HomeMy WebLinkAboutCAG2019-008 - Original - MCImetro Access Transmission Services Corp. - Joint Trench Agreement - 01/17/2019 KENT Records Management Document
CONTRACT COVER SHEET
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Vendor Name: MCI
Vendor Number (JDE):
Contract Number (City Clerk): lot— 0ow
Category: Contract Agreement
Sub-Category (if applicable): None
Project Name: SE 248th Street Improvements
I n 101
Contract Execution Date: M nature Termination Date: N/A
Contract Manager: Ken Langholz Department: PVV: Engineering
Contract Amount:
Budgeted: IV—/] Grant?
Part of NEW Budget: El Local: F-1 State: 0 Federal: F1
Related to a New Position: 1:1
Basis for Selection of Contractor? Other
Approval Authority: 1:1 Director FV_/1 Mayor ❑ City Council
Other Details: Joint utility trench aqreement for the iDroiect,
.............
JOINT TRENCH AGREEMENT
Between the City of Kent and MCI
for the SE 248", Street Project
(107th Avenue SE to l 1 Ors' Court SE)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"), and MCImetro Access Transmission Services Corp., a Delaware
corporation ("MCI").
RECITALS
WHEREAS, the City is making right-of-way improvements to SE 248°i 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
A Contractor (as hereinafter defined) has been retained for the construction of a joint
utility trench which shall include MCI, Comcast, Century Link and Puget Sound Energy power
facilities. This joint utility trench (Trench) will be placed along the north side of SE 248"' Street
between 107°1 Ave. SE and I I Oth Court SE as referenced in the plan sheet attached as Exhibit A.
There will be approximately two (2) trench crossings of SE 248th Street to serve customers on
the south side of the street. All utilities that cross SE 248"' Street will use these trenches.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired to perform this work is referred to as "Contractor" in
this Agreement. Contractor, pursuant to a separate contract shall excavate the trench and install
MCI, Comcast, Century Link and PSE power 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
JOINT TRENCH AGREEMENT-Page 1 of 11 (December 26, 2018)
(between City of Kent and MCI Re.SE 248"'Street)
procedures and requirements of the parties as described herein; (ii) all applicable laws,
ordinances and regulations of any governmental authority, and; (iii) all applicable tenns 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 Contractor controlled open trench area.
B. Installation. MCI shall furnish their conduit for installation by Contractor in the
trench and shall furnish, and deliver to the site all vaults for installation by Contractor in a timely
manner as outlined in subsection 3.D. MCI shall schedule all deliveries and work so as not to
delay 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, so long as said installation is completed in
conformity with this Agreement.
C. Traffic Control. Contractor shall perform all traffic control associated with
installation of facilities within 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. Contractor will install MCI's conduit in the street crossings.
Contractor will excavate for and place MCI vaults in the trench including bedding and backfill.
MCI shall maintain continued coordination with 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) Contractor shall provide MCI daily scheduling notifications
(3) MCI shall coordinate closely with 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 (December 26, 2018)
(between City of Kent and MCI Re:SE 248"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 email sent to MCI dated September 25, 2018.
4. COMPENSATION
A. 'french costs. MCI agrees to pay the City a portion of the trench costs, including
trench bedding and baekfill, commensurate with their proportionate share of trench usage as
shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will be
agreed upon prior to construction based on an estimate from the quote 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 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 Contractor has invoiced the City, and which MCI has agreed to pay
under this Agreement.
JOINT TRENCH AGREEMENT—Page 3 of l I (December 26, 2018)
(between City of Kent and MCIRe.SE 348"Street)
H. Defective or Unauthorized Work. MCI reserves the right to withhold payment
from the City for any defective or unauthorized work performed by 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 Contractor, except those previously and properly made and
identified by Contractor as unsettled at the time request for final payment is made.
5. CHANGES.
MCI shall submit any changes requested to be performed by Contractor to the City. The
City shall submit this to Contractor; obtain a price from 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 Contractor's price
then this work shall only be performed by MCI according to a mutually agreed upon schedule
with Contractor so as not to cause delay to Contractor.
