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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/21/2003 Public Works Committee Agenda April 21, 2003 ACTION 1. Comcast Construction Agreement-Authorize Yes Wickstrom 10 min 2. Qwest Construction Agreement p Authorize Yes Wickstrom 10 min �- PUBLIC WORKS COMMITTEE MINUTES APRIL 21, 2003 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Julie Peterson,Rico Yingling STAFF PRESENT: Don Wickstrom, Jackie Bicknell The meeting was called to order at 5:10 PM by Chair Tim Clark. "SE 2781h Street Vacation—Set Public Hearing Date"was added to the agenda. Approval of Minutes of April 7, 2003 Committee Member Julie Peterson moved to approve the minutes of April 7, 2003. The motion was seconded by Tim Clark and passed 2-0. Committee Member Rico Yingling arrived and also gave his approval of the minutes. Comcast Construction Agreement—Authorize Public Works Director Don Wickstrom said that four box culverts would replace existing culverts within the Springwood Apartments Complex as part of the City of Kent's West Fork Soosette Creek Improvement project. The existing underground TV cable facilities located at two of the respective culvert locations need to be relocated to a lower depth to provide clearance. Because Comcast facilities are there under easement rights, the City has to pay for the relocations. The amount is estimated to be approximately $30,000. Rico Yingling moved to recommend that Council authorize the Mayor to sign the Comcast Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Julie Peterson and passed 3-0. Qwest Construction Agreement—Authorize Don Wickstrom said approval was granted at the last Public Works Committee meeting and Council meeting to enter into an agreement with Qwest for the relocation of its facilities associated with the City of Kent's West Fork Soosette Creek Improvement Project for flood control and fisheries enhancement. Unfortunately, the original agreement did not cover the full cost. The City must reimburse Qwest for costs they will incur in association with charges from their boring contractor. The additional cost is estimated to be $36,000 and will be paid separately via a second contract. Costs are included within the project budget. Julie Peterson moved to recommend authorizing the Mayor to sign the Qwest Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Rico Yingling and passed 3-0. Public Works Committee,4/21/03 2 SE 278th Street Vacation—Set Public Hearing Date Don Wickstrom said a valid petition to vacate a portion of SE 278`h Street had been received, and by law a public hearing must be held. The Public Works Department is requesting that a date for the hearing be set. Rico Yingling moved to recommend Council adoption of a resolution setting a public hearing date of June 16th for the street vacation located along a portion of SE 278th Street. The motion was seconded by Julie Peterson and passed 3-0. The meeting adjourned at 5:17 PM. Jackie Bicknell Council Secretary PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director V • Phone:253-856- 500 1C�1�T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: April 21, 2003 To: Public orks Committee From: D 1-Vii kstrom,Public Works Director �f l RE: Q st Construction Agreement West Fork Soosette Creels Improvements—Utility Relocation At the last Public Works Committee and which was then subsequently approved by full Council authorization was granted to enter into an agreement with Qwest for the relocation of its facilities associated with the City's West Fork Soosette Creek Improvement project. The purpose of the project is for flood control and fisheries enhancement. Unfortunately that original agreement was not the full costs. In addition thereto the City must reimburse Qwest for cost they will encur associated with their boring contractor. That additional cost which is estimated to be $36,000 would be paid separately via this second agreement. Monies for same are included with the project budget A copy of this second agreement with Qwest, to reimburse Qwest for boring work by Potelco will be available at the April 21"Public Works Committee meeting. The Public Works Director Recommends that the Mayor be authorized to sign same subject to the approval of the terms and conditions therein by the City Attorney and myself. Motion: Recommend authorizing the Mayor to sign the Qwest Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. 