HomeMy WebLinkAboutCAG2020-385 - Original - MCImetro Access Transmission Services Corp. - S 228th St UPRR Grade Separation Utility Relocation - 01/28/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
December 1, 2020
ProjectNo.R40085-017
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into this __
day of ___, 2021, by and between MCI metro Access Transmission Services Corp., a
Delaware corporation ("Utility''), having an address at 600 Hidden Ridge, Irving Texas 75038,
and The City of Kent, WA ("Reimbursor"), having an address at 220 Fourth Avenue, Kent,
WA 98032. The signatories to this Agreement shall be referred to individually as a "Party" and
collectively as the "Parties".
RECITALS
1.Reimbursor has requested that Utility relocate its facilities within the Puget Sound Energy right
of-way (the "Project") in connection with work to be performed by Reimbursor.
2.Reimbursor will pay Utility for work it performs in support of the Project as set forth in Exhibits
A and B attached hereto (the "Payment").
NOW THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants herein contained, the Parties agree as follows:
1.Reimbursor agrees that:
(a)Exhibit A, attached hereto and made a part hereof, represents the scope of work for the
Project;
(b)consistent with Section 4 below, Reimbursor shall bear all actual costs in the sum of
$64,128.81 ("Costs") incurred by Utility, as set forth in Exhibit B hereto, and relating to
any construction by Utility in connection with the Project, including, but not limited to,
labor, materials, construction, damages, administrative overhead, taxes, travel expenses,
railroad right-of-way access and flagging fees, permit fees, legal fees and other reasonable
out of pocket expenses;
( c)it waives any and all delay damage claims, except if caused by the negligence of Utility;
(d)Utility's work associated with the Project shall not be deemed a betterment nor shall there
be any salvage value in any of Utility's facilities removed or decommissioned;
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A
28th
January
(e) h any action to enforce this Agreement, the prevailing party shall be entitled to reasonable
attomeys' fees and costs.
2
3.
Reimbursor may, at its own expense, inspect constuction Utilityperforms in connection with
the Project.
The total cost of the Pdect is estimated not to exceed the amount set forth in Exhibit B
hereto. Reimbursor shall remit to Utilitypayment specified in Exhibit B within 30 dap of
receipt of detailed invoice from Utilityfollowingcompletionofthework Utilitywill charge
Reimbursor only for its Costs incurred for the Project. Reimbursor acknowledges and agrees
that this amount is an estimate and shall not be construed as limiting the amount Utility is to
be reimbursed by Reimbursor under this Agreement. Utility shall provide notice to
Reimbunor when Utilitybecomes aware that Costs will exceed the estimate bymore than ten
percent (10%). Utility's failure to
provide such notice shall not release Reimbursor from its obligations under this Agreement in
any respect unless Reimbursor can demonstrate that it would have modified or abandoned the
Project in light of the increase in Costs.
Reimbursor may direct Utility in w.itlng to stop work on the Project, and in such event, Utility
shall be entitled to properlyprotect its facilities before stopping work, and Reimbursor shall be
responsible to utility for Costs incurred by Utility prior to receipt of such stop work notice,
Costs incurred by Utility in protecting its facilities after receipt of such stop work notice, and
Project wind-down costs incurred byUtility.
Following completion of the Project, if necessary, Utility shall make an accounting of final,
unpaid, actual Costs of the Project and provide Reimbursor with a copy of the accorurting
and an itemized invoice therefor.
Reimbursor shall perform no work within ten (10) feet on either side of the Reimbwsor's
facilities in the Project Area until the Project has been completed or as otherwise mutually
agreed by Reimbursor and Utility. If any such work is performed, Utility has a right to have
an inspector on site during such work, and Utility's inspector may order Reimbursor, its
employees, agents, representatives and conhactors (for purposes ofthis Section 6,
collectively, "Reimbwsor") to immediately stop work if such work is placing Utility's
facilities in imminent harm, and Reimbursor shall immediately complywith such order.
