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HomeMy WebLinkAboutContract CAG-17-02$ JOINT UTILIT'Y TRENCH CONSTRUCTION AGREEMENT Between CQMCAST and the CITY QF RENTON City of Rentar�Agreement No. �AG-17-028 Comcast Agreement Na. THIS AGREEMENT ("Agreement"), effective as of the p�-����(� (the 'Bffective Date"), is made by and between the CITY of Renton, a Washington Municipal Corporation ("the ``CITY"), and COMCAST OF WASHINGTON, INC, a Washington Corporation ("COMCAST"). The Attachments referred to herein are incorporated by this reference. RECITALS A. The CITY is making improvements to Sunset Lane NE, Harrirtgton Ave NE, and NE 10`h Street(the"Prajecf')within the corporate boundaries of the CITY. B. COMCAST provides broadband communications services in the CITY. C. The Project includes relocation of facitities that are currently lacated alflng the carridor and owned by COMCAST and other utility service providers. All of these utility services are ta be relocated as part of the Project {"Relocation''}. D. The CITY has develaped, advertised and apened bids far a construction contract, including Plans, Specifications and Estimates("PS&E"}to canstruct the Fraject. By this reference, the PS&E as advertised and awarded for canstruction, and including two pubiished amendments during the bidding period, are made a part pf this Agreement. E. The Relocation requires trenching within the right af way far placement of facilities af utilities service providers, including C{JMCAST, the CITY and athers inta a Joint Utility Trench("3UT") F. COMCAST desires to secure the services of the CITY#a install canduit and utility vaults underground ("Work"} and COMCAST desires to cooperate in the planning, engineering, design and other work associated with campletion af the JUT and the Work. Page 1 of 11 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and obligations contained herein, and intending to be bound hereby, the parties agree as follows: 1. Project Description. The JUT will be placed in the CITY right of way along Sunset Lane NE, Harrington Avenue NE, and NE 10�' Street as part of the Project and facilities extended to those side streets and to properties included and as shown in the PS&E. The JUT will be constructed to accommodate the undergound facilities of several utility service providers, including as a minimum, the CITY, COMCAST, CenturyLink and PSE (gas and electric). The CITY has awarded a construction contract for the Project, and will enter into a contract that includes construction of the Project, including the JUT and the Work. 2. Performance of Work. (a) The CITY, acting through the successful bidder ("Contractor"), will perform and complete the Work in accordance with the PS&E and all applicable federal, state and local laws and the requirements of those that own or have jurisdiction over the rights of way in which the Relocation Work is to be performed. As one of the first orders of work to be required, the Contractor will develop a construction schedule for the Project in sufficient detail to allow the CITY and COMCAST to understand timeframes for completion of the Project and the Work. To the extent that performance of the Work requires the installation of any materials that would not be needed but for COMCAST's participation in the Project, COMCAST will arrange for the purchase and delivery of such materials to the Contractor. Specific materials to be purchased and delivered by COMCAST are defined in the PS&E. 3. Responsibility of Parties to complete the Work. (a) CITY Responsibilities (1) Contractor Duties. The Contractor will excavate the trench, accommodate and coordinate the installation of underground utilities, install vaults and conduits, furnish and install bedding material, backfill and compact the trench, and perform any restoration required by the CITY within the right-of-way. CITY and/or Contractor will exercise reasonable care in the performance of the Work, and will install COMCAST conduit and utility vaults in accordance with written requirements and drawings provided in the PS&E. The CITY will provide all traffic control required for the Work. (2) Notice of Materials Required. The CITY will provide COMCAST notice, not less than ten (10) working days prior to the required delivery date, requesting delivery of necessary conduits and vaults and all related materials that the Contractor reasonably requires to install the trench and conduits. (3) Plan