HomeMy WebLinkAboutContract CAG-17-171
JOINT UTILITY TRENCH CONSTRUCTION AGREEMENT
Betw�een CENTURYLINK and the CITY OF RENTON
City� of Renton Agreement No. CAG-17-171
CenturyLink Agreement No.
THIS AGREEMENT ("Agreement"), effective as, of the �� (the
"Effective Date"), is made by� and bet�veen the CITY of Renton, a �'�'ashington Municipal
Corporation (`the "CITY"), and CenturyLink, Inc., a Louisiana Limited Liability
Company ("CENTURYLINK"). The Attachments referred to herein are incorporated by this
reference.
RECITALS
A. The C1TY is making impro��ements to Sunset Lane NE and NE 10�h Street (the
"Projecf') within the corporate boundaries of the CIT'Y.
B. CENTURYLINK provides broadband communications services in the
CITY.
C. The Project includes re(ocation of facilities that are currently located along the
corridor and o�vned by CENTURYLINK and other utility service providers. All of these
utility services are to be relocated as part of the Project ("Relocation").
D. The CITY has developed, advertised and opened bids for a construction contract,
includinQ Plans, Specifications and Estimates ("PS&E") to construct the Project. By this
reference, the PS&E as advertised and a��arded for construction, and includina t�vo published
amendments durin� the biddin� period, and includina revision 1 dated September 27, 2016 (13
sheets) are made a part of this Agreement. �
E. T'he Relocation requires trenching �vithin the right of ��-ay for placement of
facilities of utilities service providers, including CENTURYLINK, the CITY and others into a
Joint Utility Trench ('`JUT")
F. CENTURYLINK desires to secure the services of the CITY to install conduit and
utility vaults underground ('Work") and CENTURYLINK desires to cooperate in the planning,
en�ineering, design and other���ork associated with completion of the JUT and the Work.
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RECEIVED
0CT 17 2017
Transportation Systems Div.
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:
l. Project Description.
The JUT will be placed in the CITY right of way along Sunset Lane NE and NE l Oth Street as
part of Phase 2 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 underground
facilities of several utility service providers, including as a minimum, the CITY,
CENTURYLINK, Comcast and PSE (gas and electric). The CITY has awarded and executed a
construction contract for the Project that includes construction of the JUT.
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 CENTURYLTNK 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 CENTURYLINK's participation in the Project, CENTURYLINK
will arrange for the purchase and delivery of such materials to the Contractor. Specific materials
to be purchased and delivered by CENTURYLINK 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 CENTURYLINK 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 CENTURYLINK
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.
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(3) Plan Discrepancies. If there is any discrepancy between the PS&E and the
CENTURYLINK Plans, the parties mutually agree to work together to resolve such
discrepancy between said p(ans.
(b) CENTURYLINK Responsibilities.
(1) Provision of Work, Materials, and Equipment. All work and equipment
described in this section as CENTURYLINK responsibilities shall be provided by
CENTURYLINK in the manner and timeframe described herein at CENTURYLINK's sole cost
and expense.
(2) Coordination. CENTURYLINK will maintain continued coordination
with the CITY regarding instal(ation of CENTURYLINK'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. CENTURYLINK will be responsibte 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 CENTURYLINK wil( attend each meeting and
provide weekly progress reports. The CENTURYLINK 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)(2).
(iii)CENTURYLINK wi(I furnish all materials required for the installation
of CENTURYLINK conduit and utility vaults including vaults,
conduits, and ail other materials necessary for installation of the
vaults and conduits required by the Contractor for the instal(ation of
CENTURYLINK 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 CENTURYLINK notice in accordance with
Section 3(a)(2). The CITY will provide a reasonable location to
CENTURYLINK of where the materials will be delivered.
(iv)CENTURYLINK 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. CENTURYLINK's inspector will
not direct the Contractor in any manner; the CENTURYLINK inspector
wi(I communicate a(1 requests in writing to the CITY's inspector.
(v) Once sections of vault and conduit are instal(ed by the CITY and
accepted by CENTURYLINK, CENTURYLINK will complete
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insta(lation 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. This will be done in a manner that does not
delay or otherwise impact progress of construction of the Project.
CENTURYLINK's responsibilities will include, but not be limited to,
furnishing and installing all cables, conductors, electrical equipment,
and temporary utility poles; conversion to underground; and for the
removal of poles,and other equipment no longer needed.
(3) Tra�c Control. CENTURYLINK or its contractor will provide traffic
control when CENTURYLINK or its contractor is installing its new underground cabling and
splicing along with CENTURYLINK overhead construction and removing its existing overhead
facilities. Traffic control plans to be utilized by CENTURYLINK or its contractor wi(1 be
coordinated�vith traffic control established for the Project.