Subject to the limitation set forth in this Section 6, Reimbwsor shall give written notice to
Utility at least forty-eight (48) hours, excluding Saturday, Sunday and legal holidap, in
advance of commencement of any work in the immediate Project area. The notice shall be
given to those individuals listed in the contacts section of Exhibit A. In the event of an
emergency, Reimbursor shall provide telephonic notice to MCI at I-800-MCI-WORK upon
Reimbursor's discovery of the emergency.
4
5.
6.
2
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A
7 The obligations of Utility ffe subject to force majeure and Utility shall not be in default of
this Agreement if any failure or delay in performance is caused by strike or other labor
problems; accidents; acts of God; fire; flood; adverse weather conditions; material or facility
shortages or unavailabilitg lack of transportation; the imposition of any governmental codes,
ordinances, laws, rules, regulations or restrictions, including, without limitation, the necessity
of obtaining permits or environmental assessments or environmental approvals;
condemnation or the exercise of rights of eminent domain; war, civil disorder or acts of
terrorism; or any other cause beyond the reasonable control of Utility.
The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns.
IN NO EVENT S}IALL EITTMR PARTY BE LIABLE TO THE OTTIER PARTY, ITS
EMPI,OYEES, SUBCONTRACTORS, AND/OR AGENTS, OR Af.IY THIRD PARTY,
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITWE
DAMAGES, OR LOST PROFITS, FOR Al.iY CI-A,IM OR DEMAND OF AI.IY NATURE
ORKIND,ARISING OUTOF OR IN CONNECTIONWITHTHIS AGREBMENT OR
THE PERFORMANCE OR BREACH TI{EREOF.
10.The direct damages that a Partymaybe liable for to the other Partyunder this Agreement
shall not exceed the total amount paid to Utility under the Agreement.
ll This Agreement together with its Exhibits constitutes the entire agreement between the
Parties and supersedes all contemporaneous or prior agreernents between the Parties, whether
written or oral, with respect to the subject matter of this Agreement. This Agreement may
not be modified, supplemented or amended unless any such modification, supplement or
amendment is incorporated into the Agreement via valid amendment signed by the authorized
representatives of each Party. This Agreement may be executed in counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
instrument. Execution and exchange of signatures via facsimile or Adobe Acrobat portable
document file (.PDF file extension) shall have the same force and effect as execution and
exchange of originals. Each Partywarrants that it has the full right and authorityto enter into
this Agreement. All necessaryapprovals and authorityto enter into this Agreement have
been obtained and the person executing this Agreement on behalf of each Partyhas the
express authorityto do so and, in so doing, to bind such Partyhereto.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dayand year
fint above written.
(signatures on next page)
8.
9
3
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A
for Reimbursor
City of Kent, WA
Name: Dana Ralph
Mayor
Date r210312020
Federal Tax ID#:_
Telephone: 832-622-l 13 I
Email address: mmadfai@.kentwa.gov
Billing Contact:
Name: MarkMadfai, P.E.
Address: 220 Fourth Avenue
Kent, WA 98032
for Utility
MClmetro Access Transmission Services Corp.
Name: Sofia Musvoki
Title: Princ. Engr Network Eng. & Ops
Date:
4
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A
01/28/2021
EXHIBIT A
BACKGROUND
The City of Kent is requiring Verizon to UG existing aerial cable on Puget Sound
Electric Poles for new bridge project.
SCOPE OFWORK
The City of Kent is installing Grade separation over UPRR and PSE is
undergrounding the utilities crossing 228th Street. This is bcated in the PSE ROW.
Potelco is installing conduit and vault for MCI cable. MCI will install new cable and
cut service over to it.
CONTACTS
Utility: MGlmetro Access Transmission Services Corp.
Senior Manaoer:
Louise Popelka
34251581h Ave S.E.