1 w�' R6.2S0059 '.. (a4002) PROPOSAL p Contract No.: C3W0087- Revised i Job Authorization No.: 21 Date: April 2003 Customer / Billing Address: Work Location: Legal Name: City of Kent Public Works Dept. West Fork Soosette Creek Improvement Project Attn: Engineering Division -William S. Wolmski Kent,Wa. Address: 220 Fourth Ave. S. Kent, WA. 98032 I Description and/or specifications of work to be performed by Qwest under this Proposal ("Work'): IS Tw- 6----5 Ccu 1S „""`PO4" co e This Project ' __ h' " fQP the West Fork Soosette Creek Improvement Project- Springwood Apartments - Locations W-4,W-5 and W-6. Customer to be billed Actual Cost Upon Completion, Estimated at as t533.29 i i `Total Charges: Actuals Actual DOLLARS i *Customer will be responsible for these Charges only, unless a change order is signed by both parties in accordance with Section 8 below. For outstanding balances: Qwest will submit an Invoice of Charges to Customer upon completion of all construction work necessary to fulfill this Proposal. Customer will pay the invoice within thirty (30) days of receipt. All past due accounts may be assessed a late fee at 14%APR. Qwest shall perform the work in a professional manner, consistent with industry standards, shall be fit and sufficient for the stated purpose and shall conform to the Specifications. The work to lie performed under this Proposal shall be released to Construction for scheduling pending the return of the fully executed Proposal and receipt of the Advance Payment. Qwest may withdraw this proposal if not accepted by the customer within 30 days. Qwest Corporation l Authorized Signature: Name Printed/Typed: Debbie J.Young i Title: Maria er Date: i Acceptance of this Proposal and all of its terms and conditions constitute a binding contract. The charges and specifications are satisfactory and are hereby accepted. i I Customer / Company Name: Authorized Signature: i Name Printed/Typed: I i ;i t JI+S•^ 'itle: Date: NOTE: CONTRACT TERMS AND CONDITIONS ARE PRINTED ON PAGE 2 OF THIS DOCUMENT. verswn:92-014)2 Pmrysal I � 2 W I Qwesl Coryxatlon PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director K�N T Phone: 253-8565500 Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 I i i Date: April 21, 2003 To: Public Works Committee From: Dc�6ickstrom, Public Works Director RE: Comcast Construction Agreement West Fork Soosette Creek Improvements—Utility Relocation As part of the City's West Fork Soosette Creek improvement project, four box culverts will replace existing culverts within Springwood Apartments Complex in the vicinity of 132nd Ave and 270 St SE. The existing underground TV cable facilities located at two of the respective culvert locations need to be relocated to a lower depth to provide clearance. It is estimated that our costs for Comcast to lower its facilities, including boring work by Poteleo will be approximately$30,000. Because Comcast facilities are there under easement rights granted to them the City has to pay for their relocation. Monies for this exists within the existing project budget. A copy of the agreement with Comcast, for relocating their facilities will be available at the Public Works Committee meeting. The Public Works Director Recommends that the Mayor be authorized to sign same subject to final approval of the terms and conditions therein by City Attorney and myself Motion: Recommend authorizing the Mayor to sign the Comeast Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. 1 FACILITY RELOCATION/MODIFICATION AGREEMENT THIS Facility Relocation/Modification Agreement ("Agreement'), dated as of this MY day of April 2003, is made by and between Comeast Cable, a Washington corpor n ("Company"), and KENT a municipal corporation of the State of Washington ("City). The Company and Kent are sometimes referred to herein collectively as the "Parties". RECITALS A. The Company owns and operates certain facilities: (i) underground Communication lines (such facilities are collectively referred to herein as "Facilities"). Some or more of the Facilities occupy and use "existing easements". B. The City plans to construct improvements to four(4) culverts in the Springwood Apartment Complex ("Improvements"). C. The Improvements necessitate the redesign and modification of relocation of the Facilities. In connection with the Improvements, the City has requested the Company to modify a portion of the Facilities to ensure proper clearances are I maintained between such Facilities and Improvements in accordance with prudent utility practices ("Relocated Facilities"). Acquisition of sufficient new operating rights for the Facilities may