(=�) Installation Not in Right of Way. The installation of any
CENTURYLINK faci(ities not in CITY right of way, including but not limited to cable,
conduit, and pedestals, wili be the responsibility of CENTURYLINK. CENTURYLINK will
coordinate with private property owners. The Project will not provide for any construction outside
of the CITY's rights-of-way. Coordination of work, and payment for necessary easements or
agreements from private property owners, is the responsibility of CENTURYL[NK and sha(I be
done in a manner so as not to delay or otherwise impact the construction of the Project.
4 Compensation
(a) CENTURYLINK ab ees to pay to the CITY, as compensation for its work under this
agreement, the unit price which will be included in the successfiil bidder's proposal, and any
associated change order work that may be necessary. For planning purposes, an estimate of the
costs to be reimbursed by CENTURYLINK to the City for the Work is included as Attachment A
to this agreement. This compensation covers a pro rata share of certain costs.
(b) Share of additional expenses. CENTURYLINK will pay additional expenses incurred by
the CITY to complete the Work, including engineering and inspection costs associated with the Work,
provided such additiona( expenses are mutually agreed upon by the parties in writing, prior to such
additional expenses being incurred.
S Change Orders
(a) Any request for change must be agreed upon in advance as evidenced by written
amendment and signed by authorized representatives of both parties.
(b) Any change requested by CENTURYLINK to be performed by the CITY will be
submitted to the CITY's Inspector, who will submit the request to the Contractor to obtain a
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reasonab(e price from the Contractor to perform the work. The CITY will notify CENTLJRYLINK of the
price. CENTURYLINK will have twenty-four(24)hours after being notified of the price to respond and
confirm the requested change,and authorize the change in work and cost.
(c) CENT'URYLINK wili r�imbwse the CITY for all negotiated costs associated with any change,
including associated engineering and inspection costs.
6. Schedule.
The CITY's Contractor will be responsible for planning and scheduling their w�ork and will submit a
progress schedule to the CITY and CENTi.1RYLINK prior to beginning construction activities.
Z Notices.
All notices will be in writing and will be delivered by certified mail return receipt requested
or any other de(ivery system which is capable of providing proof of delivery. Any such notice
will be deemed effective on the date of mailing. All notices will be addressed to the parties as
specified below:
CENTUR�'I.INI� )ason Tesdal, CP1�I�
CENTURYLINK
23315 66`h r1�-e. So.
Kent,��'r� 98032
(206) 345-3488
CI1�'OF RENTON Bob Hanson, PE
Cit`-of Renton
Transportation Di�-ision
1055 South Gradti��'av
Renton,��'r198057
(425) 430-7223
Either party may change the above addresses to which notices are sent by giving notice of such
change to the other party in accordance with the provisions of this Section.
8. Governing Law.
This Agreement will be governed by and interpreted in accordance with the laws of the State of
Washington.
9. Dispute Resolution.
Any controversy or claim, whether based on contract, statute, tort, fraud misrepresentation or
other theory, related directly or indirectly to this agreement between CENTURYLiNK and the
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CITY will be resolved by negotiation between the parties. Should such negotiations fail to
settle such controversy or claim settlement will be reached through binding arbitration. The Federal
Arbitration Act, 9 U.S.C. Sections 1 to 16, not state law, will govern the arbitrability of all claims,
and the resolution of the claims. Binding arbitration will be conducted under the then current
rules of Judicial Arbitration and Mediation Services ("JAMS"). In the event the terms of 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 conditions, strikes, fires, embargoes,
actions of civil or military law enforcement authorities, acts of God, or acts of legislative,
judicial, executive, or administrative authorities ("Force Majeure Event").
11. Indemnification.
CITY will indemnify and hold harmless CENTURYLINK, its owners, parents, subsidiaries,
affiliates, agents, directors, and employees against any and all liabilities, claims, judgments,
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 of the
CITY, its officers, employees, agents, Contractor, subcontractors and/or representatives; or
(b) failure of the C[TY, its officers, employees, agents, Contractor, subcontractors and/or
� representatives to comply with any term of this Contract or any applicable local, state, or
federal law or regulation, including but not limited to the OSH Act and environmental
protection laws.
