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LUTC PKT 04-04-2016 Committee Members City Staff Kelly Maloney, Chair Marwan Salloum P.E., Public Works Director Lydia Assefa-Dawson, Member Shawna Upton, Administrative Assistant II Mark Koppang, Member 253-835-2703 City of Federal Way City Council Land Use/Transportation Committee April 4, 2016 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action or Info Council Date Time A. Approval of Minutes: March 7, 2016 Upton 3 Action N/A 5 min B. Marine Hills Stormwater Conveyance System Repair Phase 1 Thurlow 7 Action April 19, 2016 Consent 5 min C. Sacajawea Middle School Safe Routes to Schools (SRTS) – 85% Design Status Report and Authorization to Bid Mullen 11 Action April 19, 2016 Consent 5 min D. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project – Joint Construction Agreement with Puget Sound Energy (PSE) Chandra 13 Action April 19, 2016 Consent 5 min E. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project – Letter of Understanding with Comcast Chandra 21 Action April 19, 2016 Consent 5 min F. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project – Agreement for Joint Construction with CenturyLink Chandra 31 Action April 19, 2016 Consent 5 min 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, May 2, 2016 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURN This page left blank intentionally. 2 City of Federal Way City Council Land Use/Transportation Committee March 7, 2016 5:00 p.m . City Hall Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Kelly Maloney and Committee members Lydia Assefa-Dawson and Mark Koppang. Council members in attendance: Jeanne Burbidge and Susan Honda. Staff in Attendance: Public Works Director Marwan Salloum, City Attorney Amy Jo Pearsall, Surface Water Manager Theresa Thurlow, City Traffic Engineer Rick Perez, Street Systems Project Engineer Christine Mullen, Street Systems Engineer Jeff Huynh, Senior Traffic Engineer Erik Preston, Executive Assistant to Council Jeri-Lynn Clark, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair ,Maloney called the meeting to order at 5:00 PM. 2. PUBLIC COMMENT (3 minutes) Bob Woolley-He provided a handout to the Committee that he'd like them to read. He suggests revisions to the nuisance ordinance for private and public lakes. He would like to see the suggested revisions reviewed by legal. He feels this is a public matter that is important to the residents of Lake Jeane and they are trying to solve their problem. Phil Matonti -Vice President of Twin Lakes Golf and Country Club. Mr. Matonti stated he is speaking on behalf of the Club regarding Lake Jeane. He does not believe that the gentleman who spoke earlier is actually representing the home owners association of Twin Lakes. He indicated the cause of the problem in Lake Jeane has not been caused by the club and further noted that the problem is coming from external upstream sources of the prime nutrient for algae growth. The land under the lake is owned by the club but the water in the lake is owned by the state of Washington and there is no viable short-term treatment program for this complex problem. To his knowledge, toxic algae is not considered in any state law as a nuisance and inquired as to whether the City has applied a chemical treatment to one of the lakes it owns to prevent algae growth and wondered if there are any plans this year to do so. The Twin Lakes Golf and Country Club views any attempt in this regard to portray them as causing a nuisance to be completely without grounds. 3. COUNCIL BUSINESS Topic Title/Description A. Letter of Support to Restore MRSC Funding Ms. Pearsall gave a brief overview of the proposed letters of support for restoring funding to Municipal Research & Services Center (MRSC). MRSC is a valuable resource that all cities utilize. They have been in existence for 80 years and provide training, databases and a wealth of resources to cities. The current proposal to cut funding is so drastic that they may no longer be able to exist. Councilmember Honda stated that MRSC is very important to elected officials in the City as well as the entire state. She finds the letter acceptable and would like to pass the letter on to the Senate. Council forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Koppang Passed: Unanimously, 5-0 Forward to Council N/A Committee Members Kelly Maloney, Member Lydia Assefa-Dawson, Member 3 City Staff Marwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 4. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: February 1, 2016 B. c. D. Committee approved the February 1, 2016, LUTC minutes as presented. Moved: Koppang Seconded: Assefa-Dawson Passed: Unanimously, 3-0 2016 NPDES Annual report Submittal Ms. Thurlow presented information on this topic noting that this permit allows the City to discharge stormwater into local surface waters such as Puget Sound. As a condition of this permit, the City is required to implement programs and activities to prevent stormwater pollution. Those permit-related programs are public education and outreach, pollution detection and elimination program, program to control construction site runoff, operations and maintenance program and a monitoring and assessment program. She provided further details about each of the specific programs. Ms. Thurlow further noted that under the low impact development program, the region as a whole is trying to shift to low impact development as a preferred stormwater management strategy. Under our permit, staff has to review the development codes by the end of the year to ensure there are no barriers to low impact development. An annual report is required each year summarizing the city's compliance with the permit. The report has been prepared and must be submitted to the Department of Ecology by March 31, 2016. A discussion was held regarding low impact development requirements, costs, and potential challenges as well as long-term benefits and maintenance options. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Koppang Passed: Unanimously, 3-0 2016 Asphalt Overlay Project -Bid Award Mr. Huynh presented background on this project noting that four bids were opened on February 24, 2016 and the lowest responsive, responsible bidder is Tucci and Sons, Inc. with a total bid of $1,758,709.52. He further provided available funding sources, a breakdown of estimated expenditures for each of the schedules and total estimated project costs. A budget shortfall exists. In order to meet budget costs, staff recommends removing Schedule E from the project. Staff further recommends awarding Schedules A-D, a 1i% contingency and other project related costs. A brief discussion was held regarding Schedule E, contingency amount, whether Schedule E would be able to be added back in if funds are available and estimated project start and end dates. Committee forwarded Option #1 as presented. Moved: Koppang Seconded: Assefa-Dawson Passed: Unanimously, 3-0 S 304th Street at 28t h Ave S Intersection Improvements -Project Acceptance Ms. Mullen stated this project constructed a traffic signal and northbound right turn lane at the intersection as well as sidewalk improvements on the east side of 28th Ave S and around the southeast corner of the intersection. Prior to release of retainage on a Public Works Project, the City Council must accept the work as complete to meet the State Department of Revenue and State Department of Labor and Industries requirements. She mentioned the project came in below the approved budget amount. She showed before Forward to Council N/A March 15, 2016 Consent March 15, 2016 Consent March 15, 2016 Consent Committee Members Kelly Maloney, Member Lydia Assefa-Dawson, Member 4 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 E. F. G. and after pictures of the project area. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Koppang Passed: Unanimously, 3-0 Grant Funding for Transportation Improvement Projects -Authorization to Submit Applications Mr. Perez stated Washington State Department of Transportation (WSDOT) issued a call for projects for the federally funded Safe Routes to School Program and the state funded Pedestrian and Bicycle Safety Program. Staff reviewed potential projects with state staff to select the strongest potential projects. He provided details on the three potential projects submitted including proposed city match amounts. Conversation continued regarding the process for working with homeowners who may be impacted by projects and proposed city match amounts. Committee forwarded Option #1 to the business agenda. Moved: Koppang Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Olympic View '15 NTS -26th Ave SW (SW 328th St to SW 334th St) Mr. Preston provided a map to illustrate the area in which traffic calming measures are being proposed. A petition was submitted over concerns of excess speeding and collisions. He outlined the criteria used in determining the amount of severity points scored in this area based on the data obtained. A neighborhood meeting was held to determine the traffic calming devices desired by the residents, however those options exceed the per neighborhood budget amount so the options were modified to include four speed humps. Committee forwarded Option #1 as presented. Moved: Koppang Seconded: Assefa-Dawson Passed: Unanimously, 3-0 2016-2017 Neighborhood Traffic Safety (NTS) Program -Bid Award Mr. Preston indicated staff advertised for a bid on a two year contract for these services. Two bids were received were received and opened on February 12, 2016 and the lowest responsive, responsible bidder is Tony Lind Paving, LLC. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Koppang Passed: Unanimously, 3-0 5. OTHER 6. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, April 4, 2016 at 5:00 p.m. in City Hall Council Chambers. 7. ADJOURN The meeting adjourned at 5:57 PM. Attest: March 15, 2016 Consent March 15, 2016 Consent March 15, 2016 Consent Shawna Upton, Administrative Assistant II COMMITTEE APPROVAL: Kelly Maloney, Chair Committee Members Kelly Maloney, Member Lydia Assefa -Dawson, Member Lydia Assefa-Dawson, Member 5 Mark Koppang, Member City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 This page left blank intentionally. 6 COUNCIL MEETING DATE: April 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL -=====- SUBJECT: MARINE HILLS STORMWATER CONVEYANCE SYSTEM REPAIR PHASE I -85% DESIGN UPDATE AND AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize staff to bid Marine Hills Stormwater Conveyance System Repair -Phase I project and return to LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: cgj Consent O Ordinance O Public Hearing O City Council Business O Resolution O Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manag er~ DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated April 4, 2016 Options Considered: 1. Authorize staff to bid Marine Hills Storm water Conveyance System Repair Phase I project and return to LUTC and Council for award the project to the lowest responsive, responsible bidder. 