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AG 10-071REI'URN TO: � ��� r F� 1 V C CITY OF FEDERAL V�AY LAW DEPARTMENT FOR CO1vTRACT PREPARATION/DOCUMENT REVIEWISIGNATURE ROUTING SLIP 1. OR[GINATING DEPT.!DIV: P�� ���i� e�� Z. ORIG[NATING STAFF PERSON: � �'' ( �t v� e� (� � t`TS EXT: ��j 3. DATE REQ_ BY: 4 TYPE OF DOCUMENT REQUESTED (CHECK ONE) O CONTRACTOR SELECT[ON DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT ❑ PROEESSIONAL SERV[CE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERViCE AGREEMENT ❑ HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (e.c. aorro t�t,nrE� Docun�xTS> ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDM�NT (AG#): � OTHER L._�P(" C27 �.� u. ��? 1",S v� �✓��' 5. PROJECT NAME: � r r ' i. NAME OF CONT�� ADDRESS: �l�d1O SIGNATURE NAME: TITLE �l� 7. EXHIBITS AND ATTACHMENTS: ❑ scoPS WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERT[FlCATE ❑ ALL OTHER REFERENCED EXH[BITS ❑ PROOF OF AUTHORITY TO S[GN ❑ REQU[RED LICENSES ❑ PR[OR CONTRACT/AMENDMENTS 3_ TERM: COMMENCEMENT DATE: T� D COMPLETION DATE: T S D �. TOTAL COMPENSATION $ C 4�^'L CR /` �� Kt {d U►`Ses �� e Fa � G-tJ«�( INCLUDE EXPENSES AND SALES TAX, [F ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOY6ES TITLES'�ID HOLIDAY ftATES) REIMBURSABLE EXPENSE: � Yes ❑ NO IF YES, MAX[MUM DOLLAR AMOUNT: $ [S SALES TAX OWED ❑ YES ❑ NO [F YES, $ PA[D BY: � CONi'RACTOR o CITY ❑ PURCHASING: PLEASE CHARGE TO: I�� '(0. CONTRACT REVIEW I TIAL/ DA E REVIEWED / INITIAL / DATE APPROVED �PROJECT MANAGER �1 �Z Oq //� /p � ❑ DIRECTOR ❑ SIGNATORY (ctvt ACM, OR D[RECTOR) ,�LAW y a � - z3-a � � _ I ok � � I t. CONTRACTSIGNATURE ROUTING C� � SENT TO VENDOR/CONTRACTOR DATE SENT: 1 l l�7 iD9 DATE REC'D: '�1 (� � ATTACH: SIGNATURE AUTHOR[TY, INSURANCE CERTIF[CATE, LICENSES, EXHIBITS '� �"LAW DEPART _ NT �,.�, � SIGNATORY ' cM OR D[RECTOR) � /�,I� .�CITY CLERK .` ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNE� ;OMMENTS: ��'��� � �%�d✓� � t r s'� c� ►'ar'�' � ca �.o� 0 v�� INITIAL J DATE SIGNED ,D.l.�/s � �/1� .�o 0 . .\� AG# " DATE SENT: • 23 • �a �� �1 �b9 . . , . ��E�'r,��Pi .Z ����i� "� , - ' -�- �- - - - - � - --�- 0 �i�'�(�I�C�Zi.S�TSr2I3L9�L�" '.(S�S�iIIIllii•i�iZGI3�I�� ( . , • � After recording, return to: City of Federal Way 33325 8� Avenue S Federal Way, WA 98003 Attn: Brian Roberts . LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PROJECT (SOUTH 312TH STREET TO DASH POINT ROAD) THIS LETTER OF UNDERSTANDING (this "LOI") is made and entered into this day of �L2 �,ZO�p � by and between the City of Federal Way (hereinafter "City") and Comcast Corporation (hereinafter "Comcast"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase IV Project (South 312th Street to Dash Point Road) (hereinafter "Project"); and WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance with Franchise 06-524, applicable Washington State and City of Federal Way laws, and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, Comcast will be required to relocate certain aerial facilities such as cables and poles into an underground duct and vault system within the Project area; and WHEREAS, In accordance with the Federal Way — Comcast Cable Franchise Agreement, Ordinance No. 06-524, if the City charges Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the "Joint Util'ity Trench Work") and pay the City a portion of the trench costs, including but not limited to, trench bedding, backfill, and traffic control commensurate with Comcast's proportionate share of trench usage. � NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: PRECONSTRUCTION ESTIMATE. Exhibit A is a good faith project cost estimate for Comcast's share of Joint Utility Trench Work.. Costs are based on an engineer's estimate provided by the City's design Pacific Highway South HOV Lanes Phase IV