CENTURYLINK wil( indemnify and hold harmless the CITY, its owners, parents, subsidiaries,
affiliates, agents, directors, and emp(oyees against any and all claims,judgments, losses, orders,
awards, damages, costs, fines, penalties, costs of defense, and reasonable attorneys' fees
("Liabilities") to the extent they arise from or in connection with: (a) fault or negligence of
CENTURYLINK, its officers, employees, agents, subcontractors and/or representatives; or (b)
failure of CENTURYLINK, its officers, employees, agents, subcontractors and/or
representatives to comply with any applicable local, state, or federal law or regulation, including
but not limited to the OSH Act and environmental protection laws.
The indemnification provisions herein constitute each parties waiver of immunity under
industrial insurance, Title 51 RCW, solely to carry out the purposes of the indemnification
provisions. The parties acknowledge they have mutual negotiated this waiver.
Except for each party's indemnification obligations under this section, neither party is liable to
the other for consequential, incidental, indirect, punitive or special damages, including
commercial loss and lost profits, however caused and regardless of legal theory or foreseeability,
directly or indirect(y arising under this Agreement, even if such party has been apprised of the
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possibility of such damages.
12. Insurance.
The City has included in the PS&E requirements for the Contractor to secure and maintain
insurance coverages that are consistent with state law and federal funding requirements. Each
party agrees to secure and maintain insurance in amounts not less than those specified below:
(a) Commercial General Liability insurance covering claims for bodily injury, death,
personal injury or property damage (including loss of use) occurring or arising out of work
performed under this Agreement and including coverage for premises-operation
product/compieted operations and contractual liability coverage. The limits of insurance shall
not be less than:
Each Occurrence $1,000,000
General Aggregate $2,000,000
(b) Workers' Compensation insurance with statutory limits as required in the state(s) of
operation; and providing coverage for any employee in connection with this Agreement, even if
not required by statute. Employer's Liability or "Stop Gap" insurance with limits of not less
than $1,000,000 each accident.
(c) Business Automobile Liability insurance covering the ownership, operation and
maintenance of all owned, non-owned and hired motor vehicles used in connection with this
Agreement�vith limits of at least $1,000,000 each accident.
(d) CENTURYLINK's Insurance for Other Losses. Each party shall assume all
property loss or damage from any cause whatsoever to any of their respective tools, employee
owned tools, machinery, equipment, any motor vehicles owned or rented, including any temporary
structures, scaffolding and protective fences used in performance of work under this
Agreement unless caused by the negligent act, omission or willful misconduct of the other
party. The parties shall require their agents and subcontractors to also assume the same
property loss or damage as required under this paragraph (d) for their property.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not (ess than A-:VII.
(fl Verification of Coverage. CENTURYLINK sha(l furnish the CITY with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited
to the additional insured endorsement, evidencing the Automobile Liability and Commercial
General Liability insurance of CENTURYLINK before commencement of the work. Upon
request, the CITY shall provide evidence of coverage in accordance with this section 12.
(g) Contractors. CENTURYLINK shall furnish separate certificates and endorsements
for each of its contractors and subcontractor performing work associated with this
Agreement. All coverages for contractors and subcontractors shal( be subject to all of
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same insurance requirements as stated herein for CENTURYLINK.
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 comp(y 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 CENTURYLINK. The CITY agrees that it and its
subcontractors will give access to the authorized representatives of CENTURYLINK, 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 CENTURYLINK that access has been sought. Upon request, the CITY
will provide CENTURYLINK 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
CENTURYLINK, where appropriate.
(b) CENTURYLINK reserves the right to shut down the CENTURYLINK 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 CENTURYLINK 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 emp(oyees and agents; (b)
compliance with al! federal, state, and local rules and regu(ations 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 this Agreement.
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15. Assignment.
Neither party will assign this Agreement without the prior written consent of the other party.
Such consent will not be unreasonab(y withheld.
16. Entire Agreement.
This Agreement, including all Exhibits and specified references, contains the entire agreement
between the parties and supersedes all prior oral or written agreements with respect to the
subject matter hereof. This Agreement may not be amended or modified except by a written
instrument executed by the parties hereto. No modifications to these terms, including
handwritten, are permitted or shail be made without a duly executed written amendment
between the parties or, if prior to execution, a revised printed Agreement. In the event any
handwritten modification is made to the Agreement terms and conditions, such modifications
shall be considered nuil and void, whether or not acknowledged by the parties, and the
Agreement shall continue in full force and effect under its original, unadulterated terms and
conditions.
17. Binding.
The terms, covenants and conditions contained in this Agreement will be binding on and inure
to the benefit of the parties and their respective successors and assigns.
18. Counterparts.
This Agreement may be executed in one or more counterparts, each of which will be deemed an
original and all of which together will constitute one agreement.