Room 3357
Bellevue, WA 95670
02425-603-2092
louise.popelka@verizon.com
Agreements:
Jennifer Cooper
600 Hidden Ridge HQE02G234
lrving, TX 75038
O:972-457-6981
jennifer.cooper@verizon.com
Reimbursor:
Cityof Kent, WA
Mark Madfai, PE
0:253-856-5521
220 Fourth Avenue
Kent, WA 98032
mmadf ai@kentwa.gov
Project Enqineer:
Scott Christenson
11311 NE 12Oth Street, Bldg. W
Kirkland, WA 98034
O:425-636-6046
scott.christenson@verizon.com
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A
Page: 0l
\-{"
V€Il,illpbusrlness
EXHIBIT B
OUTSIDE PLANT CONSTRUCTION
cosT ESTTMATE (ACTTVE APPROVED )
10to8t2020
PToJocUAFE #: R40085-017
Tltlo
Stte Code:
lnvoltlgatlon#:
Dl!poEltlon:
Eng. Start:
Eng, Gomplete:
Rovl8ion:4
KENT WA RCUP 228TH CROSSING UG
STTLWA
2983-2018
REFUNDABLE CUP
0511612018
SCOTT CHRISTENSON
LOUISE POPELKA
SEATTLE
800
Dato Pnp€red:
Englnsr:
*lan!gs:
Clty:
Stalo:
F@tago lmpact:
DESCRIPTION OF WORK
City of K€nt is lnstalllng Grado ssparation ovs. UPRR and PSE ls und€rgrcunding tho utilitlos qo$ing 228th. Thls ls ln the PSE ROW. Potel@ is installing @ndult and
vault fq MCI @ble. MCI wlll install n€w €bla and @t seM@ ov€r to lt.
SCHEDULE
041'1212018
0512512018
Conlt Stirt:
Conrt Compl9te:
06/0 1/2018
06/30/2018
SUMMARY OF ESTIMATED COSTS
A):
B);
c):
o):
E):
F):
ENGINEERING:
tilsPEcTtoN sERvtcEs:
FURNISHED ilATERIALST
CONTRACTOR UI{IT PRICE SCHEDULE:
SPLICING LABOR:
$0.00
$0.00
$0.00
$64,128.81
$0.00
TOTAL:$64,128.81
Constructlon Hanagor:Date:
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A
P!go:02
OUTSIDE PLANT CONSTRUCTION
cosT ESTTMATE (ACTTVE APPROVED )
PToJocUAFE #: Ril0085.Ol7 KENT WA RCUP ZISTH CROSSING UG Rovlrlon:4
A) ENGTNEERTNG
INTERNAL - REF DESCRIPTION:QTY:uftt:untT 9:EXT. $:
CONTRACT . REF DESCRIPTION:ow:UIM:UNIT $:EXT. $:
ENGINEERING Sub TOTAL:$0.00
B) TNSPECTTON SERVTCES
II{TERNAL - REF DESCRIPTION:QTY:Ulil:uNrr 9:EXT. I:
EXTERNAL . REF DESCRIPTION:ow:U'M:UNIT $:EXT. $:
INSPECTION SERVICES Sub TOTAL:$0.00
G) FURNTSHED MATERTALS
REF DESCRIPTION:QTY:U/M:uNrT $:Err. $:
FURNISHED MATERIALS Sub TOTAL:$0.00
D) CONTRACTOR UN|T PRTCE SCHEDULE
REF DESCRIPTION:QTY:U/M:uNrT 3:EXT.9:
Gonatruc.lion and cablo ilCl dlrec't
Conllrucllon Polelcd
LS
LS
26319.85
37808.96
$26,319.85
$37.808.96
COiITRACTOR UilrT PRICE SCHEoULE Sub TOTAL:$64,128.81
E) SPLTCTNG LABOR
REF DESCRIPTION:ow:U/ll:UNIT 9:EXT. $:
SPLICING LABOR Sub TOTAL:$0.00
DocuSign Envelope ID: 9D298DDF-EC94-4912-B511-4398F682F14A