2. Do no authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase I project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the April 19, 2016 City Council consent agenda for approval. CHIEF OF STAFF: Council [nitia VDate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 19, 2016 City Council consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawsoo , Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "/ move to authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phas e I project and return to LUTC and Council for award the project to the lowest responsive, responsible bidder " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: O APPROVED O DENIED O TAB LED/DEFERRED/NO ACTION O MOVED TO SECOND READING (ordinances only) REVISED -l /2015 7 COUNCIL BILL# 18T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: April 4, 2016 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor , t\ _ Marwan Salloum, P.E., Public Works Director ~ Theresa Thurlow, P.E., SWM Manager jyr-, SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase 1 -85% Design Status Report and authorization to bid. BACKGROUND: This project will repair deteriorated stormwater pipes and structures in the Marine Hills subdivision using a cured in place pipe (CIPP) repair system. As a large percentage of deterioriated pipe has retained its original circumference with aligned contiguous joints, staff determined that this non-invasive method of repair would provide needed structural repairs without reducing current capacity while avoiding costly open trench repairs. In November 2015, staff determined that there was enough funding to combine Phase I, (all work north of S 293'd street) and Phase II (all work south S 293'd). In December, Council approved this change to the SWM CIP. However, during design and after completion of the video inspections for the storm drainage system in Marine Hills, staff determined that ten locations will require open cut replacement on some sections of the pipe due to either extreme deformation of the pipe wall or an offset joint. Both of these conditions impact pipe continuity and must be corrected before CIPP installation can occur. Consultation with various CIPP installation contractors confirmed that these types of repairs are usually done in advance of a CIPP contract. As a result, SWM is proposing to split the Marine Hills Stormwater Conveyance System Repair into two contracts entitled phase I and phase II. Phase I will repair nine of the identified locations using an open cut method starting August 2016 and Phase II will be the installation of the CIPP spring 201 or as soon as weather allows. (A portion of pipe under location 10 required repair in March due to deteriorating conditions.) The following provides a brief synopsis of the progress on this project to date. The project design is approximately 85% complete, which includes the following completed tasks: • Video inspection to identify and map deteriorated pipes and structures • Economic and structural analysis for two different repair methods: open cut replacement or cured-in-place-pipe (CIPP) repair • Pipe survey • Pipe hydraulic capacity analysis • Project design Plan, Specifications and Cost Estimate (PS&E) -85% Ongoing Tasks Include : • Contract PS&E to 100%. 8 April 4, 2016 Land Use and Transportation Committee Marine Hills Stormwater Conveyance System Repair Phase I Project -85% Design Status Report Page2 PROJECT ESTIMATED EXPENDITURES: In house Design Consultant Survey 2016 Construction Cost Phase 1 Emergency Repair of Location 10 10% Construction Contingency In house Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Phase I KCFCD Opportunity Fund 2016 TOTAL AVAILABLE BUDGET cc: Project File Day File $0 $13,439 $158,000 $20,000 $15,800 $0 $207,239 $985,000 $350,195 $1,335,195 9 This page left blank intentionally. 10 COUNCIL MEETING DATE: April 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Sacajawea Middle School Safe Route to School (SRTS) -85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the Sacajawea Middle School Safe Route to School (SRTS) Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: IZJ Consent O Ordinance O Public Hearing O City Council Business O Resolution O Other Attachments: Land Use and Transportation Committee memorandum dated April 4, 2016. Options Considered: 1. Authorize staff to bid the Sacajawea Middle School Safe Route to School (SRTS) Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this ro'ect and rovide direction to staff. ~~~~~~~~~~--~~~~~~~~~ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2016 City Council Consent Agenda for a_ppro al. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 19, 2016 City Council consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "/ move to authorize staff to bid the Sacajawea Middle School Safe Route to School (SRTS) Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: O APPROVED D DENlED O TAB LED/DEFERRED/NO ACTION O MOVED TO SECOND READING (ordinances only) REVISED-08/12/2010 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# k:\council \agdbills\2016\04-19-16 Sacajawea Middle School Safe Route to School (SRTS) Project -85% Design Status Report 11 CITY OF FEDERAL WAY MEMORANDUM DATE: April4,2016 TO: Land Use and Transportation Committee VIA: FROM: Jim Ferrell, Mayor \ \ . Marwan Salloum, P.E., Public Works Director ~ Christine Mullen, P.E., Street Systems Project Enginee '\ SUBJECT: Sacajawea Middle School Safe Route to School (SRTS) -5% Design Status Report and Authorization to Bid BACKGROUND: This project provides an 8 ft. sidewalk and bicycle lane on the south side of Dash Point Rd from the existing improvements at Redondo Way S to the entrance to Sacajawea Middle School; providing a planter strip separating the sidewalk and roadway, illumination, and ADA ramps. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Topographical Surveys • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • Final Approval of NEPA and 4(t) Documentation Ongoing Tasks Include: • Final Contract Specifications • Project Design to 100% • Construction Funds Obligation PROJECT ESTIMATED EXPENDITURES: Design 2016 Construction Cost 10% Construction Contingency 15% Construction Management TOT AL PROJECT COSTS AVAILABLE FUNDING: SRTS Grant (Federal) Budgeted City Funds in 2015 TOT AL AVAILABLE BUDGET $300,000 960,000 96,000 144,000 $1,500,000 $1,200,000 $300,000 $1,500,000 The project is within available budget and staff anticipates bidding the project in June 2016. Construction is anticipated to commence in August 2016 with an estimated substantial completion date in November 2016. 12 COUNCIL MEETING DATE: April 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 3591h Street) Project-Joint Construction Agreement with Puget Sound Energy. POLICY QUESTION: Should the Council approve Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project-Agreement for Joint Construction with Puget Sound Energy? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: April 4, 2016 D D Public Hearing Other STAFF REPORT BY: NA VEEN CHANDRA, p .E. Street Sy terns Project Ei~.ginee DEPT: Public Works Attachments: I. Land Use and Transportation Committee memorandum dated April 4, 2016 2. Joint Construction Agreement with Puget Sound Energy (PSE) Options Considered: 1. Authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project. 2. Do not authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th ____ S_tr_ee_t) Proj_ec_t_. _ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the April 19, 2 6 City Council Consent Agenda for approval. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 19, 2016 consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "/ move approval of the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 35911' Street) Project -Joint Construction Agreement with Puget Sound Energy effective April 19, 2016 and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: O APPROVED D DENIED O TABLED/DEFERRED/NO ACTION O MOVED TO SECOND READING (ordi nances on ly) REVISED-l /2015 13 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: April 4, 2016 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor t . Marwan Salloum, P.E., Public Works Director ~" n~_./ Naveen Chandra, P.E., Street Systems Project Engineer ~ Pacific Highway South HOV Lanes Phase V Project (S340th Street to S 359th Street); Joint Construction Agreement with Puget Sound Energy (PSE) BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 3401h Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. PSE owned gas main , which is obsolete needs to be removed and gas utility valves needs to be adjusted to final grade as part of the project. PSE will reimburse the City for having the City's contractor to remove the obsolete gas main and adjusting the gas utility valves. A separate bid schedule will be included in the project bid documents for the costs associated with removal of PSE's obsolete gas main and adjusting gas utility values. Per the attached agreement, PSE will reimburse the City for all costs associated with removal of PSE's obsolete gas main and adjusting gas utility values. The total estimated cost which PSE will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities. The attached Joint Construction Agreement shows the methodology used to calculate the costs to be billed to PSE. 14 JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 340TH STREET TO SOUTH 359 TH STREET) THIS AGREEMENT is made and entered into this __ day of . 2016, by and between the City of Federal Way (hereinafter "City") and Puget Sound Energy (hereinafter "PSE"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 340th Street to 359TH Street) (hereinafter "Project"); and WHEREAS, PSE provides natural gas service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, PSE will be required to relocate certain gas mains in conflict with project facilities within the Project area; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for the removal of the obsolete gas mains in conflict with the Project (hereinafter "PSE Work"), providing construction management services , and providing Project administration in support thereof; NOW. THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. GAS MAIN RELOCATION. PSE agrees to perform predesign/design and construction work for the relocation of its facilities that are in conflict with Project facilities. PSE shall provide the City all drawings necessary to acquire a right of way permit and reloca te its gas mains out of the conflict zones . PSE shall provide as-constructed record drawings of both the relocated mains and the obsolete mains within 20 days of completion of PSE Work. PSE shall provide preliminary location data within one week of Agreement execution. The record drawings shall show the vertical and horizontal location of the relocated and obsolete facilities within the Project area using a minimum scale of one inch equals one hundred feet (1" = 100 '), measured from the centerline of the right of way and of a form which shall be acceptable to the City. Pacific Highway South HOV Lanes Phase V Page 1 February 2016 15 II. BIDDING AND CONSTRUCTION FOR OBSOLETE MAIN REMOVAL. It is the intention of the City and PSE that the PSE obsolete mains shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow identification of the PSE Work to be performed by the City on behalf of PSE. Ill. CONTRACT ADMINISTRATION. A The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all actual costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE requested changes, and PSE's cost of the City services described in Paragraph Ill (a) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after approval by the PS E's Municipal Liaison Manager or his/her designee of said sums billed to PSE. 