HomeMy WebLinkAboutCAG2023-645 - Original - Qwest Corporation dba CenturyLink QC - S. 224th Street Corridor Phase 3-Lumen Reimbursement Agreement - 02/10/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Karin Bayes for Mark Madfai Public Works
Date Sent: Date Required:
> 12/15/2023 12/22/23
0
Q Mayor or Designee to Sign. Date of Council Approval:
Q
Q Interlocal Agreement Uploaded to Website 12/12/23
Budget Account Number: Grant? Yes No1:1 AIL
R90110
Budget? Yes E]No Type: N/A
Vendor Name: Category
Qwest Corporation dba CenturyLink QC Contract
Vendor Number: Sub-Category:
c Original
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Project Name: S. 224th Street Corridor Phase 3
3- Project Details: Widen S. 218th St./98th Ave S to 3 lanes and install compact roundabout at 98th & 216th.
Agreement with Lumen is for reimbursement related to the relocation and undergrounding
work of Lumen's facilities in relation to the work on S. 218th St/98th Ave S.
a+
C
AgreementAmount• $128,485.52
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
3 Start Date: Upon signature Termination Date:
Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes No C GG2023-645
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Comment-,-
Agreement is with Qwest Corporation dba CenturyLink QC (a Lumen Technologies Company).
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3 12/21/23 - rtn to PW for full execution
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Date Received:City Attorney: 12/15/23 Date Routed:Mayor's Office 12/20/23 City Clerk's Off112/2!1/231@
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
REIMBURSEMENT AGREEMENT
Between the City of Kent and Qwest Corporation d/b/a CenturyLink
QC (a Lumen Technologies company)
for S. 218th St. and 98th Ave S (94t" PI. S. to 99t" Ave S)
Improvements
THIS AGREEMENT is between the City of Kent, a Washington municipal
corporation ("City"), and Qwest Corporation d/b/a CenturyLink QC (a Colorado
corporation and Lumen Technologies company referred to hereinafter as
"Lumen").
RECITALS
A. The City is undertaking right-of-way improvements to S 218th St.
and 98th Ave S, between 94th PI. S. and 99' Ave. S, (the "Project") and is
required under chapter 7.10 of Kent City Code to underground the aerial power
and communication lines.
B. Under RCW 35.99.060(3)(b), Lumen may seek reimbursement
from the City for the additional incremental cost of aerial to underground
relocation compared to aerial to aerial relocation if Lumen is a service provider
with an ownership share in the aerial supporting structures.
AGREEMENT
The City and Lumen therefore agree as follows:
1. SCOPE OF WORK
Lumen will underground new facilities within the Project limits, remove its
existing facilities from the aerial system, and reconnect property owners with
existing service to the new underground system. This work will also include
temporary relocation of the existing aerial system ("Work").
2. REQUIREMENTS
The independent contractor hired by Lumen to perform this Work is referred
to as "the Contractor" in this Agreement. The Contractor, pursuant to a
contract with Lumen, will be responsible for completing the Work. Lumen
represents that any such contract will require that the Contractor's Work be
performed in a good and workmanlike manner consistent with industry
standards and conducted in conformity with (i) the applicable procedures and
requirements of the parties as described herein; and (ii) all applicable laws,
ordinances, and regulations of any governmental authority. The contract will
require that the Contractor maintain in full force and effect at its own cost,
insurance 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
REIMBURSEMENT AGREEMENT- Page 1 of 6
(Between City of Kent and Lumen Re:224th Phase III(West) Project- 94rh PI S to 99rh Ave S)
contractor, its agents, representative, employees, subconsultants, or
subcontractors.
3. RESPONSIBILITY OF THE PARTIES
3.1 Lumen Coordination. Lumen shall maintain continued
coordination with the Contractor and the City regarding the completion of the
Work and shall perform all work in conformance with the approved street use
permit.
3.2 Title to Facilities. All rights, title, and interest in Lumen's facilities
and associated equipment shall at all times remain with Lumen.
4. REIMBURSEMENT AND PAYMENT
4.1 Payment for Incremental Relocation Costs. The City shall
reimburse Lumen an amount not to exceed $ 96,841.34 as the additional
incremental cost of aerial to underground relocation compared to aerial to
aerial relocation as shown in Exhibit(s) A ("Incremental Costs"). The final
amount shall be based upon the actual costs incurred by Lumen to complete
the underground relocation work.