6. MUTUAL 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.
7. INSURANCE.
JOINT TRF,NCH AGREEMENT—Page 4 of 11 (December 26, 2018)
(between City of Kent and MCI Re: SE 248°i Slreeo
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 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 operations/broad 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
with respect to liability arising out of activities performed by, or on
behalf of, Contractor under this contract;
JOINT TRENCH AGREEMENT—Page 5 of 11 (December 26,2018)
(between 011,of oral NIC7 Re. SE 248"Street)
(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. Acceltahility 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 o ("oveea e; Contractor shall fumish 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 terns and conditions of this Agreement shall not be
considered as a basis for future undergrounding projects that may be franchise-required.
9. MISCELLANEOUS.
A. Compliance with Laws. The parties shall comply with all federal, state and local
laws, Hiles 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 Page6 of 11 (December 26, 2018)
(between City of Kent and MCI Re: SE 248"'So cet)
more instances, shall not be constricted 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. YI'ritten 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
goverunent 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 (December 26, 2018)
(between City of Kent and MCI Re-SE 248"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 1 1 (December 26,2018)
(behveen City of Kent and MCI Re.SE 248i'Street)
IN WITNESS WHEREOF, the parties below have executed this Agreement.
MCImetro Acc ss Transmissiori" ervices Corp. CITY OF KENT
Print Nat Marty Hersh Print Nanue
Title: Director Title: t Y n h ,wtiy
Network Engineering and Operations—
DATE .......
J'� �� c DATE � 1
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
MCImetro Access Transmission Services Corp. CITY OF KENT
MCImetro Access Transmission Sct-yiccs C'.oM City of Kent
6929 N. Lakewood Ave. 220 Fourth Avenue South
—..................... ..............................._ _...._..m__.......m...m.......................................
Tulsa, OK 74117 Kent WA 98032
Attn: Steve Stull Attn: Chad Bicren
(918) 590-5916 (Desk) _ (253) 856-5534 (Desk)
(918) 504-9547 (Cell) (7531 856 6500 (Fax)
With a copy to: APPROVED
—yA�S TO FORM:
Y MCImetro Access Transmission Services Corp„11311 NE 1201h Street
Kirkland, WA 98034
Attention: Scott Christenson Kent Law Department
P'.�PuMICI PRO I FCTS_In DCYg11 17-10Ii YMI J 3(I UlJili.y 31 3 V au W.,[...(MCI)V1.1.ipMCp loLilTanchAgreemen12D14th 9 N IS&,
JOINT TRENCH AGREEMENT—Page 9 of 11 (December 26,2018)
(betia,een City of Kent and MCI Re: SE 248"Street)
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City of Kent MORRILL MEADOWS/EAST HILL PARK
Public Works Department & YMCA
lCE1�1? Engineering Division JOINT TRENCH EXHIBIT A
EXHIBIT B
5E 248th Street Improvements
JOINT UTILTIY TRENCH
Installation of risers, pedestals, and power cabinets is excluded.
Conduit elbow will be installed at the base of the riser if provided.
Supply of vaults and conduit is excluded.
1/10/2019
DESCRIPTION QTY UNIT UNIT TOTAL
PRICE AMOUNT
PSE SHARE OF COSTS
PSE - 2" Conduit Installation & Proofing 775 LF 4.18 $3,240.99
PSE - 3" Conduit Installation & Proofing 360 LF 4.97 $1,787.77
PSE - 4" Conduit Installation & Proofing 2,400 LF 5.75 $13,800.35
PSE - 6" Conduit Installation & Proofing 1,955 LF 7.06 $13,796.43
PSE - Vault Excavation & Installation 3642 3 EA 2,038.69 $6,116.07
PSE - Vault Excavation & Installation 575 3 EA 2,979.62 $8,938.86
PSE - Vault Excavation & Installation Switch 1 EA 7,318.37 $7,318.37
PSE - Handhole Installation 1 EA 627.55 $627.55