also be necessary. D. The Parties desire to enter into this Agreement to govern the installation of the Relocated Facilities. I i i i Page I City of Kent Culvert Replacement Project inside Springwood Apartments Job # 15916 AGREEMENT `i a Now, therefore, the Parties agree as follows: 49L In I. Facilities Modification 1.1 Scope of Work The following is the scope of work to modify the Relocated Facilities: [Two directional bore locations (134 & 135) under Soosette Creek. Corncast will intercept at the bore locations trench and place conduit to existing facilities. New cable will be placed and activated.] ("Work"). The design for the Work will meet the Company's engineering design standards and all required approval by government authorities. See attached Exhibit "A" for additional details. 1.2 Obligations of Kent The City shall, at its expense , obtain all necessary permits/approvals for completion of Comcast's portion of the work; provide any surveying, if necessary; all traffic control required for performance of Comcast's work under this agreement and; all site mitigation/restoration required by agency permits/approvals. 1.3 Work Schedule Prior to the commencement of the Work, the Company and the city shall mutually agree upon a schedule that sets forth milestones for completing the Work ("Work Schedule").The Work Schedule may be revised from time to time by mutual agreement of the Parties. The Company shall perform the Work in accordance with the Work Schedule, provided, however, that the ability of the Company to perform the Work is subject to any Page 2 City of Kent Culvert Replacement Project inside Springwood Apartments Job# 15916 and all conditions placed upon the Company by governing jurisdictions. The Parties acknowledge that delays caused by any jurisdictional agency or property owner from whom permits, easements, and other operating rights are required may occur. So 1 i the Company exercises reasonable effort to perform the Work in accordance with the Work Schedule, the Company shall not be liable to the City (or its agents, servants, employees,contactors, subcontractors, or representatives)for any claims, actions, damages, or liability asserted or arising in connection with the Work Schedule. 1.4 Permits No jurisdictional permits must be secured by the Company. 1.5 Ownership of Facilities The company shall own, operate, and maintain all relocated facilities installed pursuant to this agreement. 2. Costs 2.1 General The City shall be responsible for, and reimburse the Company for, all Costs and I Expenses necessarily incurred or allocable to the Work. For the purposes of this i l Agreement, "Costs and Expenses" shall include, without limitation, any and all direct of indirect costs necessarily incurred or reasonably allocated to this Agreement or its performance, including, but not limited to, the cost of labor, personnel, consultants, attorneys and other professionals, travel, printing, supplies, taxes, permits, approvals, assessments, inspections, test, transportation, material, supplies, equipment, tools, utilities, services, rental charges, consumables, premium for bonds or insurance, disposal costs, overhead, Page 3 City of Kent Culvert Replacement Project inside Springwood Apartments Job # 15916 administration and general expenses, and any other charges authorized by applicable tariffs. 2.2 Payment The City shall, within thirty (30) days after the completion of the Work to be performed by the Company pursuant to paragraphs 1.1 and 1.2 above, remit to the Company a payment equal to the amount of the actual Costs and Expenses. 2.3 Estimate of Costs and Expenses As of the date of this Agreement, the estimate for all Costs and Expenses to perform the Work in accordance with this Agreement is Thirty two thousand, one hundred one dollars, and sixty-six cents $32,101.66. ("Estimate"). This Estimate does not affect the recoverability of any costs in excess thereof. A cost breakdown is attached as Exhibit `B". The Parties further agree that the foregoing Estimate is subject to change for reasons that include, but are not limited to, the following: a) The City revises its construction plans for the Improvements in a manner that requires the Company to revise its construction plans for the Relocated Facilities ("Revision"); or b) The City(or its agents, servants, employees, contractors, subcontractors, or representatives) cause delays in the Company's installation of the 1 Relocated Facilities; or i c) Construction has not started within 90 days from the date of this Agreement. Page 4 City of Kent Culvert Replacement Project inside Springwood Apartments Job# 15916 2.4 Change Order Proposals If the estimated Costs and Expenses for a Revision are greater than 10% of the Estimate herein, the Company shall require the City to sign a Change Order Proposal Describing the Revision and the estimated Costs and Expenses associated with said Revision. The City shall be responsible for, and reimburse the Company for, the actual cost of the Revision pursuant to paragraphs 2.1 and 2.3. 