Discrepancies. If there is any discrepancy between the PS&E and the Page 2 of 11 COMCAST Plans, the parties mutually agree to work together to resolve such discrepancy between said plans. (b) COMCAST Resnonsibilities. (1) Provision of Work, Materials, and Equipment. All work and equipment described in this section as COMCAST responsibilities shall be provided by COMCAST in the manner and timeframe described herein at COMCAST 's sole cost and expense. (2) Coordination. COMCAST will maintain continued coordination with the CITY regarding installation of COMCAST's facilities. This coordination will include, but not be limited to the following: (i) The Contractor will develop a schedule that will accurately depict how the Contractor plans to complete the project, including the relocation and the Work. COMCAST will be responsible for coordinating its work to meet this project schedule, which is incorporated into this Agreement. (ii) A weekly meeting will be held in which the Contractor will provide a schedule and list of materials needed for the following two (2) weeks. A representative from COMCAST will attend each meeting and provide weekly progress reports. The COMCAST representative will be responsible for coordinating the delivery of materials per the discussion of schedule at these weekly meetings, in accordance with Section 3(a)(Z). (iii)COMCAST will furnish all materials required for the installation of COMCAST conduit and utility vaults including vaults, conduits, and all other materials necessary for installation of the vaults and conduits required by the Contractor for the installation of COMCAST facilities that week, not less than ten (10) working days prior to the date that the work is scheduled based upon the weekly meeting, provided that CITY gives COMCAST notice in accordance with Section 3(a)(2). The CITY will provide a reasonable location to COMCAST of where the materials will be delivered. (iv)COMCAST and the CITY will provide an inspector on-site, on twenty- four (24) hours notice, to inspect and accept the installation of all vault and conduit installation work. COMCAST 's inspector will not direct the Contractor in any manner; the COMCAST inspector will communicate all requests in writing to the CITY's inspector. (v) Once sections of vault and conduit are installed by the CITY and accepted by COMCAST, COMCAST will complete installation of conductors and equipment and perform cut-over and transfer of existing customers and facilities to the new underground system, remove all existing facilities that are no longer in use, associated with the Work. Page 3 of 11 This wzli be done in a manner that daes not deiay ar atherwise impact progress of construction of the Project. CtJMCAST's responsibilities will include, but not be limited to, furnishing and installing all cables, conductors, electrical equipment, and ternporary utiiity poles; conversion to undergraund; and for the removal of poles, and other equipment no Ionger needed. (3) Traffic Control. COMCAST or its contractor will pravide traffic cantrol when CtJMCAST or its contractor is installing its new underground cabling and splicing along with CC)MCAST averhead construction and rernoving its existing overhead facilities. Traffic control plans to be utilized by COMCAST or its contractor will be coordinated with traffic cantrol established for the Froject. (4) Installation Not zn Right of �Yay. The instatlation af any COMCAST facilities nat in CITY right of way, including but not limited to cable, conduit, and pedestais,will be the responsibility of CfJMCAST. CC3MCAST will caardinate with private property awners. The Project will nat provide for a.ny construction outside of the CITY"s rights-af-way. Coordination af work, and payrnent far necessary easements ar agreements from private property awners, is the responsibility af CdMCAST and shall be dane in a manner so as not to delay ar otherwise impact the canstructian af the Praject. 