is making right-of-way improvements to S. 228`h Street, and
WHEREAS, it is the City's belief that under State law, these right-of-way improvements
require MCI to relocate their facilities that are currently in conflict with this project, 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.
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 which shall include MCI, Comcast,
Century Link, Zayo, PSE power and PSE gas facilities. This joint utility trench will be placed
along the north side of S. 228th Street, between 72°d Ave. S. and the Union Pacific Railroad.
There will be approximately one (1) trench crossings of S. 228th Street to serve customers on the
south side of the street. All utilities requiring to cross S. 228th Street will use this trench.
2. 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 and install MCI, Comcast, Century Link, Zayo, PSE power and PSE gas
facilities, accommodate and coordinate the installation of MCI 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;
JOINT TRENCH AGREEMENT—Page 1 of 11 (June 19,2017)
(between City of Kent and MCI Re:S.228`h Street)
(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.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. MCI shall provide engineering drawings, specifications, construction
standards, estimated material quantities, and cost estimates to the City for the underground
relocation of MCI'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.
B. Installation. MCI shall furnish their conduit for installation by the City's
contractor in the City provided trench and shall furnish, and deliver to the site all vaults for
installation by the City's contractor in a timely manner as outlined in subsection 3.1). MCI shall
schedule all deliveries and work so as not to delay the City's contractor. All rights, title and
interest in the facilities and associated equipment shall at all times remain with MCI. Parties
hereto acknowledge and agree that MCI shall in no event be required to remove their respective,
affected facilities, prior to completion of their underground facilities, in accordance with this
Agreement, as long as said installation is completed in conformity with this Agreement.
C. Traffic Control. The City's contractor shall perform all traffic control associated
with installation of facilities within the contractor controlled open trench area. MCI shall be
responsible for providing traffic control during installation of facilities not associated with or in
the controlled open trench area.
D. MCI Coordination. The City's contractor will install MCI's conduit in the street
crossings. The City's contractor will excavate for and place MCI vaults in the trench including
bedding and backfill. MCI shall maintain continued coordination with the City's contractor
regarding the installation of MCI's 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) The City's contractor shall provide MCI daily scheduling notifications
(3) MCI shall coordinate closely with the City's contractor to provide all
necessary materials in a timely manner.
E. Surveys. The City will provide the survey for the location of the trench and
vaults.
JOINT TRENCH AGREEMENT—Page 2 of 11 (June 19,2017)
(between City of Kent and MCI Re:S. 228'h Street)
F. Election Not to Proceed. If MCI elects not to proceed with joining in the trench provided
by the contractor, MCI shall obtain a permit from the City and remain liable for completing all
work in accordance with the letters sent to MCI dated October 7, 2016 and March 17,2017.
4. COMPENSATION
A. Trench costs. MCI agrees to pay the City a portion of the trench costs, including
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 to account for actual construction costs.
B. Street Crossings. MCI agrees to pay for the installation costs for the City's
contractor to install MCI's conduits in the street crossings. These costs are in addition to the
trench costs outlined in subsection 4. A herein.
C. Survey. MCI 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 MCI facilities.
D. Traffic Control. MCI agrees to pay the City a proportionate share of traffic
control costs related to the contractor controlled open trench areas where MCI facilities are
present. The proportionate share shall be based on trench usage as shown in Exhibit A. MCI
shall be responsible to pay for all traffic control during the installation of MCI facilities, not
associated with the controlled open trench area.
E. Additional Expenses. MCI agrees to pay their proportionate share of additional
expenses incurred due to all MCI's approved change requests requiring additional trench depth
or width and for unforeseen conditions, including but not limited to dewatering for ground water
and delays caused by MCI providing materials. MCI will not pay for any share of additional
expenses incurred due solely to approved change requests from other private utilities and/or the
City.
F. Vaults. MCI agrees to pay for the excavation, site preparation, and installation for
their 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 MCI's vaults will be finalized
after completion of construction to account for actual construction costs.
G. Invoice. MCI agrees to pay the City within sixty (60) days of being invoiced by
the City for amounts that the contractor has invoiced the City, and which MCI has agreed to pay
under this Agreement.
JOINT TRENCH AGREEMENT—Page 3 of 11 (June 19,2017)
(betiveen City of Kent and MCI Re:S. 228"Street)
H. Defective or Unauthorized Work. Per the terms of the agreement between the
City and contractor, MCI 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 MCI's approval. If for any reason it
is necessary to satisfactorily complete any portion of the work, MCI may complete the work
using its own means.
I. 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.
5. CHANGES.
MCI shall submit any changes requested to be performed by the City'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 MCI of this price. MCI shall then have five (5)business days from the time
it receives the price from the City, within which to respond. If MCI chooses not to accept the
contractor's price then this work shall only be performed by MCI 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, their 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, 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, by
payment or bonding, any lien created by it on the property of another.
JOINT TRENCH AGREEMENT—Page 4 of 11 (June 19,2017)
(between City of Kent and MCI Re:S. 228'h Street)
7. INSURANCE.
The City's contractor shall maintain in full force and effect 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 operationsibroad 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.
Deductibles/Certificate of Insurance
Any deductible of the policies shall not in any way limit Contractor's liability to the City.
