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AG 13-061RETURN TO: � �. � EXT: � � �� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / S�" f� e� S 2. ORIGINATING STAFF PER50N: �'f lG( v1 RO � P�`�S EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� � PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT O SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT �AG#�: ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: � � �l � � S � /'t c.� � c.� a� S t�J 3 3 (� -f-(,a S � ��t �E' (SC' f—�� O � _ � P /D � e (�f 2 �l� 1 � G. NAME OF C ADDRESS: _ E-MAiL:� SIGNATURE � S'�tu� �a�e�' �/�r/A � gGb 2 TELEPHONE: Z S3- P_ R$- %�3 Z Fn�c: -- s'�-eQ E TITLE: V P t-"� q� ti e e �r'ncr 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / H. TERM: COMMENCEMENT DATE: ✓' �- % I 1� COMPLETION DATE: N�%i 9. TOTAL COMPENSATION: $ S`7 (G C�j(e -� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: � l�U �D �`� I r� cq CtJ wi C Gi S� -i� f fi e I�M � u f� e in� 2 µ� r 10. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER �DEPUTY DIRECTOR �I DIRECTOR D rcv H�wze n1:.wsvwim !1� � nn+ .!+ . r-� c�cr�x�xrc uic.�-mia..� � LAW DEPT � �e uirec� 11. COUNCIL APPROVAL COMMITTEE / INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: ����/ � 12. CONTRACT SIGNATURE ROUTING -� Se�c� e Pwr �!-o COcu�ci i n� P�^mwc �- SeC no"�e be �v�-c� 2/ $ ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ��Z�i1 L'S DATE REC'D: `j/ I��l� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS '�AW DEPT � SIGNATOR (MAYO OR DIRECTOR� �h CITY CLE � ASSIGNED AG # L�SIGNED COPY RETURNED r'fa RETURN ONE ORIGINAL COMMENTS:✓ v IN�M AI L/ DATE SIGNED �L � � AG# J� -�9 � DATE SENT: .• Zi ' I 3 1/9 Return to: Attn: Brian Roberts City of Federal Way 33325 8�h Avenue S Federal Way, WA 98003-6325 LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE 21ST AVENUE SW AT SW 336T" STREET INTERSECTION IMPROVEMENTS PROJECT THIS LETTER OF UNDERSTANDING (this "LOU") is made and entered into this 'ot1 day of rYk,�e-l.� , 2013, 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 21S' Avenue SW at SW 336�' Street Intersection Improvements project (hereinafter "Project"); and WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance with Franchise 09-620, 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 facilities such as ducts, vaults, cables and pedestals within the Project area; and WHEREAS, In accordance with the Federal Way - Comcast Cable Franchise Agreement, Ordinance No. 09-620, if the City charges Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the "Joint Utility 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 ComcasYs proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: PRECONSTRUCTION ESTIMATE. The City's design Consultant will design and provide joint utility trench plans to insert into the project construction plans per the scope of work attached in EXHIBIT A-1. 21 St Ave SW at SW 336�h St Page 1 2013 Intersection Improvements Comcast's pro-rata share if the design labor cost is attached in EXHIBIT A-2. Exhibit A-3 is a good faith project cost estimate for Comcast's duct and vault installation. Exhibit A-5 is a good faith project cost estimate of Comcast's share of Joint Utility Trench Work. Costs are based on an engineer's estimate provided by CH2M Hill. 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 befinreen 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 services 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. 21 S� Ave SW at SW 336'h St Page 2 2013 Intersection Improvements 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. 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 LOU 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 LOU. 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 LOU to the extent caused by the negligent acts, errors or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOU. The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VI. DURATION. This LOU 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 additional periods of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to the performance of this LOU. 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 LOU contains the entire written agreement of the Parties and supersedes all prior discussion. This LOU may be amended only in writing, signed by both Parties. 21 S� Ave SW at SW 336`h St Page 3 2013 Intersection Improvements E. Any provision of this LOU, 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. 