Page 1 2009 consultant, KPG, Inc. Exhibit B is a good faith total project cost based on an estimate of Comcast's share of project administrative costs. BIDDING AND CONSTRUCTION. A. It is the intention of the City and Comcast that Comcast plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by potential contractors within the bidding process, the City agrees to maintain Comcast duct and vault line items as a separate schedule. B. Following opening of construction bids on the Project, Exhibits A and B will be updated by the City based on the bid responses submitted for Comcast Joint Utility Trench Work. Revised Exhibits A and B will be provided to Comcast for its review. Within twenty days of receiving the bid prices, Comcast shall notify the City in writing that Comcast approves their portion of the bid award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical ser'vices necessary for the execution of the Project. In providing such services, the City Director of Parks, Public Works, and Emergency Management and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Comcast grants to the City Director of Parks, Public Works, and Emergency Management and/or his or her designee authority to act on behalf of Comcast sufficient to carry out the provisions of this Letter of Understanding. B. Comcast shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Comcast Joint Utility Trench Work, which changes shall be made, if feasible. The City shall notify Comcast, in writing, of any changes required of the Joint Utility Trench Work and shall obtain Comcast's approval of such changes. ComcasYs approval shall not be unreasonably withheld. Comcast shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Comcast. IV. PAYMENT. A. Comcast shall reimburse the City for all costs incurred by the City in performing the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by the Project contractor(s), all Comcast requested changes, and Comcast's cost share of the City services described in Paragraph III (A) herein. B. All payments shall be due from Comcast to the City within forty five (45) days after receipt by Comcast of said sums billed to Comcast. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. Pacific Highway South HOV Lanes Phase IV Page 2 2009 _� V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Comcast, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOI to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOI. B. Comcast agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOI to the extent caused by the negligent acts, errors or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOI. The provisions of this paragraph shall survive the expiration or termination of this LOI with respect to any event occurring prior to such expiration or termination. VI. DURATION. This LOI shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additionat periods of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to the performance of this LOI. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and Comcast's acceptance of the duct and vault system shall, in effect, transfer ownership of the duct and vault system to Comcast and Comcast shall thereafter be responsible for maintenance of such facilities. C. Comcast shall be required to obtain a Right of Way Permit to install cable in the new duct and vault system and to wreck out its obsolete aerial facilities. D. This LOI contains the entire written agreement of the Parties and supersedes all prior discussion. This LOI may be amended only in writing, signed by both Parties. E. Any provision of this LOI, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Pacific Highway South HOV Lanes Phase IV Page 3 2009 IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOI. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERA� WAY �'���dNa Brian J. ' on, City Manager/Police Chief 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 COMCAST CORPORATION �� �� Steve Taber, Vice President of Engineering 410 Valley AVE NW Suite 12-Bldg C Puyallup, WA 98371 (425)741-5781 � • APPROVED AS TO FORM: i�� Patricia A. Richardson, City Attorney ATTEST: � '� � li _� � �! •- .. � ��� Pacific Highway South HOV Lanes Phase IV Page 4 2009 Exhibit A Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road Spreadsheets for proportionate joint trench costs and for duct and vault costs. Pacific Highway South HOV Lanes Phase IV Page 5 2009 Exhibit B Estimated Costs Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH WORK ESTIMATED CONSTRUCTION COSTS Subtotal Construction Construction Contingency (10% of Construction Cost) Construction Management (12.5% of Construction Cost) ESTIMATED TOTAL CONSTRUCTION COST Project Administration (5% of Project Cost) TOTAL ESTIMATED COST $153,091.37 $15,309.14 $19,136.42 $187,536.93 $9,376.85 $196,913.77 Note: The LOI will be amended upon receipt of the /owest responsible bid. Costs presented are estimates on/y. Actua/ costs incurred will be used to calcu/ate final cost of Comcast Joint Utility Trench Work for reimbursement to the City. K:\STREETS\PROJECTS\SR99 Phase IV�Utilities\Comcast\Letter of Understanding.doc Pacific Highway South HOV lanes Phase IV Page 6 2009 ClTY O� '�..., Federal Way Pacific Highway South HOV Lanes - Phase IV South 312th Street to Dash Point Road Construction Cost Estimate 100% Review Submittal September 28, 2009 KPG <r�,iii .,�,.���� No. Sect. Item Qty Unit Unit Cost Total SCHEDULE C - COMCAST UNDERGROUNDING I C1 ' Jnstall conduit 3 Inch Power and Communcation 7 900 LF $ 6.00 $ 47.400.00 � � — __ _ _ _ ___ _ _ _ _ _ _ _ i C2 + �.Install Handhole 253TA 6 EA _ �$ 400.00 $ 2,400.00 _. ---- - — --- -__. . . _-- --- -- C3 i Jnstall Handhole 3030LA 12 EA ', $ 200.00 $ 2,400.00 Sub total $ 52,200 SCHEDULE C- TOTAL ESTIMATEQ CONSTRUCTION COST $ 52 200 Sheet 1 of 1 Pacific Highway South HOV Lanes Phase IV Joint Utility Trench Costs Total # Total # % PSE �west Cmcst Conduit Conduit Share %of Begin End PSE 2" PSE 4" PSE PSE 6" Spare 4" 3" CFW 4" Thls in Trench of % of / of Traffc °ro of Str Exc % of Pit % of Gravel Thermal PI % ot / of HMA / of HMA Utiliry Station Sta[ion Conduit Condui� Spare 4" Conduit fi" Condult Conduit Conduit Utility Trench Length Trench Mobilization Control for U/G % of Shoring Run Sand Borrow BiF' % of CDF CSBC 1/2" 1" Notes Comcas[ 220 300 2 2 8 80 25% $162.08 $599.98 $930.69 $99.01 $294.06 $411.88 $247.52 $17.33 $44.88 $52.81 $49.50 Comcast 300 460 2 2 11 160 18% $23575 $87269 $1.35374 $144.01 $42772 $599.10 $360.04 $2520 $6529 $76.81 $7201 Comcast 6050 6200 0 1 150 0 % $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 460 620 2 2 12 160 17% $216.10 $799.97 $L.240.92 $132.01 $392.08 $549.17 $330.03 $23.10 �59.85 $70.41 $66.01 Comcast 620 620 1 1 5 100 20% $1fi2.08 $599.98 $930.69 $99.01 $294.06 $411.88 $247.52 $17.33 $44.88 $52.81 $49.50 Comcast 450 620 0 2 170 0% 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 comcasc eso sso o i ss oi $o.00 $o.00 $o.00 $o.00 $o.00 so.00 $o.00 $o.00 �o.00 $o.00 so.00 Gomcast 650 890 0 1 240 0% $0.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 620 75� 2 2 11 130 18% 5191.55 $709.06 $1.099.91 $117.01 $347.52 $486J7 $29253 $20.48 $53.05 $62.41 $58.51 Comcast 750 890 2 2 12 140 17% $189.09 $699.97 $1.085.81 $115.51 $343.07 $480.53 $288J8 $2021 $52.37 $61.61 $5776 Comcast 890 890 1 1 5 90 20% 3145.87 $539.98 $837.62 $89.11 $264.65 $370.69 $222J7 $15.59 $40.40 $47.52 $44.55 Comcast 890 970 2 2 15 80 13% $86.44 $319.99 $496.3? $5281 $156.83 $219.67 $13201 $9.24 $23.94 $28.16 $26.40 Comcast 970 1120 2 2 15 150 13% �162.08 $599.98 $930.69 $99.01 $294.06 $411.88 $247.52 $17.33 $44.88 $52.81 $49.50 Comcast iizo nzo � > >2 es a o $szao gziz.as $3zs.sz $35.07 $�oa.