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Home My WebLink About3226 RESOLUTION NO. 3 2 2 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCTION SERVICES AGREEMENT WITH METROMEDIA FIBER NETWORK SERVICES, INC. , TO PROVI DE FOR INSTALLATION OF SERVICE CONDUITS AND VAULTS WITHIN THE AREA OF CITY PROJECT NO. PR529, KNOWN AS SR18/'C' STREET SW INTERCHANGE AND 3RD STREET SW GRADE SEPARATION PROJECT. WHEREAS, Metromedia Fiber Networks currently provides selected telecommunications services within the City of Auburn; and WHEREAS, the City of Auburn is making street improvements at 3rd Street SW and C Street SW relative to City Project No. PR529, SR 18/ 'C' Street SW Interchange and 3rd Street SW Grade Separation Project; and WHEREAS, Metromedia has expressed a desire for the City to provide construction services for the installation of their service conduits and vaults within the project area at Metromedia' s expense. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Construction Services Agreement with Metromedia Fiber Networks, Inc., so Resolution No. 3226 05/18/00 Page 1 that the City can provide Construction services for the installation of Metromedia's service conduits and vaults within the PR529, SR 18/ 'C' Street SW Interchange and 3rd Street SW Grade Separation Project area at Metromedia's expense. A copy of said Agreement is attached hereto and denominated as Exhibit "1" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this S~'/day of .~~ ~~~2000. CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk · PROVE~ORM: Michael J. Reynolds, City Attorney Resolution No. - 3 2 2 6 05/17/00 Page 2 Exhibit "1" Resolution No. 3226 CONSTRUCTION SERVICES AGREE~4ENT This Construction Services Agreement ("Agreement"), dated as of this ~6 day of ,2000, is made by and between the City of Auburn, Washington, a Municipal n ("City") and Metromedia Fiber Network Services, Inc., a Delaware Corporation ("Company") with reference to the following facts. RECITALS A. The Company is a provider of telecommunications services, and pursuant to its franchise from the City, provides selected telecommunications services within the City. B. The City is undertaking a street improvement program at 3rd Street SW and "C" Street SW. The street improvement program includes the realignment of "C" Street SW from W Main to the eastbound ramps and realignment of 3~d Street SW from Division Street to "C" Street SW including grade separation between 3~d Street SW and the BNSF tracks. Refer to Exhibit A, Vicinity Map, Project Area. C. The Company has expressed a desire for the City to provide construction services for the installation of Company's conduits and manholes within the Project Area at the Company's expense. D. The parties wish to execute this written contract to govern the installation of such a system. AGREEMENT The Company and the City therefore agree as follows: 1) The Company shall install a conduit system through the Project Area, in accordance with the Company's standard specifications and the terms and conditions contained herein. 2) The Company shall provide the City with the all necessary design information, including but not limited to, plans, specifications, bid items, and quantities, for inclusion with the City's Contract Documents. The Company shall also provide an Engineer's Estimate for the work to be done by the City at the Company's expense. This design information shall be submitted to the City in its final form no later than June 7, 2000. 3) The City shall perform the following within the Project Area at the Company's expense: a) Trenching (including shoring, flagging and barricades), and Restoration (including restoration of streets, sidewalks and private property); and b) Surveying for alignment and grades for MFN vaults and ducts. Other non-public utilities may be permitted by the City to use City-provided trenches at a share of costs in accordance with each franchise agreement for the installation of their facilities so long as such facilities or the installation thereof do not interfere with the Company's conduit system or the installation or maintenance thereof. c) Installation of Company's conduits, vaults and any appurtenant facilities. The City will require its contractors (i) to indemnify, defend and hold Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with contractors' performance of the construction to be performed pursuant to the terms of this Agreement, and (ii) to agree that any and all warranties with respect to such construction Construction Services Agreement 2 PR 529, 3~d Street SW Grade Separation Project shall run to and be for the benefit of Company to the extent such construction is performed for or on behalf of the Company. 4) The Company shall obtain any necessary property fights, if any, for the installation as herein provided of the Company's facilities and provide the City with evidence of such rights prior to award of this project by the City. In the event any of the Company's necessary property rights are not obtained at the time of the project award, the City will not award that portion of the City's contract pertaining to any such portion. Company shall be permitted to make application to complete any such portion of the work, at the Company's expense, once such property rights are obtained by Company. 5) Within two (2) weeks after the approval of the final payment by the City Council of the City's construction contract, the City will submit a final bill for work performed by the City and the Company within thirty (30) days shall remit to the City a payment of a pro-rated share, based on the cross-sectional areas of the joint utility trench utilized by the Company, of the actual costs as determined by the City for the work done as described in Section 3)a) and 100% of the actual costs as determined by the City for the work done as described in Sections 3)b) and 3)c) of this Agreement. 6) The Company shall own, operate and maintain all conduit systems installed pursuant to this Agreement, which system is a portion of Company's Fiber Optics Distribution System, as set forth on Exhibit B, and underground services installed by the Company. 7) The Company shall provide at its expense an inspector to coordinate material deliveries and ensure the correct type, number, and construction method of all Company manholes and conduits during the City's construction project. 8) The Company shall provide the necessary conduits and vaults to be installed by the City as necessary to maintain the City accepted Construction Schedule. The conduits and vaults Construction Services Agreement 3 PR 529, 3~d Street SW Grade Separation Project shall be available to the City for delivery no later than August 15, 2000. The Company understands that the City's Project schedule will not be delayed due to late delivery of Company provided materials. 9) The City shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Project Area. The City shall coordinate with the Company during construction through periodic project meetings and written correspondence. 10) The Company's performance hereunder shall be commenced within ten (10) working days of the date requested in a written notice from the City. The Company shall use reasonable diligence in performing its work hereunder, but shall not be liable for any delays resulting from circumstances beyond its control. Should the Company be delayed, the City shall not be obligated to perform any of the described work in 3) which is in turn affected by the Company's delay. l l)The Company releases and shall defend, indemnify and hold the City harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the Company's duties under this Agreement. During the performance of such activities the Company's employees shall at all times remain employees of the Company. 12) The Company reserves the right to review the contractor's bid prices for the undergrounding of the facilities to be completed by the City under this agreement and if bids are unresponsive to provide this work through other sources. 13) Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future fiber optic facilities within the Project Area. Construction Services Agreement 4 PR 529, 3'~ Street SW Grade Separation Project 14) Should the terms and conditions of this Agreement not be met as specified herein, this Agreement may be terminated by either party upon ten (10) days written notice to the other party. Upon termination of the Agreement, the City shall submit a final billing to the Company for work performed hereunder by the City to date and the Company shall remit payment therefore within thirty (30) days. City of Auburn Metromedia Fiber Network Services, Inc. Charles A. Booth o~ ~ BY ~~~,4--d- ITS MAYOR ITS ATTEST: D~ielle E. Daskam Aubum City Clerk Michael J. Re~olds Auburn City Attorney Construction Services Agreement 5 PR 529, 3~u Street SW Grade Separation Project CCLS)NflPROON Fax: SOg-S4g-1104 Feb 28 05:33 MRY-O3-~2~OB ~4:e3 P.eG/OG EXHIBIT A PROJEGT VICINITY MAP TOTAL P. ej6