A. Endorsements.
(1) 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
JOINT TRENCH AGREEMENT—Page 5 of 11 (June 19,2017)
(between City of Kent and MCI Re:S. 228`A Street)
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.
B. Acceptability of Insurers. The insurance obtained by Contractor shall be placed with
insurers with a Best's rating of no less than "A VII."
C. 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.
8. FRANCHISE AGREEMENT.
The City and MCI 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 MCI, and the City and MCI expressly herein reserve such rights. Notwithstanding anything
in this Agreement to the contrary, MCI'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
acceptance, affirmation or ratification of the City's construction of MCI's obligation to
underground their facilities and enter into a writing pursuant to the franchise agreement, and
parties understand and agree that the terms and conditions of this Agreement shall not be
considered as a basis for future undergrounding projects that maybe franchise-required.
9. 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
JOINT TRENCH AGREEMENT—Page 6 of 11 (June 19,2017)
(benveen City of Kent and MCI Re:S.228"'Street)
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 in any event three(3) calendar days
after the date of mailing by registered or certified mail, or the next day if sent by overnight
courier,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 the affected parties.
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.
JOINT TRENCH AGREEMENT—Page 7 of 11 (June 19,2017)
(between City of Kent and MCI Re:S. 228`h Street)
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 8 of 11 (June 19,2017)
(between City of Kent and MCI Re:S. 228'h Street)
IN WITNESS WHEREOF, the parties below have eXecaated this Agreement.
ICI CO1'w'➢MUNI+CATitDNS SERVICES, INC. CITY OF KENT
µ...
Print NalTle: Marty Hersh I'c•iatt i"Jaa-ne: 4u 0-t�\
Title: Associate Director Title: 1 m �rec
Networ➢c En�ineering and Operations
IRATE DATE
NOTICES TO BE SENT 'IBC). NOTICES TO BE SENT TO:
MCI. CITY OF KENT
MCI Com.nlunications Services Inc. City of Kent
6929 N. Lakewood Ave, 220 Fourth Avenue South
Tulsa, OK 74117 Kent. WA 98032
Attn: Steve Stull Attn: Chad Bicren
(918) 590-5916 (Desk) 253 856-5534 (Desk)
918 504-9547 Cell (253) 856-6500 (Fax)
With a copy to: APPROVED AS TO ➢ORM:
MCI CommUnications Services, Inc.
11311 NE 120°i Street
Kirkland„ WA 98034
Attention: Scott Christenson Kent Law Department
A':.C'n I I'll,lr5l(1arral°ilcslC)177-2CN051]uioata aen�liA kac�aax iobl uinic:rtr;i-MiGiiai}txual.d¢r:•.
JCJINI "11t_1.NCH AGREEMENT—Page 9 of 11 (June 19,2017)
(between 01,y of'Zw ent and AICI Re:S. 228"'Street)
Exhibit A
S, 228"' Street Joint 'French Agreement
72ND AVE. S.
f
LEGEND:
JO NT UTILITY
TRENCH LOCATION
co
JOIINT TRENCH AGREEMENT
5 228TH ST GRADE SEPARATION
AT THE UNION PACIFIC RAILROAD
EMBIT A
g
INTERURBAN TRAIL
UNION PACIFIC RAILROAD
-------------
JOINT"FRENCH AGREEMEN'I'--Page 10 of I I (June 19, 2017)
(between Cit.1,qfKeml and AlCl Re: S. 228""Street)
Exhibit B
S. 228"' Street Joint Trench Agreement
VE,'RIZON COST FOR: (SHARING MAIN 301WITRUNCI-1 VAULT.% AND MINOR
IRENGIE'S FOR WULTS CONNEC11,0145)
Year;D so
VERIZON—TOTALCOST
I I Joitit Trench By Linear Foot EA S 41,796 S 41.796
6014 28 Joint U61ity Trench(21t."tide.4 Ft.) LE S 25 S 700
Crushed Sarfacing,Top Cause:I 'S Inch—Minus For Trenclw.sto
6011 20 colinect 4 Vadts TON S 25 S 500
6036 5 Sand for Conduits Bedding For Trenches to Cominect 4 Vadts TO*N 5 25 S 125
6045 7 Perin eable Ballast for'`atits lthtala on TON' S 25 S 163
6061 1 Veriz on-l+7aultExca,�tio.natidltistallation EA S 2,000 S 2.000
6070 753 Verizon-InsWlaiton and Proofi_m of 4 InchDiatrieter Conekat LF 5 6 S 4,519
6100 5 Non.Woven G ealextile Fabric For V ault In-qall afion SY S 4 S 21
6110 115 S110fin.or Extra Excavation C'l ass B SF S .77=5S 36
TOTAL SCHEDU LEI IS 49-999
Eli GINEERING&CONTINGENCY COST
2V,6En, neeringg&ConstuctionManagemeirt S 9.930
1 V,,6 caltingeticy S 4390
101`6 Sale Tax 4,990
TOTAL ENGINEERING &CONTINGENCY COST S 19,960
ITOTAL PROJECT COINSTRUCTIONCOST I S 69,859
JOINT TRENCH AGREEMENT—Page 11 of 11 (June 19,2017)
(betweeii CilY ql'Kew and MCI Re., S 228"'Sl)-eq)