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 LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF EDERAL WAY Skip Pries , Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2410 AP ROVED AS TO FORM: �. Patricia ichardson, City Att rney ATTEST: � Carol McNeilly, CMC City Cle k COMCAST CORPORATION �� � Steve Taber, Vice President of Engineering 410 Valley AVE NW Suite 12-Bldg C Puyallup, WA 98371 (425)741-5781 21 S� Ave SW at SW 336�" St Page 4 2013 Intersection Improvements EXHIBIT A-1 215` Avenue SW at SW 336th Street Intersection Improvements Project City of Federal Way 215L Ave SW @ SW 336`h St/SW Campus Dr Intersection Improvement Project CH2M HILL, Inc. Scope of Work Amendment #4 Description: The City has directed the Consultant to incorporate a joint trench design into the plan set to accommodate relocation of Puget Sound Energy, Centurylink and COMCAST facilities. The facilities in question are located near the Dairy queen at the west end of the project on the south side and at the intersection of 21� Ave SW and SW 336th Street and extending east to 19th Ave SW. In addition trench crossings will be necessary on the north and east legs of the intersection. Scope: The Consultant will modify the current illumination plans (three (3) drawings) to illustrate the locations of the joint trench, utility vaults, handholes, closures and pedestals. The Consultant will revise the utility detail sheet (one (1) drawing) to include two (2) typical trench sections for the joint trench. The Consultant will modify the current staging plans (seven (7) drawings) to incorporate work necessary to construct the joint trench and install the facilities. The Consultant will review the relocation plans provided by the utility companies and use those as a basis for the location of the utility joint trench and facilities. Where conflicts are identified between the current design stormwater, illumination, and traffic signal equipment locations the Consultant will make adjustments to the utility company locations to avoid conflicts. Where significant modifications are identified the Consultant will alert the City prior to making revisions. The Consultant will develop a construction cost estimate for each utility company facility relocation that will include the construction costs for the joint trench and installation costs for the associated conduits, vaults, handholes, closures and pedestals. Quantities for conduits, vaults, handholes, closures and pedestals will be provided by each utility company for their facilities. The Consultant will incorporate the construction costs into the total project construction estimate and create three additional bid schedules (B, C, D) for the bid package. The Consultant will develop special provisions related to the relocation of the utility company facilities. Assumptions: Utility Company provided pothole data information is accurate and represents actual field conditions at the specific location measured. It is assumed that a straight line interpolation between data points best represents the horizontal and vertical location of facilities. The Utility companies were provided both existing and design basemaps for their use in their design. It is assumed that the utility companies have performed their own conflict review and the current locations of their planned facilities avoid significant conflicts with other design elements. In the event that significant conflicts are found additional design costs will be incurred. It is assumed that one round of review comments, consolidated comments from LUD and the City, will be incorporated into the design. The budget for this work is limited to the budget attached. Costs beyond this budget will be considered extra work. Deliverables: Revised plan sheets (eleven (11) sheets). Construction cost estimate per utility Revised total project Construction Cost Estimate Revised Bid Schedule Utility Relocation special provisions 21�` Avenue SW at SW 336`h Street Page 6 2013 Intersection Improvements Exhibit E-4: Joint Task Name��� Engineering CADD Quantities & Estimate Specifications Bid Schedule Project Management EX HIBIT A-2 21st Avenue SW at SW 336th Street Intersection Improvements Project Comcast Proportionate Share oflointTrench Design Cost :h;oesign. . : ° • :` �. �'``��,`,��:� < ,�.a Staff ,Na ,� Matt Johnson Guy Caley R� � � �}8i11��1� e" $ 198.35 $ 140.36 $ � �;a� ; s°�s ? �3 � . . � � �€..