19. Authority.
Each party represents and warrants that it has the authority to execute, deliver and perform
under this Agreement.
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IN WITI�IESS WHEREOF, the parties hereto have executed this Agreement effective as of the
Effective Date.
CENTURYLINK: CITY:
BY� By: .
>
Printed Name: „� �4"�-tcS� Printed Nam : �.,YY��YI�'�G�✓�
o q
Title:��;r�C`�s� �t�t��dken�,rrl�'��,.Y�''`�Title:�l.�b��G�(�(�-S ���`��-`fLS�
Date Signed: 7� 9 —� � Date Signed: �
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Sunset lane NE Improvements Project-Phase 2 Page 11 of 11
A6REEMENT FOR CONSTRUCTION SERVICES
CITY OF RENTON AND CENTURYLINK
Dated:
ATTACHMENT A
COSTS TO BE REIMBURSED BV CENTURYLINK TO THE CITY OF RENTON
(This is an estimate and CenturyLink will reimburse the City of Renton for actual costs incurred)
Centurylink CenturyLink
Bid Items Unit Qty Bid Subtotal Proportion Proportion Tax(9.5%) Total
E2 Bank Run Gravel for Trench Backfill TOnI 1 680 $ 26.00 $43,680 2.0% $854.18 $81.15 935.33
E3 Shoring or Extra Utility Trench Excavation 5F 11,400 $ 0.10 $1,140 2.0% $22•29 $2.12 $24.41
E4 Utility Trench Excavation CY 1,740 137.00 238,380 2.0% 4,661.63 442.86 5,104.49
ES Backfill for Sand Drains TON 810 $ 34.50 $27,945 2.0% $546.48 $51.92 $598.39
E6 Comcast-Conduit 2 in.Diam.-install LF 240 $ 2.00 $480
E7 Comcast-Conduit 4 in.Diam.-install LF 5,970 2.50 14,925
E8 CenturyLink-Conduit 4 in.Diam.-install LF 410 $ 2.50 $1,025 100.0% $1,025.00 $97.38 1,122.38
E9 PSE-Conduit 3 in.Diam.-install LF 70 $ 2.00 $140
E10 PSE-Conduit 4 in.Diam.-install LF 5,220 2.50 13,050
Ell PSE-Conduit 6 in.Diam.-install LF 1,700 $ 3.00 $5,100
E12 Comcast Precast Vault install EA SO $ 2,000.00 $20,000
E13 Centurylink Precast Vaultinstall EA 1 $ 2,000.00 $2,000 100.0% 2,000.00 190.00 2,190.00
E14 PSE Precast Vaultinstall EA 8 $ 3,000.00 $24,000
E15 PSE Handhole install EA 1 $ 1,075.00 $1,075
A1 Unexpected Site Changes 30,000 2.0%of 10.4% 61.18 5.81 61.18
A4 SPCC Plan $1,500 2.0%of 10.4% $3.06 $0.29 $3.06
AS Potholing $27,000 2.0%of 10.4% $55.06 $5.23 $55.06
A6 Type 6 Progress Sthedule 14,000 2.0%of 10.4% 28.55 2.71 28.55
A7 Mobilization $441,000 2.0%of10.4% 5899.37 $85.44 $899.37
A8 Project Temporary Traffic Control $118,300 2.0%of 10.4% $241.26 $22.92 $241.26
A9 Traffic Control Supervisor 82,500 2.0%of 10.4% 168.25 15.98 168.25
All Pedestrian Traffic Control $12,800 2.0%of 10.4% $26.10 $2.48 $26.10
A32 Erosion/Water Pollution Control $100,000 2.0%of 10.4% $203.94 $1937 $203.94
onstruction Management 583,0 9 2.0°0 0 10.4% 1,189.09 11 .96 1,189.09
$12,850.87
Basis of CenturyLink Proportion Total Bid $4,694,892.33
Proportion of Total Work
Schedule A 55.6% $2,611,850.00
Schedule B 9.9% $463,973.40
Schedule C 8.5% $396,953.93
Schedule D 12.3% $576,130.00
Schedule E 10.4% $489,619.00 (Schedule E-Utility Underground Improvements)
Schedule F 3.3% $156,366.00
Schedule E Allocation by Utility Proportion of *Proportion eased of Linear Feet of Conduit(see below)
Schedule E* Bid Items
City 35.1% A68,A72 7356 If 35.1%
v Centu Link 2.0% E8 410 If 2.0'r6
=' Comcast 29.6% E6-E7 6210 If 29.6%
� PSE 33.3% E9-Ell 6990 If 33.3%
total conduit 20966 If 100%