4 Compensatian (a} Comcast agrees to pay the City a partion of the trench costs, including trench bedding and backfill, commensurate with Camcast"s proportionate share af trench usage. For planning purposes, an estimate of the costs to be reimbursed by C4MCAST to the City for the VVork is included as Attachment A to this agreement, This compensatian cavers a pro rata share af certain costs. Preliminary costs will be agreed upan prior to canstructzan. Casts wili be finalized after compietian of construction and Comcast agrees to pay the City far its portian af the actual construction costs. (b} Share af additional expenses. C4MCAST wi11 pay its proportianate share of any reasanable, additional expenses incuzred by the CITY ta complete the Wark,including enginef,�ring and inspection costs associated with the Wark,provided such additional expenses are mutually agreeci upon by the parties in writing,prior to such additional expenses being incurred. {c} Invoiee. Comcast agrees to pay the City wit�iin sixty{60}days of being invoiced by the City far amounts which Comcast has agreed ta pay under this Agreement. (d} LJefective or tlnauthorized Work. Comcast reserves the right to withhold payment from the City for any def�tive or unautharized work performed by the Contractor. Defective or ur�authorized work includes,without limitation:work and materials that da nat conform to the requirements af this Agreement, and extra work and materials fi►misheci witl�out Comcast's approval. Page4ofll � Change Orders {a) Any request for change must be agreed upan in advance as evidenced by written amendment and signed by autharized r�presentatives of both parties. (b) A,ny change requested by C O M C A S T to be performed by the CITY will be submitted to the CITY's Inspector,who wi11 submit the request to tl�e Contractar ta obtain a reasonable price from the Cantractor to perfarm the work. The CI'TY will notify COMCAST af the price. CQMCAST will have twenty-four(24}hours after being notified of the price to respond and confiirn the requested change,and authorize the change in work and cost� (c) C O M C A S T will reimburse the CTI"Y f�r all negotiated casts ass�c,�iazed with any change, including associated engineering and inspectian a�sts. 6. Scheduie. The CITY's Contractar wiil be respansible for pianning and scheduling their work and will submit a pragress schedule ta the CITY and COMCAST priar ta beginning constzuuctian activities. Z Notices, All notices will be in writing and will be delivered by certified mail return receipt requested or any other delivery system which is capable of praviding proof of delivery. Any such notice will be deemed effective on the date of rnailing. All notices will be addressed to the parties as specified below: COMCAST Iiill Walkcr C;OMCr1ST 410 Valley Ave NW, Suite 12-I31dg C;. Puyallup,WA 98371 (253) 288-7538 CIZ�'C)F RFNTON Bob Hanson,PE (;ity of Rcnton '1'ransportarion Division 1055 South C�rady Way Renton,WA 9$057 (425) 430-7223 Either party may change the above addresses to which notices are sent by giving notice of such change to the ather party in accordance with the provisions af this Section. $. +Governing Law. This Agreement will be governed by and interpreted in accordance with the laws af the State af Vtlashington. 9. Dispute Resolution. FageSofll Any controversy ar claim,whether based on cantract, statute,tart,fraud misrepresentation or other theary,related directly or indirectly ta this agreement between COMCAST and the CITY will be resolved by negotiation between the parties. Should such negotiations fail to settle such controversy or claim settlement will be reached thraugh binding arbitration. The Federal Arbitration Act, 9 U.S.C. Sections 1 to I6, not state law, will gavern the arbitrability of all claims, and the resolution af the claims. Binding arbitration will be conducted under the then current rules of Judicial Arbitration and Mediation Services ("JAMS"}. In the event the terms af the Federal Arbitration Act and the then current rules of JAMS are inconsistent, the Federal Arbitration Act shall govern. 10. Force Majeure, Both parties shall be excused from their performance if prevented by acts or events beyond the parties reasonable control including extreme weather conditians, strikes, fires, embargoes, actions of civil or military law enforcement autharities, acts af God,or acts of legislative,judicial, executive, ar administrative authorities ("Force Majeure Event"). ll. Indemnification. CITY wili indemnify and hoid harmiess COMCAST,its owners,parents,subsidiaries,affiliates, agents, directors, and employees against any and all liabiiities, claims,judgrnents, losses, orders, awards, damages, costs, fines, penalties, costs of defense, and attorneys' fees ("Liabilities") to the extent they arise from or in connection with: (a) fault or negligence af the CITY, its officers, emplayees, agents, Contractor, subcantractors andlor representatives