HomeMy WebLinkAboutPW13-167 - Original - Century Link - Joint Trench Agreement SE 256th St Improvements - 07/18/2013 Records Mae`fnennag ,
�,KcNT Document
Wns.INGTOH
t „,
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 questions, please contact City Clerk's Office.
Vendor Name: Centuryl_ink
Vendor Number:
JD Edwards Number
Contract Number: PK t 3 - 10
This is assigned by City Clerk's Office
Project Name: SE 256th Street Improvements
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's Signature Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Joint trench agreement for the underground conversion of overhead utilities.
S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
�k
JOINT TRENCH AGREEMENT
Between the City of Kent and Century Link
for SE 256th St Improvements
THIS AGREEMENT is entered into between the City of Kent, a Washington municipal
corporation ("City"), and CenturyTel Services Group LLC a Louisiana Limited Liability
Company("Century Link").
RECITALS
WHEREAS, the City is undertaking right-of-way improvements to SE 256th St. between
1161h Ave. SE and Kent Kangley Road (SR516), (the "Project") and
WHEREAS, Under RCW 35.99.060(3)(b), Century Link may seek reimbursement from
the City for the additional incremental cost of aerial to underground relocation compared to
aerial to aerial relocation if Century Link is a service provider with an ownership share in the
aerial supporting structures; 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 for the
construction of a trench which shall include the City, Comeast, Century Link, and PSE facilities.
This trench will be placed along the north side of SE 2561h St between 106th Ave SE and 116th
Ave SE. There will be approximately five (5) trench crossings of SE 2561h ST to serve
customers on the south side of the street. All utilities will use these trenches.
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, install City, PSE, and Century Link conduits and vaults, accommodate and
coordinate the installation of other utilities, 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: (ii) all applicable laws,
ordinances and regulations of any governmental authority, and; (in) all applicable terms and
JOINT TRENCH AGREEMENT—Page 1 of 7
(between City of Kent and Century Lank Re SE 25e St)
,
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 Century Link shall provide engineering drawings to the City. These
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 Century Link shall be responsible for supplying conduits and vaults
within ten (10) days notice provided by the City or its contractor. The City's contractor shall
install conduits and vaults in the joint trench. Century Link shall also be responsible for
supplying and installing all conductors All right, title and interest in the facilities and associated
equipment shall at all times remain with Century Link Parties hereto acknowledge and agree
that Century Link shall in no event be required to remove their respective, affected aerial
facilities prior to completion of the underground facilities in accordance with this Agreement,
and so long as said installation is completed in conformity with this Agreement.
C. Traffic Control. The City's contractor shall provide all traffic control associated
with installation of facilities within the contractor controlled open trench area. Century Link
shall be responsible for providing traffic control during installation of facilities not associated
with the controlled open trench area.
D. Century Link Coordination Century Link shall maintain continued coordination
with the contractor regarding the installation of Century Link'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. Inspection of job by a Century Link inspector.
3. Coordination with other utility companies included in the joint trench for the
placement of conduit within the trench and during conversion of overhead
facilities to underground.
E. Surveys. The City will provide the survey for the location of the contractor
controlled open trench and -vaults.
4. COMPENSATION
A. Trench costs The incremental cost difference associated with the conversion of
existing Century Link aerial facilities to underground that are subject to the provisions of
RCW35.99.060 will be borne by the City. In lieu of reimbursement for the relocation of the
JOINT TRENCH AGREEMENT—Page 2 of 7
(between City of Kent add Century Link Re SE 256 h St)
existing Century Link aerial facilities subject to RCW 35.99.060, the City will provide trench,
trench bedding, and installation of Century Link-provided conduit and vaults, backfill,
restoration, survey, and traffic control at no cost to Century Link. Century Link will provide all
necessary conduit and vaults and install cables, perform splicing and service cutover and remove
the existing aerial facilities at no cost to the City.
B. Defective or Unauthorized Work. 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 Century Link's written approval If
for any reason Century Link feels it is necessary to correct defective or unauthorized work it
shall notify the City immediately. The City and or its contractor shall correct the work at the
City's cost.
5. CHANGES.
If Century Link requests any upgrades to the work required to perform the aerial to
underground conversion Century Link 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 Century Link of this price. Century Link shall
have 24 hours from receiving the price from the City within which to respond. If Century Link
chooses not to accept the contractor's price then this work shall only be performed by Century
Link 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 parry'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 any
lien created by it on the property of another.
JOINT TRENCH AGREEMENT—Page 3 of 7
(between City of Kent and Century Link Re SE 256`4 St)
7. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure and
maintain for the duration of the Agreement, 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, subconsultants or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The City
shall be named as an insured under the Contactor's Commercial General
Liability insurance policy with respect to the work performed for the City.
3. Excess Liability insurance covering both the Commercial General Liability
and Automobile policies.
4. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products- completed operations aggregate limit.
3. Excess Liability insurance shall be written with limits no less than $4,000,000
per occurrence and $4,000,000 aggregate in excess of the CGL policy cited
above.
JOINT TRENCH AGREEMENT—Page 4 of 7
(between City of Kent and Century Link Re SE 256`h St)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability.
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City of Kent and Century Link shall both be named as additional insureds on all
policies (except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City and Century Link as
additional insureds shall be attached to the Certificate of Insurance. The City
reserves the right to receive a certified copy of all required insurance policies. The
Contractor's Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respects to the limits of the insurer's liability.