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 PSE, 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 Agreement 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 Agreement. B. PSE 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 Agreement to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this Agreement. Pacific Highway South HOV Lanes Phase V Page 2 February 2016 16 The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement 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 PSE. VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work for the project. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C . Any provision of this Agreement, 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 Agreement. Pacific Highway South HOV Lanes Phase V Page 3 February 2016 17 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063-6325 (253) 835-2401 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, City Clerk Pacific Highway South HOV Lanes Phase V Page 4 18 PUGET SOUND ENERGY Thomas M Brobst Municipal Liaison Manager Olympic Region 6522 Kitsap Way KSP-SVC Bremerton, WA 98312 (360) 475-7020 APPROVED AS TO FORM: Puget Sound Energy General Counsel February 2016 Exhibit A Estimated Costs Pacific Highway South HOV Lanes Phase V EST/MA TED CONSTRUCT/ON, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS OBSOLETE UTILITY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Design Cost (KPG, Inc.) Construction Item Mobilization, Traffic Control, TESC Remove Gas Main Adjust Gas Utility Valve to Grade Gravel Borrow Construction Subtotal 10% Construction Contingency 1 .5% Construction Management Estimated Construction Total Quantity 1 621 19 255 Estimated Project Total (Design+ Construction) 5% Project administration Project Total NOTES Unit -Unit Price LS $5 ,51.82 LF $10.00 EA $400.00 TN $18.00 $2,911 .49 Total $5,320.20 $6,210.00 $7,600.00 $3,924.00 $23,054.20 $2,305.42 $3,458.13 $28,817.75 $31,729.24 $1,586.46 $33.315.71 **Mobilization, Traffic Control, TESC is estimated at 30% of other items. **Remove Gas Main includes excavation, removal and disposal of pipe and backfill with original trench backfill if approved. **Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. K :ISTREETS\PROJECTS\SR99 Phase V\Utilities\PSE -GAS\Joint Construction Agreement PSE Gas-21216 .doc Pacific Highway South HOV Lanes Phase V Page 5 February 2016 19 This page left blank intentionally. 20 COUNCIL MEETING DATE: April 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project-Letter of Understanding with Comcast. POLICY QUESTION: Should the Council approve Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project-Agreement for Joint Construction with Comcast? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4 , 2016 CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business D Resolution O Other STAFF REPORT BY: NA VEEN CHANDRA, P .E., Street Systems Project Enginee~;PT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated April 4, 2016 2. Letter of Understanding with Comcast. Options Considered: 1. Authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and with Comcast for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 3591h Street) Project. 2. Do not authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and with Comcast for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2016 City. Council Consent Agenda for approval. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 19, 2016 consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "/ move approval of the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 35CJ" Street) Project-letter of Understanding with Comcast effective April 19, 2016 and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: O APPROVED D DENIED O TABLED/DEFERRED/NO ACTION O MOVED TO SECOND READING (ordinances on ly) REVISED-1/2015 21 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: April 4, 2016 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director • a ~ Naveen Chandra, P.E., Street Systems Project Engineer ~ Pacific Highway South HOV Lanes Phase V (S340th Street to S 3591 h Street) Project; Letter of Understanding with Comcast BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 3401h Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. The City has required Comcast to relocate aerial facilities in to an underground duct and vault system . Comcast will reimburse the City for having the City's contractor to install conduit and vaults supplied by Comcast as part of Joint Utility Trench of the project. A separate bid schedule will be included in the project bid documents for the costs associated with the Comcast part of Joint Utility Trench of the project. Per the attached Letter of Understanding, Comcast will reimburse the City for all costs associated with the Comcast part of the Joint Utility Trench for the project. The total estimated cost which Comcast will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities of work completed. The attached Letter of Understanding shows the methodology used to calculate the costs to be billed to Comcast. 22 LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 344th STREET TO South 359th STREET) THIS LETTER OF UNDERSTANDING (this "LOU") is made and entered into this __ day of ------·• 2016, by and between the City of Federal Way (hereinafter "City") and Comcast Cable Communication, Inc . (hereinafter "Comcast"), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 344th Street to South 359th Street) (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 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. 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 Comcast's proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows : I. 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 consultant, KPG, Inc. Exhibit B is a good faith total project cost based on an estimate of Comcast's share of project administrative costs. II. 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 Pacific Highway South HOV Lanes Phase V Page 1 2016 23 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, new Exhibits with actual accepted bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Comcast Joint Utility Trench Work. The new Exhibits 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. Ill. CONTRACT ADMJNISTRATION. 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 Public Works 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 Public Works 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. Comcast's 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 Ill (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. 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, Pacific Highway South HOV Lanes Phase V Page 2 2016 24 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. Comcast shall take ownership of duct and vault system following completion of the construction and acceptance of duct and vault system. Comcast shall be responsible for maintenance of duct and vault system after the transfer of ownership of the duct and vault system. 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. 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 FEDERAL WAY Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063-6325 (253) 835-2401 Pacific Highway South HOV Lanes Phase V Page 3 25 COMCAST CORPORATION 4020 Auburn Way N Auburn, WA 98002 (253) 288-7456 2016 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, City Clerk Pacific Highway South HOV Lanes Phase V Page4 2016 26 No. Sect. I Exhibit "A" Estimated Costs-Conduit, Vautt and Pedestals Pacific Highway South HOV Lanes Phase V South 344th Street to South 359th Street Item Qty l Unit [ Unit Cost SCHEDULE C • COMCAS T UNDERGROUNDING C1 8-32 Install Conduit 2 In 120 ·-LF s 3.00 ·--8-32 I Install Conduit 4 In . j 1;·100 : LF $ 4.00 C2 -C3 8-32 I Install Vault SG LB 2436 EA $ 1.000.00 I C4 8-32 : Install Vault SGLB 3048 14 EA s 1.000.00 832 Install Pedestal I ~ EA $ 500.00 C6 1-04 I Unexnected Site Chanaes EST I $ 5 .000.00 I $ s --i .-.. .,_ s $ $ I C5 I Schedule C Cost s Pacific Highway South HOV Lanes Phase V Page 5 27 Total I 360.00 60.400.00 12.000.00 14.000.00 4 ,000.00 5,000.00 95.760 2016 Exhibit "A" Estimated Costs Pacific Highway South HOV Lanes Phase V Joint Utility Trench ·COMCAST Total# Total# % PSE Cmcst Cmcst Conduit Conduit Share PSE 2" PSE 3" PSE 4" PSE 6" Spare Clink 4~ 2" 4" CFW 4" This in Trench of %of % of Traffic % of Str Exe % of Pit Run % of Gravel %ofHMA Utility Section Begin End Conduil Conduit Conduit Conduit 6" Conduit Conduit Conduit Condu il Utility Trench Length Trench Mobrnzation Control forU/G % of Shori ng Sand Borrow % ofCDF %ofCSBC 112~ %ofHMA 1" TempHMA Notes Comcast 0 44 3 3 9 44 33% $164 30 $566 72 $847 60 S129 60 $262 19 $512 63 $129 79 S73 32 $306 92 $383 71 $3894 Comcast 0 176 3 ' 9 176 33% $657 19 $2,266 89 $3,390 41 $516 42 S1,04B 77 $2,050 51 $51917 S293 28 $1,227 69 $1,534 63 $15575 Comcast 0 114 1 3 4 10 114 40% $51081 $1,761 99 $2,635 28 $402 95 $815 18 $1,593 BO $403 54 $227 96 $954 25 $1,192 98 $121 06 Comcast a 62 4 ~ 14 62 29% $198 44 $684 48 $1,023 73 $156 53 $316 67 $61915 $156 76 $88 56 $370 70 $463 44 $47 03 Comcast a 85 • • 14 100 29% $320 06 $1 ,10400 $1 ,65118 $252 48 $510 77 $998 62 $252 84 $142 83 $597 90 $747 46 $75 85 Comcast 0 346 2 2 14 346 14% $553 70 $1,90993 $2,856 53 $436 78 $883 63 $1 ,72762 $437 42 $247 10 $1 ,034 37 $1 ,293 15 $131 23 Comcast 0 40 2 2 14 55 14% $8802 $303 60 $454 07 $6943 $140 46 $274 62 $69 SJ $39 28 $16.tl 42 $205 56 $20 86 Comcast a 293 3 J 15 293 20% $656 44 $2,264 31 $3,366 56 $517 83 $1,04758 $2,048 18 $518 58 $292 95 $1,226 30 $1,533 09 $155 SB Comcast a 89 3 3 15 89 20% $199 40 $687 79 $1,028 68 $157 29 $31821 $622 14 $157 52 SBB 98 $372 49 $465 68 $47 26 Comcast 0 147 3 3 14 147 21% $352 66 $1 ,21716 $1,82042 $278 35 $563 12 $1,100 98 $278 76 $157 47 S659 19 $824 10 $83 63 Comcast 0 1317 2 2 12 90 17% $16803 SS7960 $866 87 $132 55 $268 15 $524 28 $132 74 $74 99 $313 90 S392 43 $3982 Comcast 0 100 3 3 13 100 23% $258 51 $891 70 $1.333 64 $203 92 $412 54 $806 58 $204 22 $115 36 5482 92 $603 74 $61 27 Comcast 0 205 2 2 14 205 14% $328 06 $1,131 60 $1,692 46 $258 79 $523 54 $1,023 59 $259 17 $146 40 $612 85 $766 17 $77 75 Comcasl 0 208 1 2 9 BS 22% $21159 $729 87 $1,091.61 $166 91 $337 67 $660 20 $16716 $94 43 $395 28 $49417 $50 15 Corneas! 