arising out of or in connection with the perforrnance of the work required under this Agreement, except to the extent the injuries and darnages are caused by the negligence ar willful misconduct of Comcast, its officers, empiayees, agents, contractors, subcontractors and/or representatives; or(b) failure of the CIT�, its officers, employees, agents, Contractor, subcontractors and/ar representatives to comply with any term of this Agreernent or any applicable local, state, or federal law or regulation, including but not limited to the OSH Act and environmental protection laws. COMCAST will indemnify and hoid harmless the CITY, its owners, parents, subsidiaries, affiliates, agents, directors, and employees against any and all claims,judgments, losses, orders, awards, darnages, costs, fines, penalties, costs of defense, and reasanable attorneys' fees ("Liabilities") to the extent they arise from or in connection with: (a) fault ar negligence of CCIMCAST, its officers, employees, agents, subcontractors and/or representatives arising aut of or in connection with the performance of the wark required under this Agreement, except to the extent the injuries and damages are caused by the negligence ar willful misconduct af the CITY, its officers, employees, agents, Contractar, subcantractors and/or representatives; or (b) failure of COMCAST, its officers, ernployees, agents, subcontractors and/or representatives to comply with any terrn afthis Agreement or any applicable local, state,or federal law or regulatian, including but not limited ta the OSH Act and environmentai protection laws. The indemnification provisions herein constitute each parties waiver of immunity under industriai insurance, Title 51 RCW, solely ta carry out the purposes of the indernnificatian pravisions. The parties acknowledge they have mutual negotiated this waiver. Page 6 of 11 Except for each party`s indernnification obligations under this section, neither party is liable to the other for cansequential, incidental, indirect, punitive or speciai damages, including commercial loss and Iost prafits, however caused and regardless of legal theory or foreseeability, directly or indirectly arising under this Agreement, even if such party has been apprised of the possibiiity af such damages. 12, [nsurance. The City has included in the PS&E requirernents far the Contractor ta secure and maintain insurance coverages that are cansistent with state law and federal funding requirements. Each party agrees ta secure and maintain insurance in amounts nat less than thase specified below: (a) Cornmercial General Liability insurance covering claims for bodily injury, death, personal injury or property darnage (including loss of use} occurring or arising out of work perforrned under this A�;reement far which the insured party is responsible hereunder and including coverage for premises-aperation product/campleted aperations and contractual liability coverage. The lirnits of insurance shall not be less than: Each Occurrence $1,000,000 General Aggregate $2,000,000 (b) VVorkers' Compensation insurance with statutory lirnits as required in the state(s) of operation; and providing coverage for any emplayee in connection with this Agreement, even if not required by statute. Employer's Liability or `'Stap Gap" insurance with Iimits of not iess than $1,000,000 each accident. (c) Business Automobile Liability insurance cavering the ownership, operation and rnaintenance af ali awned, non-owned and hired rnotor vehicles used in connection with this Agreement with limits of at least $1,000,000 each accident. (d} Each party shall assume all property loss or damage from any cause whatsoever to any of their respective taols, employee owned tools, machinery, equipment, any motor vehicles owned or rented, including any ternporary structures, scaffoldin,� and protective fences used in performance of work under this Agreement unless caused by the negligent act, ornission or willfui misconduct of the other party. The parties shall require their agents and subcontractars to alsa assume the same praperty loss or damage as required under this paragraph (d} far their property. te} Acceptability af Insurers. Insurance is ta be piaced with insurers with a current A.M. Best rating of not less than A-:VII. (�} Verification of Coverage. CC}MCAST shall furnish the CITY with certificates and a copy of the amendatory endorsements or pravisians, including but not necessarily limited to the additional insured endarsement, evidencing the Autamabile Liability and Commercial General Liabiiity insurance of COMCAST befare commencement af the work. Upan request, the CITY shall provide evidence of coverage in accordance with this section 12. Page 7 of 11 ' ' i (g) Contractors. COMCAST shall furnish separate certificates and endarsements for each of its contractors and subcontractor p�;rforming work associated with this Agreement. All coverages for contractors and subcontractors shall be subject to all of same insurance requirements as stated herein for COMCAST. 