D. Contractor's Insurance for Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever
to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles
owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as
to any temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-
subcontractors, agents and employees, each of the other, for damages caused by fire or other
perils to the extend covered by Builders Risk insurance or other property insurance obtained
pursuant to the Insurance Requirements Section of this Contract or other property insurance
applicable to the work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
JOINT TRENCH AGREEMENT—Page 5 of 7
(between City of Kent and Century Lank Re SE 25e St)
endorsement, evidencing the Automobile Liability and Commercial General Liability insurance
of the Contractor before commencement of the work
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the same insurance requirements as stated herein for the Contractor.
8. 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
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, 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 affected party.
JOINT TRENCH AGREEMENT—Page 6 of 7
(between City of Kent and Century Link Re SE 256`h St)
G. Severabiltty. 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; (it) 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.
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.
IN WITNESS WHEREOF,the parties below have executed this Agreement.
CENTURYLINK CITY OF KENT
Print Name: $�a�,,,,�{_ P, P 'nt u t G
Title Di eEc.xNtf�_ i
DATE 13. DATE
JOINT TRENCH AGREEMENT—Page 7 of 7
(between City of Kent and Century Link Re-SE 256"St)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CENTURY LINK CITY OF KENT
Century Link City of Kent
23315 66th Avenue South 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Warren Perkins Attn: Chad Bieren
(253) 372-5325(Desk) (253) 856-5534 (Desk)
(877) 517-5712 (Pager) (253) 856-6500 (Fax)
(253) 372-5176 (Fax)
APPROVED AS TO FORM:
--1 &
ent Law De tme
nt
JOINT TRENCH AGREEMENT—Page 8 of 7
(between City of Kent and Century Link Re SE 256 h St)
Trench Length, Conduits and Shared Cost by Stationing
NON SCHEDULE 74 TARIFF UTILITY TRENrN
Percentage
Trench Number of Size of Trench of Trench
Participant Conduits Conduit Length Cost Cost
Station 5+90 IP1 to 6+70 J1 (L=80') $4,378.06
Century Link 0 2-4" 0 0 0 $0.00
PSE Power 4 2-6 80 100% 17 512 $17,512.24
2-4"
Comcast 0 0 0°/u $0 $0.00
City 0 0 0% $0 $0.00
4 $17,512 �17,512.24
Station 6+70 J1 to 7+00 IP-COMCAST/CL(L=34) $1,860.68
Century Link 0 0 0 0% Vo $0.00
PSE Power 4 2-4" 34 100% 7,443 $7,442 70
2-6"
Comcast 0 0 0 0% 0 $0.00
City 0 0 0% 0 $0.00
4 $7,443 $7,442 70
Station 7+00 IP-COMCAST/CL to 7+53 J2 (L=53) $3,584.54
Century Link 2 2-4" 131 33% $9,559 $7,169.07
PSE Power 4 2-4" 131 330/6 9,559 $14,338.15
2-6"
Comcast 2 2 4" 131 33% 9,559 $7,169.07
City 0 0 0% $0 $0.00
8 $28,676 $21,507.22
TOTAL TRENCH COST FOR NON SCHEDULE 74
CENTURY Lm 9,558 76 1 $0
PSE Power $34,513 71 $0
Comcast 9,559 $0
City $0 $0
•
KENT.vnsniNcroH Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: June 18, 2013
SUBJECT: SE 256th St. Improvements-Joint Utility Trench Agreement
with Centuryl-ink - Authorize
MOTION: Authorize the Mayor to enter into a Joint utility trench agreement
between the city of Kent and Centuryl-ink for the underground conversion of
overhead utilities on the SE 256th St. Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: As part of the SE 256th Street Improvement Project, the City requires
undergrounding of the existing overhead utility lines, consistent with Kent City Code
Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE),
Centuryl-ink and Comcast. Agreements with these companies are necessary to
establish construction requirements and reimbursment of costs for the underground
conversion.
This agreement is between the City of Kent and Centuryl-ink.
EXHIBITS: Joint Trench Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Costs associated with this agreement will be part of the
construction costs of the project, and are governed by RCW 35.99.060.
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill In All Applicable Boxes C(O
R ietved by Director
Originator's Name: Mark Madfal Dept/Div. En ineerin /Desi Extension, 5521
Date Sent: }/15/6 Date Required: IS
Return to: Nancy Yoshitake CONTRACT TERMINA ION DATE:
VENDOR: Centur Link DATE OF COUNCIL APPROVAL: 7/2/13
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - If applicable
Brief Explanation of Document:
The attached Joint Trench Agreement with CenturyLink is for the SE 256th Street
Improvements Project for the underground conversion of overhead utilities. For
additional Information, see the attached Council motion sheet.
All Contracts Must Be Routed Through The Law Department
RECEIVED (This area to be completed by the Law Department)
Received: JUL 15 2013
Approval of Law Dept
KENT € AW DEPT.
Law Dept. Comments: �C
'O
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received: RECEN
R"N
�(1
Recommendations and Comments: �YJ
_ G �JUL 16 2 1
Disposition: ���// `/C� Ci� City of Kent Or oG
N�
Office of the May
Date Returned: G,