4.2 Payment for Temporary Relocation Costs. The City shall
reimburse Lumen an amount not to exceed $31,644.18 for the costs to
temporarily relocate the aerial system as shown in Exhibit B ("Temporary
Relocation Costs"). The final amount shall be based upon the actual costs
incurred by Lumen to complete the temporary relocation work.
4.3 Claims for Damages. Lumen agrees to pay the entire cost of any
claims against the City under the City's Project contract for damages to the
extent that they are proximately caused by Lumen's negligent or willful acts
or omissions. These may include claims for additional compensation made
under the City's contract for the Project resulting from conflicts between the
City, Lumen, Lumen's Contractor, or any of its subcontractors.
4.4 Invoice. Lumen shall submit to the City an itemized invoice for
the costs specified in Sections 4.1 and 4.2. The City shall then have 15 business
days to review the invoice and submit notice of any disputed items to Lumen.
The parties shall work together to resolve any disputes. If the City does not
submit a notice of disputed items, it shall pay Lumen within net 30 days of the
invoice submittal by Lumen.
4.5 Final Payment/Waiver of Claims. The making of final payment by
the parties shall constitute a waiver of claims by Lumen for payment of the
costs within this Section 4, except those previously and properly made and
identified by Lumen as unsettled at the time request for final payment is made.
REIMBURSEMENT AGREEMENT- Page 2 of 6
(Between City of Kent and Lumen Re:224th Phase III(West) Project- 94rh PI S to 99rh Ave S)
5. INDEMNIFICATION; LIENS AND ENCUMBRANCES
Each party shall defend, indemnify, and hold the other party, its officers,
officials, employees, and agents harmless from any and all third party claims,
injuries, damages, losses or suits including all legal costs and attorney fees, to
the extent arising out of or in connection with the negligent or willful
performance of the party's work required under this Agreement, except for
injuries and damages to the extent 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, its 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 any lien created by it on the
property of another.
6. MISCELLANEOUS
6.1 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.
6.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights within this Agreement, or to
exercise any option herein conferred in one or more instances, shall not be
construed as a waiver or relinquishment of those terms and rights and they
shall remain in full force and effect.
6.3 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 through the
jurisdiction, venue, and rules of the King County Superior Court, King County,
Washington.
6.4 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
REIMBURSEMENT AGREEMENT- Page 3 of 6
(Between City of Kent and Lumen Re:224th Phase III(West) Project- 94rh PI S to 99rh Ave S)
claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 6 of this Agreement.
6.5 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, or three (3) calendar days after the date of mailing by
registered or certified mail, if sent in accordance with this Section 6.5.
6.6 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.
6.7 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.
6.8 Relationship. It is understood and agreed that no agency,
employment, joint venture, co-employer, or partnership is created by this
Agreement. No party 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.
6.9 Force Majeure. A party will not be in breach of this Agreement if
unable to perform its respective obligations 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.
6.10 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.
REIMBURSEMENT AGREEMENT- Page 4 of 6
(Between City of Kent and Lumen Re:224th Phase III(West) Project- 94rh PI S to 99rh Ave S)
6.11 Effectiveness; Date. This Agreement will become effective on the
date it is signed by the last party to sign it.
DATED as of the last date set forth below.
QWEST CORPORATION CITY OF KENT
D/B/A CENTURYLINK QC ("LUMEN")
Michael E Casey(Feb 10,2024 D 9 EST) J
Print Name:Michael E Casey Print Name: Da a R hh
Title: Manager OSP Fiber Relocations Title: Mayor
DATE: Feb lo,2o24 DATE: 12/21/2023
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
LUMEN CITY OF KENT
Lumen City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Chad Bieren
Attn: (253) 856-5534 (Desk)
(206) 477-5414 (Desk)
APPROVED AS TO FORM:
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Kent Law Department
REIMBURSEMENT AGREEMENT- Page 5 of 6
(Between City of Kent and Lumen Re:224th Phase III(West) Project- 94th Pi S to 99th Ave S)
Cost Exhibit A