13�. Safety and Health. (a)During the performance of work hereunder,the CITY will be responsible for its safety, the safety of its employees, agents or subcontractors, the public, and the worksite in general and will comply with all applicable provisions of local, state and federal law, regulations and orders affecting safety and health that apply to the Project,including but not limited to the Occupational Safety and Health Act of 1970 (herein collectively referred to as "The OSH Act"). The CITY agrees that it will promptly report serious accidents and/or fatalities relating to the Work to COMCAST. The CITY agrees that it and its subcontractors will give access to the autharized representatives of COMCAST,the Secretary of Labor or any state or local official for the purpose of inspecting, investigating or carrying out any required duties that apply to the Project, under the OSH Act and the CITY will immediately notify COMCAST that access has been sought. Upon request, the CITY will provide COMCAST with copies of its written safety plan and procedures and/or written assurances that the CITY and its subcontractors have a written safety plan in effect and that applicable OSH Act training appropriate for the work has been conducted for the CITY and its subcontractors, including but not limited to the requirements as defined in OSHA Excavation Standard, 29 CFR 1926.650(b) for providing a "Competent Person" at all work sites, who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to personnel, and who has the authorization to take prompt corrective measures to eliminate such hazards. The CITY will be responsible for coordinating its safety plan with its subcontractors, other contractors and COMCAST, where appropriate. (b) COMCAST reserves the right to shut down the COMCAST part of work operation if it reasonably believes the CITY, its employees, or subcontractors are performing work in a manner that imposes imminent danger to the workers, the job site, the public, and/or COMCAST property. (c) This or a substantially similar Section will appear in all of the CITY's subcontracts. 14. Relationship of the Parties. This agreement does not create a partnership, joint venture or similar relationship between the parties and neither party will have the power to obligate the other in any manner whatsoever. Any person who performs services required by this Agreement to be performed by a Party will be solely the employee or agent of that Party. Each party is solely responsible for (a) the hours of work, methods of performance and compensation of its employees and agents; (b) compliance with all federal, state, and local rules and regulations including those governing Worker's Compensation, Unemployment, Disability Insurance, and Social Security withholding for its employees and agents; and(c) all federal income taxes for its income derived in connection with Page8of11 this Agreement. 15. Assignment. Neither party will assign this Agreement withaut the prior written consent of the ather party. Such consent witi not be unreasonably withheid. 16. Entire Agreement. This Agreement, including all Exhibits and specified references, cantains the entire agreement between the parties and supersedes all prior oral ar written agreements with respect to the subject matter hereof. This Agreement may not be amended c�r modified except by a written instrument executed by the parties hereto. No modifications to these terms, inciuding handwritten, are permitted or shall be made withaut a duly executed written amendment between the parties or, if prior ta execution, a revised printed Agreement. In the event any handwritten modification is made to the Agreement tertns and conditions, such modifications shall be considered nuli and void, whether ar not acknowtedged by the parties, and the Agreement shalt cantinue in full force and effect under its ariginal, unadulterated terms and conditions. 