�s �ias.e� $a�.s� ge.ia g�s.so $ia.�o gnss comcasc ss�s ssso > > ia as si $zo.zs $�s.00 �iis.3a giz.3a Sas.�s $si.ae $so.sa $2.n gs.si $s.so 5s.is Comcast 6880 6915 0 5 35 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 1120 1500 0 4 380 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 1120 1150 3 3 30 30 10% $2431 $90.00 $139.60 $14.85 544.11 $6178 $37.13 $2.60 $6.73 $7.92 $7.43 Comcast 7050 7100 0 15 50 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 7100 7200 0 2 100 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 1150 1190 3 3 27 40 ll% $36.02 $133.33 $206.82 $22.00 $65.35 $91.53 $55.01 $3.85 $9.97 $11J3 $11.00 Comcast 1190 1365 2 2 12 175 17% 5236.36 $874.96 $1.35726 $144.39 $428.84 5600.66 $360.97 $25.27 $65.46 $77.01 $72.19 Gomcast 13fi5 1500 2 2 12 135 17% 5182.34 $674.9' $1.047.03 $111.39 $330.82 5463.37 $278.47 $19.49 $SO.W $59.41 $55.69 Gomcast 1500 1580 2 2 12 80 17% $108.05 $399.98 $620.46 $66.01 $196.04 $274.59 $165.02 $11.55 $29.92 $3520 $33.00 Comcast 1580 1675 2 2 13 95 15% $118.44 $438.44 $680.12 $72.35 $214.89 $300.99 $180.88 $12.66 $32.80 $38.59 $36.18 Comcast 1675 1820 2 2 14 145 14% $167.87 $621.40 $963.93 $102.55 $304.56 $426.59 $256.36 $17.95 $46.49 $54.69 $5L27 Comcast 1820 1900 2 2 14 80 14% $9262 $34284 $531.82 $56.58 $168.03 $235.36 $141.44 $9.90 $25.65 $30.17 $28.29 Comcast 8050 8150 0 1 100 0% S0.00 $0.00 50.00 $0.00 $0.00 ^�0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcas� 1900 2120 2 2 12 220 17% $297.14 $1.099.96 $1706.27 $181.52 $539.11 $755.12 $453.80 $31.77 $8229 $96.81 $90.76 Gomcast 2120 2120 1 1 5 110 20% $17828 $659.97 $1.02376 5108.91 $323.47 5453.07 $27228 319.06 549.37 $58.09 $54.46 Comcast 2120 2330 2 2 15 210 13% $226.91 $839.97 $1.302.97 5138.61 $411.68 5576.63 S346.53 $2426 $62.84 $73.93 $69.31 Comcast 2330 2400 0 12 70 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 Comcast 9050 9130 1 1 4 80 25% 5162.08 $599.98 $930.69 $99.01 $294.06 $411.88 $24752 $17.33 $44.88 $52.81 $49.50 Comcast 2400 2480 2 2 22 80 9% $58.94 $218.17 $338.43 $36.00 $106.93 $14977 $90.01 $6.30 $16.3Z $1920 $18.00 Comcast 9050 9080 0 4 30 0% $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 9080 9240 0 2 160 0% $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 6950 9050 1 1 25 100 4/ $32.42 $120.00 $186.14 $19.80 $58.81 $82.38 $49.50 $3.47 $8.98 $10.56 $9.90 comcas� esoo as5o o zs so o i So.00 $o.00 so.00 $o.00 $o.00 �o.00 $o.00 $o.00 $o.00 $o.00 $o.00 Comcast 8900 6900 0 12 50 0 % $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 8850 6900 0 10 50 0 % $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcasl 8700 8850 0 3 150 0 % $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Comcast 2480 2520 2 - 2 18 40 11 % $36.02 $133.33 $206.82 $22.00 565.35 $91.53 $55.01 $3.85 $9.97 $1173 $11.00 Comcast 2520 2675 2 2 11 155 18% $228.38 $845A2 $1311.43 $139.51 $414.36 $580.38 $348.78 $24.41 $6325 $74.41 $fi9J6 Comcast 2675 2950 2 2 11 275 18% 5405.19 51.499.94 $2.32673 $247.52 $735.15 $1.02970 $618.81 $43.32 $11221 $132.01 $123J6 Comcas[ 2950 3900 2 2 11 950 18% 51,399.�6 $5.181.61 $8.037.80 $855.09 $2,539.60 $3557.16 $2.137J1 $149.64 $387.64 $456.05 $42Z54 ProjectTotals � � 6.060 $S.fi19.80 $20,803.34 $32270.52 $3,433.03 $10.196.11 $14,281.42 $8,582.59 $60078 $1,556.31 $7,830.95 $1,776.52 ' Thermal Ruldlzed Backfill Is 100 % PSE Cost Mobllization =(Pro�em Mob X(U/G Bid Cos�Project Bid Cost - Mob)) Trathc Contml =(Toial TGS + To�al Flaggers & Spa�ters + Other TC Labor+ O�her TC Conhol + Sequential Arrow Slgn�(Through January 2011y3 SUBTOTAL COMCAST SHARE OF TRENCH COSTS $100,891.37 Canduit sweeps are not measured K:�STREETS'�.PROJECTS'�SR99 Phase N`�lltilities\JOint Trench Gosts Estimate Phase N