2.5 Costs Upon Termination of Work In the event that the City cancels the Improvements proposed hereunder, the City shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work to be performed under this Agreement prior to the date canceled. 3. Limitation of Liability The Company's liability in connection with the work hereunder shall be limited to property damages or personal injuries caused by the intentional or negligent acts of the Company, its employees or agents, limited to the extent of negligence attributable to the Company, its employees or agents. In no event shall the Company be liable for any consequential, indirect, special, or incidental damage, nor shall the Company be liable for injuries or damages of any kind that arise from causes beyond the control of the Company, including but not limited to acts of God, weather, labor disputes, procurement delays, delays in plan or permit approvals, or other third party actions. Page 5 City of Kent Culvert Replacement Project inside Springwood Apartments Job # 15916 P A 4. Indemnity tT'c" The City releases and shall defend, indemnify, and hold the Company harm from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not limited to,reasonable attorneys' fees) caused by, arising out of, or in connection with the performance of the City's duties under this Agreement. During the performance of such activities the City's employees shall at all times remain employees of the City. The Company releases and shall defend, indemnify, and hold the City harmless from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorney's fees) caused by, arising out of, or in connection with the performance of the Company's duties under this Agreement. During the performance of such activities the Company's employees shall at all times remain employees of the Company. In witness whereof, the parties have executed this Agreement as of the date set forth above. CITY OF KENT COMCAST INC. By By Its Its (Name) (Title) 402 Valley Ave NW Bldg A Puyallup, WA 98371 (Phone) Page 6 City of Kent Culvert Replacement Project inside Springwood Apartments Job# 15916 Exhibit A Comcast Cable Inc. Facility Relocation/modification Agreement Soosette Creek Culvert Replacement-Springwood Apartments Scope Of Work The City of Kent has requested that Comcast lower the existing CATV communications cables which presently cross Soosette Creek. New box culverts are being installed which are deeper and wider. The city is requesting that we bore at a minimum of 10' —15' below the bottom of the existing creek bed. A "fish window" between June 15, 2003 and September 15, 2003 has been established. The city will need to utilize this window for construction of this project. Comcast will utilize two contractors, Potelco for the 2 bore locations where Comcast facilities are affected (B4 & B5), and Sefnco (Comcast' prime contractor) for the cable placement, activation, and restorations. The boring will require being under the creek bed at a minimum of 10' below creek grade. Placement of a single 4" conduit in each of these locations is required. A new coaxial distribution cable will be pulled into each conduit to replace the existing cable. Trenching will be required from each bore location to the point at which the existing services are to be intercepted. A conduit will be placed in these trenches and new cables pulled in to complete the new service loop. There will be a trench at four locations (to intercept 4 bore pits). Removal and replacement of the asphalt is required at each bore pit and will be continued to the Comcast conduit intercept point. Select backfill will be used for areas within the traveled roadway. Bore pits or trenching outside of the roadways will be backfilled and compacted with native materials and reseeded. Silt fencing will be used as necessary when trenching near sensitive areas. Schedule The estimated work for Comcast work crews is June 1, 2003 with estimated completion by July 30, 2003. City of Kent '.. Soosette Creek Improvernents Job#15916 April 