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HomeMy WebLinkAbout11-091 - 360networks - Relocation of Conduits (Interurban Avenue South Gravity Sewer) 11 -091 Council Approval NIA CONDUIT RELOCATION AGREEMENT BETWEEN 360NETWORKS (USA) INC. AND THE CITY OF TUKWILA RELATIVE TO INTERURBAN AVENUE SOUTH GRAVITY SEWER PROJECT WHEREAS, the City of Tukwila, hereafter referred to as "City has to replace the existing sanitary sewer line in Interurban Avenue South; and WHEREAS, 360networks (USA) inc., hereinafter referred to as "360 Networks is a competitive telecommunications company that is required by the Tukwila Municipal Code to relocate an existing 360 Networks conduit bank located in the right -of -way when the existing conduit bank is in conflict with proposed underground City sanitary sewer line; and WHEREAS, the City owns two four -inch conduits within the existing duct bank that 360 Networks is required to relocate for the proposed sanitary sewer line and the City requests that 360 Networks relocate the City's two four -inch conduits within the existing duct bank; NOW, THERFORE, in consideration of the promises and mutual covenants of the parties set forth herein, the sufficiency of which consideration is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS: 360 Networks agrees to defend, indemnify and hold harmless the City from any and all .claims for damages brought by any party against the City as a result of 360 Network's coordination, planning, relocation and installation "Relocation of the City's two four -inch conduits within the 360 Networks conduit and fiber infrastructure in regards to the sanitary sewer line, including damage to any other fiber or conduit within the duct bank or service disruption, unless caused by the negligence or willful misconduct of City, its employees, agents or contractors. This indemnification shall include damages, costs, and reasonable attorney's fees. The City shall within 30 days of the completion of the conduit relocation by 360 Networks pay the sum of $11,503.25 for all work done to the pursuant to this agreement including applicable Washington State sales tax. Claims by 360 Networks for extra cost must be made in writing before execution of the work involved and be approved by the City. The scope of relocation of the duct bank is: 1) Identify location of utilities to the north and south of proposed City sanitary sewer location in center turn lane in front of 14935 Interurban Avenue South in Tukwila. Survey will be included. 2) Determine how other utilities will be affected the raising of the duct bank up to 18 inches. 3) Plan how far in each direction the duct bank will need to be exposed and CDF removed in order to raise the ducts the required distance. 4) Excavate down to duct bank in previously determined locations. s��� 6 -1n- 5) Remove CDF from duct bank as required. 6) Raise duct bank required distance at crossing of sanitary sewer pipe. 7) CDF ducts, backfill ditch, and restore asphalt roadway disturbed pavement markings to City required specifications per the attached detail. 360 Networks represents and warrants that it carries and will carry during the Relocation public liability and property damage insurance with carriers satisfactory to the City in the following amounts: $50,000 property damage 500,000 ...........public liability (each person) $1,000,000 public liability (each occurrence) Said general liability policy shall include the City of Tukwila as an additional insured and shall provide the City with 30 days notice prior to cancellation. IN WITNESS WHEREOF, authorizing representatives of the parties hereto have signed their names in the spaces set forth below: CITY OF TUKWILA 360 Networks (USA) Inc. 2101 Fourth Avenue, Suite 2000 Seattle, WA 98121 By: ��1'�f' B y y. ...wc� Sign r Printed e: Printed Name: L zQ L. u� Title: Title: V7' �,Oera�ioyc s Date: L. LQ DOI Date: 5 4, APPROVED AS TO FORM: Office of the City Attorney BY'(�� (W:PW Eng/Projects /A- SW /04SW08 /Conduit Relocation Agreement 360 Networks) R jk�,4 W,&A 4DW Scope of Work Tukwila Interurban Ave. S. Fiber Optic Duct Bank Relocation The City of Tukwila is performing improvements to the Sanitary Sewer system on Interurban Ave. S. from approximately S. 144th St. to just south of S. 149th St. Potholing has been performed to acquire top and bottom elevations of the 360networks duct bank to determine conflicts with the SS system. Only one conflict was found and is explained below. At the conflict location the 360networks duct bank consists of the following ducts including a 6" IP PSE gas line directly above: 18- 1.25" (Joint trench partners) 4 4" PVC (2 ELI, 2 City of Tukwila) 2 2" PVC (XO) The City of Tukwila Project Engineer is Mike Cusick: Mike Cusick, PE Senior Engineer City of Tukwila 206 431 -2441 1 I Tukwila Interurban Ave. S. Fiber Optic Duct Bank Relocation A. Work to be performed: 1. Identify location of utilities to the north and south of proposed City Sanitary Sewer location in center turn lane in front of 14935 Interurban Ave. S. in Tukwila 2. Determine how other utilities will affect the raising of the duct bank up to 18 inches. 3. Plan how far in each direction the duct bank will need to be exposed and CDF removed in order to raise the ducts the required distance. 4. Excavate down to duct bank in previously determined locations. 5. Remove CDF from duct bank as required. 6. Raise duct bank required distance at crossing of Sanitary Sewer pipe. 7. CDF ducts, backfill ditch, and restore asphalt roadway to City required specifications. 2 x x 3 (USA) inc. 2101 Fourth 111 206.239.4360 206.239.4110 April 15, 2011 City of Tukwilla Attn: Mike Cusick, PE C Inetworks RE: RELOCATION OF CITY CONDUITS INTERURBAN AVE Dear Mike: The City of Tukwilla will be performing sanitary sewer improvements along Interurban Avenue from approx. S.144 1h St. to S.149 St. As a result of this project, a joint owned conduit trench will need to be relocated to accommodate the City's project. 360networks is taking the lead on relocation of the joint owned conduit duct bank based on approved participation from the parties. The proposed prorated shares are based on percentage number of conduit interest in the project (assuming all parties participate). 360networks proposes to include the City of Tukwilla's 2 -4" conduits in this relocations for a prorated share of the overall costs plus 15% (admin /overhead /insurance). Actual costs will be used to determine final billing amounts upon completion. 360networks' estimate for the City of Tukwilla portion will be approx. $10.600 (not including any applicable sales tax). A full breakdown and backup documents will accompany the final invoice. This estimate is based on participation of all the parties indicated. 360networks will notify the City of Tukwilla of any variances or change orders to the project which will result in exceeding this amount as soon as they become apparent. Attached are the overall scope of work document, budget estimate and prorated share calculations based on the budget estimate. Please confirm that the City wishes to participate and contact me with any questions. Regards, 360networks (USA) inc. Joe Bangah, Director Network Planning Phone: 206 239 -4012 Mobile: 206 -612 -1073 Email: ioe. banciah(cD360. net o Q, O• p O O N �J O O O_ t9 W ,pY O tD CO vk j IlS a C:> O O O O O O 0 0 p co N co co Y WOW U U th N i t1 O 3 3 4 O N O O U O C u j N d N r C (0 G 67 O N O N a p G N O 'p 0 U U M N N t (N N N- N LO LO (fl CO I� r V V fl- *t C'M M O Cp M LO M M M M O O LO (fl 00 m 1-- (1) 00 00 00 Cn 00 LO LO co I- M= LO M M M= M c- (6 r r (D O 69 69 69t 69 69- 69 69 64 69 69 69 6 64 O O O O O O O O CO V I� 'I r- qT N N (D O O O O O O V qT o N O (14 (D O 'q 'q N O O O O O O 00 00 LO 0 0 0 O O 0 0 0 0 6 CD 0 N O (D (D O O N N N 0 0 LO LO LO 0 0 O LO 0 0 0 0 00 LO Lo 00 O I-- (D M O LO N fl- N LO LO LO N tO LO LO O N M CO Ili M CO IT LO 6F} 69 64 6F? 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