0 95 2 2 4 95 50% $532 10 $1 ,835 41 $2,745 OB $419 74 $84915 $1,660 21 $420 35 $237 46 $994 01 $1,24269 $126 11 Comcasl 0 122 0 9 122 0% $000 sooo $000 $000 $0 00 $000 $000 $000 sooo $000 so 00 Comcast a 76 , I 12 76 8% $70 95 $244 72 $366 01 $55 97 $113 22 $221 36 $56 OS !31 66 $13253 $165 69 $16 81 Comcast 0 139 2 2 16 139 13% $194 64 $671 37 $1,00412 $15354 $310 61 $607 29 $153.76 $86 86 $363 60 $454 56 $46 13 Comcast 0 163 2 2 13 163 15% $280 91 $968 98 $1,44922 $221 60 $448 30 $876 49 $221 92 $125 38 $524 77 $656 06 $66 58 Comcast 0 387 2 2 10 387 20% $667 04 $2,990 75 $4,473 04 $683 96 $1,383 67 $2,705 27 $684 96 $366 93 $1,619 71 $2,024 93 $205 49 Comcast 0 289 2 2 12 289 17% $539 57 $1,86117 $2,783 61 $42563 $861 07 $1 ,68351 $42625 $240 79 $1 ,007 96 $1 ,260 13 s121 aa Comcast 0 124 3 3 13 124 23% $320 55 $1,105 70 $1,653 72 $252 66 $511 55 $1,00016 $253 23 $143 05 $598 82 $748 63 $75 97 Comcast 0 75 2 ,: 12 75 17% $140 03 $483 00 $722 39 $11046 $223 46 $436 90 $110 62 $62 49 $261 58 $327 02 $33 19 Comcast 0 431 2 2 13 431 15% $742 78 $2,562 14 $3,832 00 $585 94 $1,185 37 $2,317 SB $566 79 $331 48 $1,38759 $1,734 74 $176 04 Comcast 0 224 3 3 11 224 27% $684 34 $2,360,56 $3,530 51 $539 84 $1,092 11 $2 ,135 24 $540 63 $305 40 $1,276 42 $1,598 26 $162 19 Comcast a 164 2 2 B 164 25% $459 28 $1,584 24 $2,369 44 $362 30 $732 95 $1 ,433 OJ $362 83 $204 96 $857 99 $1 ,072 64 510385 Comcast a 286 3 3 7 286 43% $1,373 05 $4,736 17 $7,083 54 $1,08312 $2,19119 $4,284 10 $1,08470 $612 75 $2,565 00 $3,206 71 $325 41 Comcast 0 508 I 1 3 508 33% $1,896 88 $6,543.06 $9,785.97 $1,496 34 $3,027 14 $5,918 51 $1,498 53 $846 52 $3,543 56 $4,430 09 $449 56 Comcast a 182 1 , 4 182 25% $509 69 51,75813 $2,629 50 $402 07 $813 40 $1,590 31 $402.65 $227 46 $952 16 $1,19037 $120 BO Comcast a 87 , 1 5 110 20% $246 45 $850 OB $1,27141 $194 41 $393 29 $768 94 $194 69 $109 96 $460 38 $575 56 S5B 41 Ccmc;;o~ 0 369 1 -1 11 369 9'f, s,1s 111 Sl,2ll6 20 SJ ,93883 $296 4 $ $511969 5 1,172 48 S:2!HS86 S11!7 70 S701,99 S877 61 589,06 P,ojoic,T ..... ---,,,!Kt St.1.001 .. t,,17.~t 1: ,,., .,,r .n s,,1Mo;, tr.'"' ff' ;,1 )141'-$10Qlft;>Oit \I lff'j ,, J.1' i,,,V ... , . .,,,.,, '-'~~Us~ ~ T~.il Fluidized S.Ckflll ia 100% PSE Coat ~li1.itior. = (Projc11:t Mal. lnclucl.n; Field Office X (UIG Bid Co,tJProJect Bk! Cost -Mob lnc:lud!ng Flok1 Offlc11)) Tmfic Control• (Tot•I TCS + Tot•I F/tggan & SpotNn + Olhe!TC Ubor + Othef'Twnt) TmfK: Conb'ol + C001truc;tton Slss+SequentialArrow S)gn+PCMS.c)ptrationol PCMS+Off-Outy Uniformed Polle• OffkW)t& Conduit sweeps are not measured but will be Included in the final billing TOTAL TRENCH COSTS $289,011 Pacific Highway South HOV Lanes Phase V Page 6 2015 Exhibit "B" Estimated Costs Pacific Highway South HOV Lanes Phase V South 344fh Street to South 35gtt, Street ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCT/ON MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH (JUT) WORK ESTIMATED DESIGN COSTS for JUT Labor-KPG Inc ESTIMATED CONSTRUCTION COSTS Conduit and Vault-Schedule "C" Cost (Exhibit "A") Share of Joint Utility Trench Estimated Costs (Exhibit "A") Subtotal Construction Construction Contingency (10% of Construction Cost) Construction Management (15% of Construction Cost) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COSTS (Design and Project Cost) Project Administration (5% of Project Cost) TOTAL ESTIMATED COST $18,601.00 $95,760.00 $289,011.00 $384, 771.00 $38,477.10 $57,715 .65 $480,963. 75 $499,564.75 $24,978.23 $524.542.98 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 calculate final cost of Comcast Joint Utility Trench Work for reimbursement to the City. K:ISTREETSIPROJECTSISR99 Phase V\UUlilles\JLJnComcasl\Finallletter of Understanding -<Jpdate-2-4-16-Final .doc Pacific Highway South HOV Lanes Phase V Page 7 2016 29 This page left blank intentionally. 30 COUNCIL MEETING DATE: April 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 3591h Street) Project-Agreement for Joint Construction with CenturyLink. POLICY QUESTION: Should the Council approve Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project-Agreement for Joint Construction with CenturyLink? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: ~ Consent O Ordinance D Public Hearing O City Council Business O Resolution D Other STAFF REPORT BY: NA VEEN CHANDRA, P.E., Street Systems Project Engineer ~PT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated April 4, 2016 2. Agreement for Joint Construction with CenturyLink Options Considered: 1. Authorize the Mayor to execute the Agreement for Joint Construction between the City of Federal Way and CenturyLink for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project. 2. Do not authorize the Mayor to execute the Agreement for Joint Construction between the City of Federal Way and CenturyLink for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2016 City Council Consent Agenda for a pprov al . CHIEF OF STAFF: Counc il lnitial/Dntc COMMITTEE RECOMMENDATION: I move to forward th e proposed Agreement to the April 19, 2016 consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "I move approval of th e Pacific Highway South HOV Lanes Phase V (S 340th Street to S 351" Street) Project -Agreement for Joint Construction with CenturyLink effective April 19, 2016 and authorize th e Mayor to sign said agre ement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION : O APPROVED O DENIED O T ABLED/DEFERRED!NO ACTION O MOVED TO SECOND READING (ordinances only) REVISED -l/2015 31 COUNCIL BILL # 15T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: April 4, 2016 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor • \ ,... , Marwan Salloum, P.E., Public: Works Director~ __.., Naveen Chandra, P.E., Street Systems Project Engineer ~ Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project; Agreement for Joint Construction with CenturyLink BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 340th Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. The City has required CenturyLink to relocate aerial facilities in to an underground duct and vault system. CenturyLink will reimburse the City for having the City's contractor to install conduit and vaults supplied by CenturyLink as part of Joint Utility Trench of the project. A separate bid schedule will be included in the project bid documents for the costs associated with the Century Link part of Joint Utility Trench of the project. Per the attached Agreement for Joint Construction, CenturyLink will reimburse the City for all costs associated with the CenturyLink part of the Joint Utility Trench for the project. The total estimated cost which CenturyLink will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities of work completed. The attached Letter of Understanding shows the methodology used to calculate the costs to be billed to CenturyLink. 32 AGREEMENT NCA8384.0 FOR JOINT CONSTRUCTION Agreement No. NCA8384 .0 THIS AGREEMENT (the "Agreement") is entered into as of April 1, 2016 ("Effective Date") between CenturyTel Services Group, LLC, a Louisiana corporation ("Centurylink"), and City of Federal Way, a Washington State municipal corporation. TERMS AND CONDITIONS 1. DEFINITIONS: 1.1. ''Schedule" means a written instrument made part of the Agreement describing Work, including price, specifications , warranty terms and related shipping and delivery instructions, and sometimes referred to as a ''Statement of Work." Schedules may be added, deleted, or modified as agreed in writing and executed by the parties. 1.2. "Party" means either Centurylink or Project Developer. 1.3. "Project Developer" means City of Federal Way. 2. TERM: The term of this Agreement begins on the Effective Date and ends on December 31, 2018 ("Term"). The Agreement will remain in effect for the term of and only with respect to any Schedule or Order that extends longer than the Term. 3. THE PROJECT: 3.1. Project Developer intends to perform a construction project. or multiple construction projects. that may be described on one or more Schedules to this Agreement (each referred to as a "Project"). 3.2. In connection with the Project, it is necessary or desirable that Centurylink install telecommunications facilities in the area in which the Project will be performed (the "Site"). The new telecommunications facilities and all associated equipment shall be referred to in this Agreement and any Schedules, as (the "Facilities"). 3.3. Centurylink has requested that as part of an individual Project, Project Developer, on its own behalf or acting through Its contractor (the "Contractor"), perform certain work in connection with the Facilities on the Site for Centurylink, which work is more specifically described in an Exhibit to the Schedule (the "Work"). 4. INVOICES AND PAYMENTS: 4.1. Invoices: Within 30 days of providing Work to Centurylink, Project Developer will issue an invoice by the method agreed upon by the parties . Each invoi.ce will conta in an itemized description of the Work and all appl icable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on Project Developer's income). Centuryllnk will be liable only for undisputed and correct taxes itemized on the invo ice for Work to whlch the taxes relate . Project Developer. and its Contractor, are responsible for charging the correct taxes on the applicable invoice other than where Centurylink has provided Project Developer a properly completed tax exemption certificate or other evidence of exemption . Project Developer. or its Contractor, as applicable, must be registered by the taxing jurisdictions to collect sales and/or use taxes within the states to which Work are provided . 4.2. Payment Due Date; Acceptance of Payment: Centurylink will pay undisputed invoices in U.S. dollars within 45 calendar days of Centurylink's receipt of a proper invoice. Payment will not constitute acceptance of the applicable Work. 5. ACCEPTANCE: Page 1 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 33 8/2014 Agreement No . NCAB384 .0 Acceptance of the Work will be defined on the applicable Schedule. 6. LIENS: CenturyLink reserves the right, at any time during the progress of the Work, to require Project Developer, the Contractor and any subcontractor to furnish evidence in form and substance acceptable to CenturyLink that all claims , liens and causes of action, if any, for the payment of wages or salaries or the payment of charges for labor, materials, tools, machinery, or supplies have been satisfied, released or settled. 