16, 2003 Exhibit B Soosette Creek Culvert Replacement Lower Existing Underground Cables 04/16/03 Project Construction Summary Estimate (1) Directional Bore (2 By Potelco see attached bid) $10,873.63 Additional External Contractor Labor $10,414.50 Engineering Costs $ 2,400.00 Material $ 3,894.75 Comcast Overhead $ 2,434.22 Applicable taxes C 8.8% $ 2,084.56 Total Project Costs $32,101.66 i I i Cr POTLCI C A Quanta Services Company Private Utility Construction Short Form Agreement I. The parties to this Agreement are Potelco, Inc., whose address is 14103 8ih Street East, Sumner, WA. 98390 ("Potelco")and Comcast,Jim Nies, 20811 84ih Avenue South, Kent WA.98027 Comcast hereby engages Potelco to perform underground construction operations on King County property. The underground construction operations are limited to the following activities: i Install one 4 inch HDPE conduits at two separate locations within the Springwood Apartment Complex.The locations are known as: B4,and B5. King County is placing new culverts within this apartment complex and Comcast has requested Potelco to complete the bore construction activity under Soosette Creek at these locations. This work is to be performed on real property controlled by the City of Kent. 2. Comcast shall pay Potelco the amount of $10,873.63 at the conclusion of the Work. Interest shall accrue on overdue payments at the rate of two percent above the prime interest rate as published from time to time in the Wall Street Journal;or, if the law prohibits such a rate, then the rate shall be the highest rate allowed under the law. Customer shall also reimburse Potelco for all costs of collection, including attorneys' fees, incurred by Potelco in enforcing this payment obligation. 3. Customer recognizes that if payment is not made in accordance with this agreement, in addition to any other remedies Potelco may have, Potelco may place a mechanics'lien against their property. 4. Potelco shall perform the Work in accordance with industry standards of practice for the locale in which the Work is to be performed. Customer recognizes that one of the risks inherent in this type of work is the potential for damage to an existing underground utility. Customer is advised that Potelco is not in the business of locating utilities and that no such services are a part of the Work hereunder. 5. To the fullest extent permitted under the law, Customer shall indemnify and defend (with a lawyer to be chosen by Potelco) Potelco and its employees, agents, representatives, affiliates and assigns, ("Indemnitees") from and ',.. against all claims, losses and damages, including attorneys' fees, ("Claims") arising out of the performance of the Work notwithstanding Indemnitees' concurrent negligence. Customer shall have no liability to defend or indemnify Indemnitees for Claims proximately caused by Indemnitees'sole negligence. 1 I POTELCO,INC. COMCAST Sign: Sign: Print: Print: Its: Its: Dated: Dated: I PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone: 253-856-5500 K E N T w E ro Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 i Date: April 21, 2003 To: Public Works Committee From: Don Wickstrom, Public Works Director Regarding: SE 278th Street Vacation - We have received a valid petition to vacate a portion of SE 278th Street. In accordance with state law, a public hearing must be held. The Public Works Department recommends adoption of a resolution setting the public hearing date. I i i MOTION: Recommend Council adoption of a resolution setting a public bearing date of June 16th for the street vacation located along a portion of SE 2781h Street. i A y'4 0"hemlock a r r 43 .0 427.7 m ( 126.4 ti 29.6 a�% °9 \ 40.8' c as meter a2 425 429.3 g 77.5' �2v h�o2 ° 430.5 Existing House 6 Fou #27626 0 C 0.0• * 28.6 0 °28.7 0� 74.8' n N 9� 45.7' open deck "�� a� 429.3 a � 428.1 ; `m o 429.7 Lo Lo 429.7 °a 429.3 o -- N ? .4 V0 4261.7 X. 84.0' 4�9.�. Q 6' wood fence 428.E CD p 2q A2� ¢ 428.5 13 428.4� 2 h 4 o C. w 428.8 s 7 P RECEIVED b2 of p p 1 '*.,top conc. curbing APR 1 7 2003 flowline down 0.5' (TYP) CITY OF KENT T 57 OPEHTY MANAGEMENT S � Z 76 N� f }�Yb�Osr,� Z'c✓1-1�k- � �/A7�4"lj r.� '� LAKE MERIDIAN HWY 516 i I SE 274 PL w U0 w SE 275 ST I SE 276 PL Cn SE 276 PL w V, PROJECT t- � SITE u-) SE 278 ST I SE 279 ST AREA TO i Cn BE VACATED w ' RECEIVED SE 282 ST /APR r 7 2003 SE 282 ST PfIOPERTY MANAGEMENT Mark Traver; Architect, AIA Street Vacation Location Ma Tel: 206-763.8496 Sc,ale: 1"=500'-0" Fax: 206-328-3238 2315 East Pike Street NORTH Seattle,WA 98122