� �: o �� . «� �� Comcast pro 8 2 4 4 18 nd Chung Stephen Mak Kevin Whitehouse 124.02 $ 135.89 $ 106.86 20 8 201 28 share of Joint Utility Trench design cost: $15,118.90 X 35.8� _ $5,412.5� � �' � °� 4i� � Toital Hours 1 Total Cost 4 $ 5,759.64 4 $ 4,701.84 6 $ 2,673.92 2 $ 396.70 $ 793.40 4 $ 793.40 0 $ 15,118.90 21st Ave SW at SW 336th St Intersection Improvements Page 7 2013 EXHIBIT A-3 21st Avenue SW at SW 336th Street Intersection Improvements Project Attachment C BID SCHEDULE CITY OF FEDERAL WAY RFB # 13-103 BID SCHEDULE D -Comcast All unit prices in Bid Schedule D shall include applicable sales tax. NO. UNIT PRICE IN WORDS 9120 REMOVAL OF STRUCTURES AND OBSTF 9130 INSTALL 2" SCHEDULE 40 PVC CONDUIT 9140 INSTALL 4" SCHEDULE 40 PVC CONDUIT 9150 INSTALL VAULT SGlB 3048 9160 INSTALL VAULT SGLB 2436 QUANTITY LS � LF 1,062 LF 531 EA � E,q 1 TOTAL SCFIEDULE I (bid items include sales ta� 21 st Avenue SW at SW 336th SVeet Page 8 2013 Intersection Improvements Utdiry Vautt Cumcast co�� as� Comcast wye Com ast Comcas� sweep Com�as� asi ComcaSl CV7 Comcast Comcast JCT-W Comcas! JCT-E Comcas� AP Comcas� sweey Comcast CP3 Cumcasl Conicas� CV2 comcasl Con as� Con�casi JCT-E Comcast CP1 Gun as� Comcast EXHIBIT A-4 21st Avenue SW at SW 336th Street Intersection Improvements Project Total # Cmcst Cmcst Total R Condult 6egin End PSE 3" PSE 4" CLink 4" 2" 4" Conduit in Slabon 5[ation Conduit Condwt Condwt Conduit Conduil This Utiliry Trench 32685 32708 0 1 3270tl 72751 0 2 32751 32776 0 3 32776 32796 0 1 32776 32910 0 3 32910 32910 0 3 32910 32857 0 3 33517 37535 0 1 33535 37545 1 1 2 33545 1J572 1 1 3 33572 37625 1 1 5 33625 3J665 2 2 6 33665 33838 2 2 6 33876 3J838 I 4 7 338J8 37838 0 1 738J8 34013 2 2 2 33878 33872 0 1 20948 21026 1 1 1 27026 21090 1 1 3 21090 21216 2 2 4 12 21216 21227 0 12 21227 21234 0 4 Pmject Totals NOTES Condurt sweeps are not measwed Comcast pio0�onale share ol Jo�mt Utility Tiench�. 535,742.64/$99.781.18 = 35.8% Comcast Joint Utility Trench Costs Trench Length 23 43 25 20 134 25 57 18 10 27 5J 55 173 30 10 175 50 77 64 12fi ii � 1,209 %, Share ot % of % of Traf(c % of Sh Exc % of % o� Pi[ Run % of Gravel Trench Mobiliza�ion ConVOI for UIG Shoring Sand Borrow 0% $0.00 $0.00 $0.00 $0.00 $0.00 0% SO 00 $0 00 $0 00 50.00 SO 00 o'/ 50.00 $0.00 $0.00 50.00 50.00 0% $0.00 $0.00 $0.00 $0.00 $0.00 0% $0.00 $0.00 $0.00 $0.00 $0.00 o��� so.00 so.00 so.00 ao.00 so.00 0% $0.00 $0.00 $OOU $0.00 $0.00 o,o So.00 so.oa so.00 sa.00 so 00 50% $28.83 $80.10 $57.75 $31.04 $1J.59 S J3% $51.89 $151.39 592.43 555.87 $24.46 $1 20°/, $61.12 $178.30 $108.87 $65.80 $28.87 51 33/ $105.71 $308.38 $18829 $113.81 $49.83 $2 ]3% $332.50 $969.99 $59226 $J57.97 $156.74 $e 57/ $98.84 $288.3fi $17fi.07 $106.42 $46.59 S2 0% $0.00 $0.00 $0.00 $0.00 $D.00 100% $1.009.03 $2.943.63 $1,797.73 $1,086.33 $475.64 $2.ti 0% $0.00 $0.00 $0.00 $0.00 $0.00 100% $443.97 $1.295.20 $790.83 $477.99 i209.28 $1,1 33% $123.01 $558.84 $219.10 $13243 $57.98 $3 13% $242.17 5706.47 $4J1.36 $260.72 $114.15 S6 oi so.00 So.00 so.00 so.00 so.00 0 % $0.00 $0.00 $0.00 Y0.00 $0.00 52,487.06 57.28/.85 54,417.90 S2,6B8.37 31,177.08 $6,5 % ol HMA % ot CDF o of CSBC 1/2" Temp HMA Notes $0.00 $0.00 0 $0.00 $O.OU $0.00 so.00 so.00 so.ao so oa so.00 so.00 So.00 So 0o So.oa so 00 $0.00 $0.00 $0.00 $0.00 $0.00 Sa.00 So.00 30.0o sa.ao so.00 So 0o sa ao so 0o so.00 so.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 76.15 $75.19 $7.74 50.00 $45.08 37.06 $135.33 $1321 $0.00 $81.14 61 43 $159.39 $15.55 $0.00 $95.57 79.20 $275.68 $26.90 $0.00 $165.29 7821 3867.15 $84.6: $0.00 5519.97 61.07 5257.78 $25.15 Y0.00 5154.56 $0.00 $0.00 $0.00 $0.00 $0.00 65.10 $2,671.51 5256.78 50.00 51,577.75 $0.00 $0.00 $0.00 $0.00 $0.00 72.64 $1,157.87 $112.98 50.00 $694.21 24.89 $320.79 571.30 50.00 $192.34 39.62 $631.56 $fi1.6] $O.OG $37866 so.00 30.0o so.oa so.00 so.00 So.00 So.00 Sa.oa so.00 so.00 95.37 56,512.26 5675.16 50.00 33.901.I9 TOTAI COMCAST TRENCH COSTS 536,742.64 21 st Ave SW a� SW 336ih 5� Pege 9 Interseclion I mpruvements Z� � � Exhibit B Estimated Costs 21ST AVENUE SW AT SW 336T" STREET INTERSECTION IMPROVEMENTS PROJECT ESTIMATED CONSTRUCTION, PROJECT ADM/NISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR COMCAST JOINT UTILITY TRENCH WORK ESTIMATED DESIGN COST Labor - CH2M Hill ESTIMATED CONSTRUCTION COSTS Subtotal Construction Construction Contingency (10% of Construction Cost) Construction Management (12.5% of Construction Cost) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST Design Plus Construction Cost Project Administration (5% of Project Cost) TOTAL ESTIMATED COST 55,412.57 $44,786.64 $4,478.66 $5,598.33 $54,863.63 $60.276.20 $3,013.81 $63.290.01 Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented are estimates only. Actual costs incurred will be used to calculafe 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 21 s� Ave SW at SW 336�h St Page 8 2013 Intersection Improvements