7. CONFIDENTIAL INFORMATION: 7.1. Definition of Confidential Information: "Confidential Information" means all information shared by either Party or its Affiliates ("Disclosing Party") with the other Party or its Affiliates ("Receiving Party") during the term of this Agreement, except information the Receiving Party can clearly establish (a) has become known to the Receiving Party from a source, other than the Disclosing Party, without an obligation to maintain its confidentiality; (b) has become generally known to the public through no act or omission of the Receiving Party; or (c) was independently developed by the Receiving Party without the use of Confidential Information of the Disclosing Party. "Confidential Information" shall not include records subject to state disclosure laws, Chapter 42.56 RCW. 7 .2. Restrictions on Use and Disclosure: (a) Use and Copying: The Receiving Party will use or copy Confidential Information only to exercise its rights and perform its obligations under this Agreement. Copies the Receiving Party makes of Confidential Information must'conta1in the same confidential or proprietary notices or legends as the original. (b) Protection: The Receiving Party will protect Confidential Information with the same degree of care as it uses to protect its own Confidential Information of like importance, but not less than reasonable care. (c) Disclosure: The Receiving Party may disclose Confidential Information only to employees, Affiliates, agents, or contractors on a "need to know" basis, for the purposes set forth in this Agreement. The Receiving Party will not disclose any Disclosing Party Confidential Information related to a request for proposal, request for quote, or other similar request for information issued by the Disclosing Party to any of its agents or contractors without the Disclosing Party's prior written consent. The Receiving Party is responsible for compliance with this Agreement by all persons or entities to which it grants access to Confidential Information, and will advise them of their obligations under this Agreement. (d) Required Disclosure: If the Receiving Party is required or permitted by law to disclose Confidential Information of the Disclosing Party, the Receiving Party will promptly notify the Disclosing Party (prior to the disclosure, if possible). The Receiving Party will cooperate with the Disclosing Party if the disclosing party chooses to seek or take appropriate protective measures; and will make such disclosure in a manner that best protects the Confidential Information from further disclosure . (e) Return or Destruction: Upon Disclosing Party's request or upon the expiration or termination of this Agreement, the Receiving Party will return or destroy the Confidential Information . The Receiving Party may retain only such copies as are reasonably required to comply with applicable law and document retention requirements. Such Confidential Information must be maintained subject to the terms of this Agreement. Any destruction will be by shredding or secure erasure using current, commercially-reasonable methods. The Receiving f;>arty will provide a destruction certificate to the Disclosing Party upon request. 8. INDEPENDENT CONTRACTORS: 8 .1. Independent Contractor: Page 2 Project Developer certifies that it is engaged in an independent business and will perform its obligations arising in connection with the Agreement as an independent contractor and not as the agent or employee Copyright© Qwest. All Rights Reserved CONFIDENTIAL 34 8/2014 Agreement No . NCA8384.0 of Centurylink. 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. 8.2. Agents and Employees: Any persons who perform services for Centurylink will be solely the employees or agents of Project Developer under its sole and exclusive direction and control. Project Developer is solely responsible for: (a) the hours of work, methods of performance and compensation of its employees and agents; (b) compliance with all federal, state, and local rules and regulations including those governing worker's compensation, unemployment, disability insurance and social security withholding for its employees and agents; and (c) all federal and state income taxes for its income derived in connection with the Agreement. 8.3. Safety and Health: With respect to its performance of this Agreement or while on Centurylink's or Centurylink customers' premises, Project Developer (a) is solely responsible for the safety and health of its personnel, including subcontractors, (b) will immediately report to Centurylink any accidents, injuries or property damage, and (c) will provide Centurylink with copies of any safety, health or accident reports that it files with any third party . 9. INDEMNIFICATION: 9.1. Project Developer will indemnify, defend and hold harmless Centurylink, its affiliates, employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of Centurylink in connection with the Agreement or (b) any breach by Project Developer of the Agreement. 9.2. Centurylink will indemnify, defend and hold harmless Project Developer, its employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of Centurylink in connection with the Agreement or (b) any breach by Centurylink of the Agreement. 9.3. Prior to the commencement of the Work, Project Developer will require the Contractor to agree in writing to indemnify, defend and hold harmless Centurylink, its affiliates and each of their officers, directors, employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of the Contractor or any subcontractors in connection with the Work or (b) any breach by Project Developer of the Agreement. 9.4. No party shall be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries , death, or damages is caused by the sole negligence of the party seeking indemnification . 10 . LIMITATION OF LIABILITY: Except for Project Developer's indemnification obligations, insurance obligations, or breach of any requirements regarding Confidential Information, 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 indirectly arising under the Contract Documents, even if such party has been apprised of the possibility of the damages. Notwithstanding the foregoing, there shall be no limitation on a party's liability to the other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal, state or local administrative agency resulting from the failure of such failing party to comply with any term or condition of this Agreement or any valid and applicable law. rule or regulation . 11 . INSURANCE: 11.1 . General Insurance Requirements: Page 3 Without limiting the liabilities or indemnification obligations of Project Developer , Project Developer will, at its own cost and expense, provide and maintain during the term of this Agreement, such insurance coverage listed below with insurers licensed in the areas where the Work will be performed having a "Best's" rating of A -VII or better. Project Developer may obtain all insurance limits through any Copyright© Qwest. All Rights Reserved CONFIDENTIAL 35 8/2014 Agreement No. NCA8384 .0 combination of primary and excess or umbrella liability insurance. Project Developer will require its Contractor to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. Contractor will require its subcontractors to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. It is expressly understood Project Developer is ultimately responsible for its Contractor and Contractor's subcontractors including without limitation ensuring that the appropriate insurance is maintained (a) Workers' Compensation Insurance: Workers' Compensation in accordance with statutory requirements applicable in each state in which the work is to be performed and Employer's Liability or "Stop Gap" insurance with limits not less than $1,000,000 each accident. (b) Commercial General Liability Insurance: Commercial General Liability insurance with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate, covering personal injury, bodily injury, death, property damage, products I completed operations, contractual liability with respect to liability assumed by Project Developer and (X, C, U) explosion, collapse and underground coverage. (c) Commercial Automobile Liability Insurance: Commercial Automobile Liability insurance (including all owned, non-owned and hired vehicles) with limits not less than $1,000,000 combined single limit per occurrence covering bodily injury and property damage for automobiles used in connection with the performance of this Agreement. (d) Errors & Omissions Liability insurance: If Project Developer or Contractor will provide professional services under this Agreement such as design services or engineering services, Project Developer or Contractor will also provide Professional Liability I Errors and Omissions insurance with limits not less than $1,000,000 each claim. Such insurance will provide a retroactive date prior to the date of the Agreement and either (a) continuous insurance coverage for a period of 2 years after termination of the Agreement, or (b} an extended reporting period of not less than 2 years after termination of the Agreement. 11.2 Excess/Umbrella Liability Insurance: Excess/Umbrella liability insurance with limits not less than $2,000,000 each occurrence. For all contracts involving excavation Supplier will provide excess/umbrella liability insurance with a minimum limit of $5,000,000 per occurrence. 11.3 Certificates of Insurance: Prior to commencement of Work under this Agreement. Project Developer will furnish to Centurylink evidence of insurance as required herein for both Project Developer and the Contractor. Centurylink. its Affiliates. subsidiaries, and parent. as well as the officers, directors, employees and agents of all such entities will be included as an additional insured on the Commercial General Liability, Commercial Automobile Liability and Excess/Umbrella Liability policies. Commercial General Liability will be primary and not contributory to insurance which may be maintained by Centurylink. Insurers waive subrogation against Centurylink, its Affiliates , subsidiaries, and parent, as well as the officers, directors, employees and agents of all such entities for Workers' Compensation, Commercial General Liability, Commercial Auto Liability and Excess/Umbrella Liability unless such endorsement is prohibited by law or regulation. 11.4. Self Insurance Language: Page 4 Copyright© Qwest. All Rights Reserved CONFIDENTIAL 36 8/2014 Agreement No . NCA8384.0 If the Project Developer is a Public Agency, Municipal Corporation or agency of the State of Washington, and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be i ncorporated by reference and shall constitu te compliance with Section 12 of this Agreement. 11.5. RISK OF LOSS: Project Developer is responsible for the security and the risk of loss for the materials once materials are delivered to the worksite. 12. TERMINATION; CANCELLATION: 12.1 Notice: Either party may terminate this Agreement (including its Schedules), in whole or in part, for its convenience with 30 days ' prior written notice. Project Developer will be entitled to payment for Work performed as of the date of termination. Neither Party will have any other liability arising out of termination of this Agreement or a Schedule. 