Trench Costs---25% of $253,209.29 $63,302.32
SUBTOTAL $118,928.72
SALES TAX 10% $11,892.87
Const/engr/inspection 15% $17,839.31
GRAND TOTAL $148,660.90
COMCAST SHARE OF COSTS
Comcast - 4" Conduit Installation & Proofing 3,195 LF 5.75 $18,371.72
Comcast - Vault Excavation & Install (SGLB 2436) 2 EA 261.37 $522.74
Trench Costs---25% of $253,209.29 $63,302.32
SUBTOTAL $82,196.78
SALES TAX 10% $8,219.68
Const/engr/inspection 15% $12,329.52
GRAND TOTAL $102,745.98
CENTURYLINK SHARE OF COSTS (To a oa"d by the Citv
Century Link - 4" Conduit Installation & Proofing 1,100 LF 5.75 $6,325.16
Century Link Vault Excavation and Install 264TA 3 EA 2,927.35 $8,782.04
Century Link Vault Excavation and Install 4484 1 EA 3,868.28 $3,868.28
Trench Costs---25% of $253,209.29 $63,302.32
SUBTOTAL $82,277.81
SALES TAX 10% $8,227.78
Const/engr/inspection 15% $12,341.67
GRAND TOTAL $102,847.26
Page 1 of 2
1MCl/VERIZON SHARE OF COSTS
Verizon - 4" Conduit Installation & Proofing 1,000 LF 5.75 $5,750.15
Verizon - Vault Excavation & Installation 444-LA 2 EA 2,613.70 $5,227.41
Trench Costs---25% of $253,209.29 $63,302.32
SUBTOTAL $74,279.88
SALES TAX 10% $7,427.99
Const/engr/inspection 15% $11,141.98
GRAND TOTAL $92,849.85
TOTAL FOR .ALL UTILITIES $447,103.98
Trenching Costs
Earthworker Mobilization 1 LS 32,470.56 $32,470.56
Traffic Control Labor 352 HR 58.55 $20,608.53
Traffic Control Supervisor 88 HR 67.96 $5,980.15
Traffic Control Devices 1 LS 7,360.19 $7,360.19
Joint Trench 2' Wide (Depth Varies) 40 LF 167.28 $6,691.08
Joint Trench 3' Wide (Depth Varies) 70 LF 224.78 $15,734.49
Joint Trench 4' Wide (Depth Varies) 980 LF 104.55 $102,457.16
Sand for Trench Bedding 1,090 LF 11.50 $12,535.32
Gravel Borrow for Trench Backfill 1,350 TON 29.27 $39,519.19
Shoring or Extra Excavation Class B 6,200 SF 1.59 $9,852.62
Total $253,209.29
ABBOTT QUOTE
TOTAL WITHOUT WSST $357,683.19
10% SALES TAX $35,768.32
TOTAL WITH WSST $393,451.51
ADD CONST/ENGR/INSPECTION 15% $53,652.47
TOTAL JUT COST $447,103.98
Page 2 of 2
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KENT
W lei{IIN Gi OIV
DATE: January 15, 2019
TO: Kent City Council
SUBJECT: S.E. 248th Street Improvements Joint Utility Trench
Agreements with Century Link, and Comcast and MCI
Communications, and Schedule 74 Underground
Conversion Agreement with PSE - Authorize
_-----------... ---------... ................. .......
MOTION: Authorize the Mayor to sign the Schedule 74 Underground
Conversion Agreement with Puget Sound Energy, and the Joint Utility
Trench Agreements with, Century Link, Comcast, and MCI Communications
for the S.E. 24811, Street Improvements Project - 1071h Avenue S.E. to 110th
Court S.E., subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: S.E. 24Wh Street is being improved across the frontage of the YMCA
between 1071h Avenue S.E. and 1101" Court S.E. As part of the street project,
undergrounding of overhead power and communication facilities is required
pursuant to Kent City Code 7.10.030. The agreements with Puget Sound Energy,
CenturyLink, Comcast, and MCI Communications are for the overhead lines to be
moved underground for the relocation of power distribution and communication
facilities which will be placed in a joint utility trench.
BUDGET IMPACT: To be paid in accordance with approved development
agreements.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Services
ATTACHMENTS:
1. Puget Sound Energy Schedule 74 Underground Conversion Project
Construction Agreement (PDF)
2, CenturyLink Joint Trench Agreement (PDF)
3, Comcast Joint Trench Agreement (PDF)
4. MCI Joint Trench Agreement (PDF)
Public Works Committee Completed 01/07/2019 4:00 PM
City Council Meeting Pending 01/15/2019 7:00 PM
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