17. Binding. The terms, covenants and conditions cantained in this Agreement will be bindin�; on and inure to the benefit of the parties and their respective successors and assigns. 18. Caunterparts» This Agreement may be exeeuted in one or more caunterparts, each af which will be deemed an original and aIl of which together will constitute one agreement. 29. Authority. Each party represents and warrants that it has the authority to execute, deliver and perform under this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 9 of 11 IN WTTNESS WHEREOF, the parties hereto have executed this Agreement effecCive as of the Effective Date. C4MCAST: CITY: � �� � , By; ��. _.LL. �`�� By: �_� L� , . ._- • . Printed Name: �'1,.�V t v1 �GL�Y`1 �C'�y. tr� Printed Name:t�}r�qq`��Mr,n,e,rvri„a,r� .�., Title: . i�ti ��' � Title: �tkb 1;� V�t7Y1Gs �-d rr��'t,�S�Ydrl�`' Date Signed: � � i i � t'� Date Signed: �' �� C /��� . � � , Page 10 of 11 Sunset Lane NE Improvements Project Page 11 of 11 AGREEMENT FOR CONSTRUCTION SERVICES CITY OF RENTON AND COMCAST _/�2017 ATTACHMENT A COSTS TO BE REIMBURSED BY COMCAST TO THE CITY OF RENTON (This is an estimate and Comcast will reimburse the City of Renton for actual costs incurred) Comcast Comcast { Bid Items Unit Qty Bid Subtotal Proportion I Proportion I Tax(9.5%) I Total I �El �Directional Boring � LF � 240 �$ 165.00� $39,600j 29.6%� $11,729.28� $1,114.28� $12,843.56� �E2 �BankRunGravelforTrenchBackfill � TON I 1,680 �$ 26.00� $43,680� 29.6%� $12,937.751 $1,229.09� $14,166.83� �E3 �Shoring or Extra UtilityTrench Excavation � SF � 11,400 �$ 0.10� $1,140� 29.6%� 5337.66� $32.08� $369 74� �E4 �UtilityTrench Excavation � CY � 1,J40 � $ 137.00� $238,380� 29.6%I $70,606.691 $6,707.641 $77,31432 �ES �BackfillforSandDrains � TON � 810 � $ ��- 34.SOI $27,945� 29.6%� � $8,27714� $78633� $9,063.46 �E6 �Comcast-Conduit 2 in.Diam.-install � LF � 240 �$ 2.00� $4801 100.0%� $480.001 $45.601 $525.60 �E7 �Comcast-Conduit4in.Diam.-install � LF I 5,970 �$ 2.501 $14,925� 100.0%� $14,925.001 $1,417.881 $16,342.88 �E8 ICenturylink-Conduit4in.Diam.-install � LF I 3,050 ����$ 2.501 $7,625� -- � � � --�� �E9 �PSE-Conduit 3 in.Diam.-install � - � LF � � � 70 � �$ �� 2.00� - $140� � � � �E10 �PSE-Conduit4in.Diam.-install I LF � 5,220 I$ 2.501 $13,050� I - I � � I _-� �Ell �PSE-Conduit6in.Diam.-install � LF � 1,700 �$ �� 3.001 $5,100� � - � �� � �E12 �Comcast Precast Vault install I EA � 10 I$ 2,000.00� $20,000� 100.0%� $20,000.00� $1,900.00� $21,900.00� �E13 �CenturyLink Precast Vault install I EA ���� -5 I$ 2,000.00� 510,000� � I I � �E14 �PSE Precast Vault install I EA � S �$ 3,000.00� $24,000� � I I � �E15 �PSE Handhole install I EA I 1 -��$ 1,075.00 I $1,075� � � I � � � �A1 �UnexpectedSiteChanges I � � �� � $30,000� 283%of10.6%� $926.65� $58.03� $926.68� �A4 ISPCCPIan I I I I $1,500� 283%of10.6%I $46.33� $4.40� 54633� �AS �Potholing � -� I � 527,000� 283%of 10.6%� $834.011 579.231 $534.01� �A6 �Type B Progress Schedule I I � I $14,0001 Z8.3%of 10.6�1 $432.451 $41.081 $432.45� �A7 �Mobilization I I � I $441,0001 283�of 10.6%� $13,622.201 $1,294.111 $13,622.20� �AS �ProjectTemporaryTrafficControl I I � I $115,300� 283%of10.6%� $3,654,21� $347.151 $3,654.21� �A9 �TrafficControlSupervisor � � - � I $82,500� 2S3%of10.6%I $2,54837� $24210� $2,54837� �All IPedestrianTrafficControl I I I �- � $12,8001 28.3%of10.6%� � $395381 $37.561 $39535� �A14 �Removal of Structure and Obstruction I � - � - � $37,000� 283%of 10.6%� ��- $1,142.91� $108.58� �$1,142.91� �A32 �Erosion/Water Pollution Control I I � I � $100,0001 283Y of 10.6%I $3,088.931 $293.451 $3,088.93� � �ConstructionManagement I I _�� . � I $583,059� 28.3%of10.6%��18,01031� $1,71095� ��8,01031� . � $197,228.18� Basis of Comcast Proportion Total Bid $4,694,89233 � Proportion of Total Work � � Schedule A � 55.6% � 52,611,850.00 � � Schedule B I 9.9% � $463,973.40 � � ScheduleC � 8.5% � $396,953.93 � � Schedule D � 123% � $576,130.00 � � Schedule E � 10.4% � $489,619.00 ��Schedule E-Utility Underground Improvements) � Schedule F � 33% � $156,366.00 � Schedule E Allocation by Utility I Proportion of � 'Proportion Based of Linear Feet of Conduit(see below) Schedule E` � Bid Items � ICitY � 22.5% � A68,A72� 4716� If I22.5% � Iv �CenturyLink � 14.5% � ES� 3050� If �14.5% � � � �Comcast � 29.6% � E6-E7� 6210� If �29.6% � � �PSE � 33.3% � E9-Ell� 6990� If �333% � total conduit � 20966 If 100%