12.2 Breach: Either party may terminate this Agreement (including its Schedules), in whole or in part, by written notice to the other if the other party breaches this Agreement and fails to cure such breach to the non-breaching party's satisfaction within 30 days of written notice specifying the breach. 12.3 Pre-Termination Obligations: Expiration or termination of this Agreement (including its Schedules) will not relieve either party from its obligations arising hereunder prior to such expiration or termination . 13. DISPUTE RESOLUTION: 13.1 Negotiation: The parties will use good faith efforts to resolve any dispute promptly by negotiation between personnel who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Either party may give written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the written notice, the receiving party will submit a written response. For the notice and the response, the parties will include (a) a statement of the party's position and a summary of arguments supporting that position and (b) the name and title of the management person who will represent that party and anyone else who will accompany the manager. Within 30 days after delivery of the disputing party's notice, the executives of both parties may confer at a mutually acceptable time , and reconvene as necessary to resolve the dispute. The parties will honor all reasonable requests for information made by the other party. All negotiations and documents excl)anged pursuant to this clause are confidential, and the parties will treat the negotiations and documents as compromise and settlement negotiations for purposes of applicable rules of evidence. 13.2 Forum and Governing Law: A party must bring any legal proceeding arising out of, or relating to this Agreement, in United States District Court for the Western District of Washington or absent federal court jurisdiction, in King County Superior Court, King County, Washington . This Agreement is governed under the laws of the State of Washington without reference to its choice of law rules . 13.3 Provision of Work: Project Developer agrees that in the event of any dispute between the parties, it will continue to provide Work without interruption. 14. MISCELLANEOUS: 14.1 Compliance with Laws and Policies: Page 5 Copyright© Qwest. All Rights Reserved CONFIDENTIAL 37 8/2014 Agreement No. NCA8384.0 (a) Project Developer will obtain, at its expense, all permits and licenses, bonds , and other necessary legal authority, pay all fees, and comply with all federal, international (if applicable), state and local laws, ordinances, rules, regulations and orders applicable to Project Developer or Project Developer's performance hereunder including, the Communications Act and orders of the Federal Communications Commission. (b) Project Developer shall notify Centurylink in writing if it, or any of its employees , agents or subcontractors, believes that any part of the Work or any requirements contained in any of the Documentation violates any law. (c) Project Developer agrees to adhere to Project Developer's code of conduct. 14.2 Remedies; Future Projects: No remedy specified in this Agreement will limit either Party's rights and remedies arising in connection with the Agreement , at law or in equity. Participation by either Project Developer or Centurylink in the Project pursuant to this Agreement shall not be construed as an agreement to participate in any future projects. 14.3 Records and Audits: Project Developer will maintain complete and accurate records with respect to the Work, including all charges associated with this Agreement and the portion of the Work performed by Subcontractors , in accordance with generally accepted accounting princip les , for 72 months from the date of its termination or expiration. Centurylink, or its designee, may inspect, audit and make copies of such records, for Centurylink's retention, on reasonable notice . 14.4 Assignment and Delegation: The rights and obligations of each party will be binding upon and inure to the benefit of its successors and permitted assigns . Neither Party may assign or delegate its rights or obligations under this Agreement (including its Schedules ), in whole or in part, without the prior written consent of the other Party . Any attempted assignment or delegation without prior written consent shall be null and void . Either Party may assign this Agreement (including its Schedules), in whole or in part, without the consent of the other Party: (a) to any Affiliates of that Party, (b) in connection with any merger, consolidation, reorganization or sale of all or any part of its business or assets; or (c:) as either Party deems appropriate in connection with any regulatory requirements . 14.5 Notices: Each party will send notices to the addresses stated below each party 's signature. Notice will be deemed given: (a) on the 1st day after deposit with an overnight courier. charges prepa id ; (b) as of the day of receipt, if sent via first class U.S. Mail, charges prepaid, return receipt requested; and (c) as of the day of receipt, if hand delivered. 14.6 Advertising; Publicity: Neither Party will use the other Party 's name , marks, codes, drawings or specifications in any advertising, press release, promotional effort or publicity of any kind without prior written permission. 14. 7 Waiver: Any waiver by either party of any rights hereunder or of a breach of any provision of this Agreement will not constitute a waiver of any other breach of that or any other provision of this Agreement. Any waiver must be in writing. 14.8 Modifications or Amendments; Interpretation: Page 6 Any modifications or amendments to this Agreement must be in writing and signed by both parties . The term "including" in this Agreement means by way of e~ample , not limitation . Headings and subheadings used in this Agreement are for convenience only, and have no substantive meaning . This Agreement will not be construed against the drafting party. Project Developer has read and carefully considered the terms of this Agreement, and agrees , after opportunity to consult with legal counsel , that the terms and conditions of the Agreement are fair and reasonable. Copyright© Qwest. All Rights Reserved CONFIDENTIAL 38 8/2014 Agreement No. NCA8384.0 14.9 Severability: The determination that any provision of this Agreement is invalid or unenforceable will not invalidate this Agreement, and this Agreement will be construed and performed in all respects as if such invalid or unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated. 14.10 Force Majeure: Neither party will be liable to the other party for any delay or interruption of performance resulting from causes beyond its reasonable control. Upon any force majeure, either party may elect to terminate this Agreement or any Schedule or Order or to suspend the Work upon written notice. 14.11 Entire Agreement: This Agreement and all Schedules, exhibits, amendments, documentation, and specifications referenced in those documents, contain the entire understanding between the parties with respect to the subject matter and supersede all prior oral and written understandings, arrangements and agreements between the parties relating thereto. 14.12 Survival: The following provisions of this Agreement regarding "Representations and Warranties"; "Confidential Information"; "Indemnification"; "Work Product"; "Limitation of Liability"; "Dispute Resolution "; and "Choice of Law" and all others that by their sense and context are intended to survive the expiration of the Agreement will survive. 14.13 Execution: Page 7 The Agreement may be executed by facsimile copy and/or in any number of counterparts , all of which together will constitute one agreement. Copyright© Qwest. All Rights Reserved CONFIDENTIAL 39 8/2014 Agreement No. NCA8384 .0 Signature Block: The parties, intending to be legally bound, have caused this Agreement, including any Specific Terms and Conditions referenced herein, to be executed as of the Effective Date. CenturyTel Services Group, LLC Project Developer --City of Federal Way / 'l 11 ........ ~~ ' ~ -_/ ...... (Authorized Signature) (Authorized Signature) Doug Patterson Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director of Engineering and Construction Mayor (Title) (Title) , I '3b.; //Ir; (Execution Date) -(Execution Date) Address for Purposes of Notices: Address for Purposes of Notices : 100 NW Kearney Ave Phone No : (253) 835-2729 Bend, OR 97702 Fax No: (253) 835-2709 Attention: Shannon Davis E-Mail Address: Naveen.Chandral@city:offederalwa)l.com Phone No : 541-388-5296 Contractor's Remit to address: Fax No : 541-385-0229 33325 8th Avenue South Federal Way, WA 98003-6325 E-Mail Address : shannon .davis@centurylink.com Attention: Naveen Chandra, P.E., With copies to : CenturyTel Services Group, LLC Law Department -Procurement General Counsel Agreement# NCA8384.0 1801 California St. Denver, CO 80202 Page 8 Street System Project Engineer Copyright© Qwest. All Rights Reserved CONFIDENTIAL 40 8/2014 STATEMENT OF WORK NO. NCA8384.SS1.0 to AGREEMENT NO. NCA8384.0 FOR JOINT CONSTRUCTION Agreement No. NCA8384.0 Statement of Work No. NCA8384 .0 This Statement of Work is attached to and made a part of the most current amended version of the Agreement. In the event that any term of this Statement of Work conflicts with anything contained in the Agreement, except for terms identified in the Agreement as Non-Waivable Terms, this Statement of Work will control for purposes of this Statement of Work only. Unless otherwise defined herein, all capitalized terms in this Statement of Work will have the meanings set forth in the Agreement. 1. Term. This Statement of Work will commence as of April 1, 2016 (Effective Date) and will continue through December 31, 2018 (Expiration Date). 2. Project Developer or Contractor: City of Federal Way 3. The Work: 3.1 The Project is described on Exhibit A "The Project" to this Statement of Work, and the "Work Schedule" for the Project is described on Exhibit B "Work Schedule ." 