City of Kent-224th Phase 3 Project
Lumen Overhead to Underground Conversion Costs
Lumen Project ID : N.919673
Estimated Baseline Aerial Relocation(1)
Pole Transfer Activities $ 2,065.44
Anchor&Guying $ 1,956.48
New Poles-(3)w/Power Attached $ 35,675.61
New Pole-Telco Only $ 1,304.56
Pole Removal $ 2,040.00
Anchor&Guy Removal $ 483.16
Lumen Engineering&Inspection $ 3,168.00
Contract PM Service $ 768.00
Contract Engineering $ 2,400.72
Subtotal $ 49,861.97
Estimate of Forced Undergrounding Related Costs
Civil Installation Costs $161,177.44
Cabling Installation&Splicing Costs $51,893.64
Removal Costs $6,268.25
Construction PM $5,707.00
Lumen Engineering&Inspection $5,262.00
Contract Engineering-Permitting $1,987.60
Contract Engineering-Design&Coordination $18,554.16
Subtotal $ 250,850.09 Lumen Estimated Total Cost
%of Undergrounding Reimbursable 51.24%
Subtotal-Reimbursable $ 128,530.81
Delta-Aerial vs.Forced Undergrounding $ 78,668.84
SG&A Indirect Costs-13% $ 10,226.95
Taxes-10.1% $ 7,945.55 See note(2)
City of Kent Cost Responsibility $ 96,841.34 Incremental Cost+Indirect SG&A+Taxes
Lumen to bill actuals after project completion
(1)-Costs are assumed based on conceptual relocation plan assuming no undergrounding of facilities,and that poles can be relocated into planter
strip or behind sidewalk
(2)-Proportionate share of taxes paid by Lumen for goods&services related to forced undergrounding
Approx.Aerial Footage to be Undergrounded 2100
Footage reimbursable(Pole ownership) 1076
%Reimbursable 51.24%
%Non-reimbursable 48.76%
Cost Exhibit B
City of Kent- 224th Phase 3 Project
Lumen Temp Pole Relocation
Temp Pole Placement $ 25,733.45
Temp Pole Transfers(Lumen only) $ 562.00
Removals $ 1,190.00
Work Plan Production $ 518.25
Subtotal $ 28,003.70
SG&A Indirect Costs-13% $ 3,640.48
Estimated Total Temp Relocation Costs $ 31,644.18
Lumen to bill actuals after project completion
P-176530 - 224TH CORRIDOR PHASE 3
PROJECT - 98TH/216TH
Final Audit Report 2024-02-10
Created: 2024-02-09
By: Kendall Zetina(kendall.zetina@lumen.com)
Status: Signed
Transaction ID: CBJCHBCAABAAeD86Ms8L_05Mex4KadyPOFOU3thWcR2Y
"P-176530 - 224TH CORRIDOR PHASE 3 PROJECT - 98TH/21
6TH" History
E Document created by Kendall Zetina (kendall.zetina@lumen.com)
2024-02-09-11:32:04 PM GMT-IP address: 172.9.97.40
Document emailed to michael.e.casey@centurylink.com for signature
2024-02-09-11:35:33 PM GMT
E Email viewed by michael.e.casey@centurylink.com
2024-02-10-2:57:24 PM GMT-IP address:47.135.194.12
o Signer michael.e.casey@centurylink.com entered name at signing as Michael E Casey
2024-02-10-2:59:49 PM GMT-IP address:47.135.194.12
o Document e-signed by Michael E Casey (michael.e.casey@centurylink.com)
Signature Date:2024-02-10-2:59:51 PM GMT-Time Source:server-IP address:47.135.194.12
Agreement completed.
2024-02-10-2:59:51 PM GMT
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140 -
KENT
DATE: December 12, 2023
TO: Kent City Council
SUBJECT: South 224th Sreet Corridor Phase 3 - Lumen
Reimbursement Agreement - Authorize
MOTION: I move to authorize the Mayor to sign the Reimbursement
Agreement with Qwest Corporation, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: The South 224th Street Phase 3 project will include the widening of the
corridor from 94th Place South to 99th Avenue South. The Project includes a new
turn lane, widened shoulders, curbs, gutters, sidewalks and planter strips and will
include a roundabout at the intersection of 98th Avenue South and South 216th
Street.
Qwest Corporation (aka "Lumen"), PSE, and Comcast have overhead lines that will
be placed underground as part of this project. The existing overhead system must
remain until all customers have converted to the underground system. Because the
existing poles will conflict with project construction, they will be moved temporarily
until customers convert to underground service and the poles are removed.
Under RCW 35.99.060(3)(b), Lumen may seek reimbursement from the city for the
additional incremental cost of aerial to underground relocation compared to aerial
to aerial relocation if Lumen is a service provider with an ownership share in the
aerial supporting structures within the area of relocation. Lumen does have an
ownership share of the overhead system on this project.
This agreement reimburses Lumen in the amount of $128,485.52 for the
incremental costs for underground conversion as well as the costs for the
temporary relocation of its facilities.
This item is being presented to the Committee of the Whole this same night. If this
item does not pass out of Committee unanimously, it will be pulled and placed on
Other Business.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Lumen Reimbursement Agreement (PDF)