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
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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
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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.
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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
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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
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`Total Charges:
Actuals
Actual DOLLARS
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*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
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Authorized Signature:
Name Printed/Typed: Debbie J.Young
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Title: Maria er
Date:
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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.
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Customer / Company Name:
Authorized Signature:
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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
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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
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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.
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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
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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.
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Page I
City of Kent Culvert Replacement Project inside Springwood Apartments
Job # 15916
AGREEMENT
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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
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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
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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
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Expenses necessarily incurred or allocable to the Work. For the purposes of this
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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
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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.
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City of Kent Culvert Replacement Project inside Springwood Apartments
Job # 15916
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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)
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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
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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:
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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.
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POTELCO,INC. COMCAST
Sign: Sign:
Print: Print:
Its: Its:
Dated: Dated:
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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
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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.
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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.
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2315 East Pike Street
NORTH Seattle,WA 98122