3.2 Project Developer shall prepare and provide to Centurylink engineering drawings, specifications and construction standards for the Project (the "Project Developer's Specifications"). Project Developer shall choose and pay all costs associated with the Contractor, if any, and shall provide to Centurylink at least ten (10) calendar days' prior written notice prior to the beginning of the Project and of the Work. In addition, Project De\leloper shall provide all necessary excavation, bedding, backfill, select backfill, conduit protection, off-Site disposal, and Site restoration for the placement of the Facilities, along with the coordination of other utilities participating in the Project. Project Developer shall provide all flagging and traffic control, including uniformed officers when required, for any necessary excavation or work performed by Project Developer. Project Developer will notify Centurylink of any changes in the Work, and will obtain CenturyLink's prior written approval of such changes before commencement of any changes to the Work. 3.3 Within the number of days set forth in the Work Schedule after CenturyLink's receipt of Project Developer's Specification, Centurylink shall, at no cost or expense to Project Developer, prepare and provide to Project Developer engineering drawings, specifications, construction standards and quantities pursuant to which the Work must be performed by Project Developer ("Centurylink's Specifications"). Centurylink's Specifications shall show in detail the quantity and size of all facilities and equipment to be used by CenturyLink that Project Developer will install pursuant to this Statement of Work. Centurylink shall notify Project Developer in writing of any changes it wishes to make in Centurylink's Specifications, and such changes shall be made, if feasible. 3.4 If the Work includes installation of new vaults and/or conduit, the vaults and conduit shall be owned solely by Centurylink, and Centurylink shall be responsible for all maintenance in connection with the vaults and conduits except for defects covered by the warranty contained in the Agreement. To the extent that it has the right to do so, upon approval of the Work by Centurylink, Project Developer shall grant, provide and/or assign to Centurylink any permits. licenses or approvals required to access, occupy, use or operate the Facilities or any materials or facilities used in connection with the Facilities. 3.5 If the Work involves excavating, Project Developer will ensure that it or its Contractor notifies all utility companies and others who may have underground plant in the vicinity of the Work and that the Contractor obtains appropriate information on the location of all buried cable and utilities prior to performing any Work . Centurylink will not be responsible for any failure of the Contractor to locate, expose and protect from damage all existing underground facilities, including but not limited to electrical. telephone, water, gas and sewer. In addition to its indemnification obligations contained in the Agreement, if any existing underground or other facilities are damaged directly or indirectly in connection Rev . 08/2014 Centurylink Confidential and Proprietary. Disclose and distribute solely to those Individuals who have a need to know . • 1 • 41 Agreement No . NCA8384.0 Statement of Work No . NCA8384.0 with the Work, Centurylink will not be responsible for the cost to repair or replace all damaged or destroyed facilities. Project Developer will immediately report the damage to the property owner and to Centurylink and will ensure that no permanent repairs are made unless the consent of the property owner has first been obtained. Repairs will be made within forty-eight (48) hours after receiving permission from the property owner, unless otherwise agreed to by Centurylink. At Centurylink's sole option, Centurylink may elect, rather than having Project Developer make any repair to or replace any of Centurylink's damaged facilities, to have the repair made by Centurylink's employees or contractors . If Centurylink or its contractor performs the repair, Centurylink will invoice Project Developer for Centurylink's reasonable and documented costs, including without limitation labor costs. and Project Developer will pay Centurylink for such costs within forty-five (45) calendar days after receipt of an invoice . 3.6 Project Developer will be responsible for providing all traffic control associated with the installation of Joint Utility Trench and all facilities installed under this agreement, only for the work done by the Project Developer's Contractor. 3.7 Project Developer shall obtain any and all licenses, permits and approvals required for the Work. 3.8 Project Developer agrees that the Work will be performed in accordance with all applicable federal, state, and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the rights-of-way in which the Work is to be performed . 3.9 Centurylink shall have the right at all times to observe and inspect the performance of the Work. 3.10 To the. extent that performance of the Work requires the use or installation of any materials, Centurylink and Project Developer will agree in writing as described in Exhibit B Work and Work Schedule who will supply any materials. The materials will be new and shall be of the specific type designated by Centurylink. 3.11 Ownership of any materials or equipment supplied by Contractor will transfer to Centurylink upon receipt by Contractor of payment for the Work by Centurylink. 3.12 Centurylink and Project Developer shall maintain continued coordination regarding the Project, and Project Developer shall ensure that the Contractor also participates in the coordination . This coordination shall include but not be limited to a pre-construction meeting. Project Developer shall be responsible for the scheduling of these meetings. 3.13 Project Developer will be responsible to Centurylink for acts and omissions of Project Developer's and the Contractor's employees and subcontractors and each of their agents and employees, and any other persons performing portions of the Work. 4 . Completion of the Work: Project Developer shall notify Centurylink within ten (10) calendar days after completion of the Work and shall deliver to Centurylink "as-builts" for the Work if applicable. Upon receipt of the notification and the as-builts, Centurylink shall have ten (10) calendar days to inspect the Work and the as-builts and to accept or reject the Work and the as-builts (specifying, if rejected , any reasonable objection or deficiency) by delivery of written notice to the City. Project Developer will, at its own expense, correct the problem within ten (10) calendar days after receipt of Centurylink's notice. The foregoing procedure will be repeated until Centurylink finally approves the Work and the as-builts. If Centurylink fails to reject the Work or as-builts within the ten (10) day period set forth above, the Work and as-builts shall be deemed accepted by Centurylink. 5. Changes: If conditions or circumstances require a change in the Project or the Work, each party shall agree in writing to any changes, including without limitation payment responsibilities, prior to commencement of the Work or the changes. Neither party shall be responsible for any changes to the Work (including without limitation payment responsibilities) made without its prior written consent 6. Payment for the Work/Fees: Rev 08 /2014 Centurylink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know . • 2 - 42 Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 In consideration for performance of the Work and for the other promises and covenants contained in this Agreement, CenturyLink agrees to pay to Project Developer the amount set forth on an exhibit to the Schedule (the "Payment") in accordance with the Exhibit C "Work Price Schedule" to the Schedule (the "Payment Schedule"); provided, that CenturyLink shall not make any final payment to Project Developer until CenturyLink has approved the Work. 7 . Project Managers: Centurylink: Project Developer: Jason Tesdal, CPMA Naveen Chandra, P.E. 23315 66th Ave S 33325 8rn Avenue South Kent WA 98032 Federal Way, WA 98003 (206) 345-3488 (253) 835-2729 Rev. 08/2014 Centurylink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know . -3 - 43 Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 The parties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set forth below. CenturyTel Services Group, LLC Project Developer City of Federal Way ·r~ (Authorized Signature) (Authorized Signature) Doug Patterson Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director of Engineering and Construction Mayor (Title) ' (Title) ""2 f 11 ( ILA (Exectrf.iorl Date) Rev 08/2014 (Execution Date) Centurylink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know . . 4. 44 EXHIBIT A THE PROJECT Agreement No. NCA8384.0 Statement of Wori< No. NCA8384.0 The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities required to fa cilitate relocation of existing aerial and underground facilities for the Pacific Highway So . HOV Lanes Phase V project. The joint utility corridor will be located along the east side of Pacific Highway So . from approximately south of South 356 1h Street to approximately South 340 1h/16 Avenue as noted on Centurylink design E. 732028 which has been incorporated into the City's design plans for the project. Rev . 08/2014 Centurylink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know . -5 - 45 EXHIBITS THE WORK AND THE WORK SCHEDULE Agreement No. NCA8384 .0 Statement of Work No. NCA8384.0 The prorated design cost for Centurylink related Joint Utility Trench Cost is shown in Exhibit "D-3). The City's contractor will excavate a trench and install approximateli, 16,500 lineal feet of Centurylink provided conduit in various duct configurations in the jo int utility corridor in accordance with Centurylink design E.732028. The City's contractor will excavate for and install approximately Seven (7) numbers of "4484TA " type concrete vaults and Three (3) numbers of "264TA" type concrete hand holes . All facility installation will be in accordance with the Centurylink design E. 732028 which is incorporated into the City 's Pacific Highway So . HOV Lanes Phase 5 project design . The City's contractor will be responsible for all excavation including haul off and disposal of spoil, shoring, backfill including imported backfill material, compaction , restoration, including hard surface removal and replacement and labor to install Centurylink's facilities. All conduit placed by the City's contractor must be proofed by passing a 3.75 inch outside diameter cleaning mandrel through each 4 inch conduit and placement of a Centurylink provided polyethylene measuring tape in each conduit. Conduit that cannot be proofed by means of passing a 3. 75 inch cleaning mandrel through the conduit will not be accepted by Centurylink until such time as any necessary repairs are made and successful conduit proofing is completed. Vaults installed by the City's contractor must be set to final grade and all vault sections , riser rings and vault entrance covers must be sealed using conceal mastic provided by Centurylink with the vault. After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the Centurylink field representa tive, Centurylink will provide and place all cable in newly placed conduit and perform cable splicing and service cutover. Centurylink will require 120 working days to pull cables, splice and cutover customer service and remove existing temporary aerial facilities and poles from the completion of installation, proofing and acceptance of all conduit , and vaults . Rev 08/2014 Centurylink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know . -6. 46 EXHIBITC WORK PRICE SCHEDULE Agreement No. NCA8384.0 Statement of Work No. NCA8384 .0 CenturyUnk will pay the City a unit rate as noted in Schedule E (included as Exhibit "D-1" of this agreement) of the City's bid opening results for the Pacific Highway So . Phase 5 HOV Lane Project for the installation of 4-inch conduit in City provided joint utility trench on a per lineal foot basis. CenturyUnk will pay the City a unit cost rate as noted in Schedule E (included as Exhibit "D -1" of this agreement) of the City's bid opening results for the Pacific Hwy So HOV Lanes Phase 5 HOV lane project for the installation of of "4484 TA " type vaults on a per vault installed basis . Centurylink will pay the City a unit cost rate as noted in Schedule E (included as Exhibit "D-1" of this agreement) of the City's bid opening results for the Pacific Highway So. Phase 5 HOV Lane project for the installation of "267 TA" type hand holes on a per hand hole installed basis. Centurylink will pay the City for it's proportionate prorated share of mobilization and field office for Joint Utility Trench as lump sum items as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of traffic control costs (one sixth of total traffic control supervisor as lump sum , flagger and spotter hours, other traffic control labor hours, other temporary traffic control as lump sum, construction signs class per square feet, Sequential arrow sign hours, portable changeable message sign (PCMS) per unit, operation of PCMS sign hours and off-duty uniformed police officer hours) for Joint Utility Trench as noted in Schedule A of the City 's bid opening results and documented in EXHIBIT "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of Structure Excavation Class B Incl. Haul per cubic yard for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in Exhibit "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of Shoring per square feet for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in Exhibit "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of Pit Run Sand per cubic yard for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City 's bid opening results and documented in EXHIBIT "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of Gravel Borrow Incl. Haul per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City 's bid opening results and documented in EXHIBIT "D-2 " of this agreement. Centurylink will pay the City for it's proportionate share of Compact Density Fill (CDF) per cubic yard for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of Crushed Surface Base Course (CSBS) per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D-2" of this agreement. Centurylink will pay the City for it's proportionate share of%" Hot Mix Asphalt (HMA) per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D-2 " of th is agreement. Centurylink will pay the City for it's proportionate share of 1" Hot Mix Asphalt (HMA) per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the C ity 's bid opening results and documented in EXHIBIT "D-2" of this agreement Rev . 08/2014 Centuryllnk Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know . . 7. 47 Agreement No . NCA8384.0 Statement of Work No. NCA8384 .0 CenturyLink will pay the City for it's proportionate share of Temporary Pavement per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City 's bid opening results and documented in EXHIBIT "D-2" of this agreement. All unit cost bid item costs include sales tax . Centurylink will pay the City for it's proportionate share of construction management at the rate of 15% of the construction subtotal of the above unit costs as documented in EXHIBIT E. Centurylink will pay the City for it's proportionate share of contract administration at the rate of 5% of the project cost as documented in EXHIBIT E. Actual final cost will be calculated based on actual proportionate share of trench occupied by Centurylink conduit, actual lineal footage of conduit, actual number of vaults, hand holes and pedestal installed by the City 's contractor and summarized on Exhibit E (Estimated Project Costs) and as described in Exhibit B of this statement of work. Costs presented are estimates only, actual costs incurred will be used to calculate final cost of utility relocation portion for reimbursement to the City. Total estimated net cost to Centurylink for facility installation is $404,539.00. Total actual cost is not to exceed $404,539.00 without prior written approval from CenturyLink pursuant to section 6 of this statement of work. The costs noted in this exhibit are estimates only . Actual costs incurred based on unit rates as noted in Schedule "A " and "E" of the City's bid opening results will be used to calculate final cost of utility relocation portion for reimbursement to the City. The total actual not to exceed cost does not relieve Centurylink from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event that Centurylink fails to perform under the terms of the agreement or fails to complete facility relocation as detailed in exhibit B of this statement of work . Centurylink will pay the City within 45 days of receipt of a correct invoice. Rev 08/2014 Centurylink Confidential and Proprietary. . Disclose and distribute solely to those individuals who have a need to know . . 8. 48 EXHIBIT "D-1" PACIFIC HIGHWAY SOUTH HOV LANES PHASE V-CENTURYLINK ESTIMATED COSTS FOR CONDUIT AND VAULT No. ·sect. Item Qty Unit Unit Cost Total SCHEDULE E • CENTURYLINK UNDERGROUNOING E1 j 8-32 'Install Conduit 4 In . 16,500 l LF $ 4 .00 ; $ --------··-·~ E2 ' 8-32 ·Install Vault 4484-TA 7 EA ,$ 1,000.00 $ ----"'--··----E3 8-32 Install Handhole 264TA _____ 1 --3 EA $ 1,000 .00 $ --------·---· E4 I . 1-04 , Unexpected Site Changes 1 , EST $ 5,000.00 $ Schedule E Cost $ Note: Conduit Sweeps are not measured but will be included in the final billing . Centurylink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need -to know . • 9 - 49 66,000.00 7,000.00 3,000.00 5,000.00 81,000.00 Exhibit "D-2" Pacific Highway South HOV Lanes Phase V Joint Utility Trench Costs-Centurylink Total# Total# PSE Cm est Cm est Condu1 Conduit PSE 2" PSE 3" PSE 4" PSE 6" Spare Clink 4" 2" 4" CFW4" t This in Trench % Share % of %of Traffic %ofStrExc %of % of Pit Run % of Gravel Utihty Section Begin End Conduit Conduit Conduit Conduil 6" Conduit Conduit Conduit Conduit U1ility Trench Length of Trench Mobilization Control forU/G Shonng Sand Borrow CLINK 0 44 2 2 9 44 22% $109.53 $37181 $565,07 $86.40 $174.80 $341.75 CUNK 0 176 2 2 9 176 22% $438.12 $1.511.26 $2,280.28 $345.61 ~99.16 $1,367.01 CUNK 0 114 2 2 10 114 20% $255.41 $880.99 $1 ,317.64 $201.48 $407.59 $796.90 CUNK 0 62 2 2 14 62 14% $99.22 $342.24 $511.86 $78.27 $158.34 $309.57 GUNK 0 85 2 2 14 100 14% $160.03 $652.00 5625.59 $126.24 $255.38 $499.31 CLINK () 346 4 4 14 346 29% $1.107.40 $3,819.85 $5,713.07 $873.56 $1,767.25 $3,455.24 CLINK 0 40 4 4 14 55 29'/o $176.03 $607.20 $908. 15 $138.66 $280.92 $549.24 CLINK I) 293 4 4 15 293 27% $875.25 $3,019.06 $4.515.42 $690.44 $1,396.76 $2,730.91 CLINK 0 89 4 4 15 89 27% $265.86 $917.06 $1,371.58 5209.72 $424.28 $629.52 CLINK " 147 4 4 14 147 29% $470.49 $1.622.88 $2.427.23 $371.14 $750.83 $1,467.98 CLINK u 1317 4 4 12 90 33% $336.06 $1,159.20 $1.733.73 $285.10 $536.30 $1.046.56 CLINK 0 100 4 4 13 100 31% 5344.88 $1,188.93 $1,778.19 5271.90 $550.06 $1,075.44 CLINK 0 205 4 4 14 205 29% sese.12 $2,263.21 $3,384.91 $511.57 $1,047.07 $2.047. 16 GUNK u 208 0 9 85 0% $0.00 $0.00 so.oo $0.00 $0.00 SO.OD CLINK a 122 0 9 122 0% $0.00 so.oo $0.00 $0.00 $0.00 $0.00 CLINK u 76 0 12 76 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CLINK I) 139 " 4 16 139 25% $389.27 $1.342.74 $2,008.24 $307.07 $821.22 $1,214.58 CLINK 0 163 a 13 163 0% $0.00 $0.00 $0.00 so.oo $0.00 $0.00 CLINK u 387 0 10 387 0% $0.00 S0.00 SO.DO so:oo $0.00 $0.00 CLI~ 0 289 4 4 12 288 33,% $1.1,79.13 ss.n2,JG $5,587.21 ffl1,26 $1,722.13 $3,367.03 CLl1'41D u 124 4 4 13 124 31% S4U.40. $1,414,27 $2,204.9!1 $337.15 $682.0-7 $1.333.55 CLINK 0 75 4 4 ,a 76 33% $280.05 $966,00 St.444.78 WQ;92 $446,92 $873.BO GUNK 0 431 2 2 ts 491 15% $742.78 '$2.59U4 $3,832.00 $5es.9<1 $1..185.37 $2,317.58 CLINK 0 224 2 2 11 :12-i 18% $46@,23 $1,573.71 $2.353.88 $359.89 $728,07 S1.42l..49 CLINK u 164 2 2 8 16'1 25% MSll.28 '1.5&1.74 U.389.44 $362.30 $732.116 $1,433.03 CLINK 0 286 0 7 l&ti 0% $000 woo $0.00 so:oo $0.00 $0.00 CLINK 0 508 0 3 illlu O', $000 $000 $0.00 ~-00 ~Oil $0.00 CLINK 0 182 i 2 4 182 ~ $1.01&3~ 5:1,510.25 $USS.99 1&00.1~ $1."26,79 $a;180.82 CLINK 0 87 I 1 s· 110 211'1, $2,\Q ·~ lal!DO!I t\,NMI 1>11441 $393~ 11111194 cu,, ... a 369 0 11 ..169 °" ICOO $000 ,000 i<J 00 Ill.DO ~0(1 Prq,_,.t lCIUll, I lllill ___ ,,o..,...1a $cl~.W~9 U.Sti,Zl •1 1a.·11c~ J1tl.»7~ ~ l:12 4Jl.l.: 2!2ill.._ Thermal Fluidil.ed B.x:kfill is 100% PSE Cost Mobilization= (Project Mob including Field Offico X (U/G Bid CosUProjoct Bid Co!lt • Mob Including Field Office)) Traffic Control= (Total TCS + Tot.ii Flaggers & Spotters+ Other TC Labor+ Qthor Temp Traffic Control.;, Construction Sigs.;.Sequentltil Arrow Sign+PCMS+opcrallon of PCMS+Off·O uty Uniformed Police Offlc11r)/6 Conduit sweeps are not measured but will be included in the final billing !TOTAL TRENCH COSTS CenturyLink Confidential and Proprietary. Disdose and distribute solely to those individuals w ho have a need to know -10- S2i6,09SI %ofHMA Temp %ofCOF % of CSBC 1/2" % of HMA 1· HMA $BM3 $48.88 $204.62 $255.81 $25.96 $346 12 $195.52 $818.46 $1 023.22 $103 63 $201.77 $113.96 $477.13 $596.49 $60.53 $78.38 $44.26 $185.35 $231.72 $23.51 $126.42 $71.42 $296.95 $373.74 $37.93 $874.64 $494.20 $2.088.74 $2.586.30 $262 45 $139.06 $78.56 $328.85 $411.12 $41.72 $691.45 $390.60 $1,635.06 $2.044.12 $207.43 $210.03 $118.65 $496.66 $620.91 $63.01 $371.68 $209.96 $878.92 $1,098.80 $111.50 $265.49 $149.97 $627.80 $784.86 $79.65 $272.29 $153.82 $843.69 $804.98 $81.89 $518.33 $292.81 $1.225.70 $1 532.34 $155 .50 $0.00 S0.00 $0.00 $0.00 SO.OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $307.52 $173.72 $727.20 $909.13 $92.26 SO.OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $852.51 $481.58 $2.015.92 $2.520.27 $255.75 $337.64 $190 74 $798.43 $996.18 $101.29 $221.24 $124.98 $623.16 $854.05 $65.37 $586.79 $331.48 $1.387.59 $1,734.74 $176.04 $3e().42 $203.BO $852.28 $1,065.50 $10813 S:!62.83 $204.96 5857.99 $1.072.64 $108.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.DO $0.00 $805.31 $45,1,92 $1.904.32 52.380.74 $241.59 $1.94.69 $109.~ $,Wl.38 $675.58 $58.41 .sooo ,000 ~00 S0.00 $1100 M~tt .l6 .. _Si ,,0 .. 11 16 s:,~1~n Si! ~e:i ~ 1 u, I-' HOUR AND FEE ESTIMATE FOR UTILITIES Project: City of Federal Woy Paclflc Highway South HOY lanes, Phlse Y South 340lh Shit to S 359ltl S""1 EXHIBITD-3 ! ~119ar- tr .... 0.•criptlon . Po,j Eh<,• I Oso engr ' Senior I Project I Senior LA LA SUMI)' I Engineer j Manager F>roj Surv Surveyor c:r&w $ 6490 1s 5656 1s •1.oo j $ 3560 s 5065 T•oh I Cl.rie.l $ 2885 $ 2235 -E-1-Pn,jectllw_,. 1 1 Project mantgamenl admlnistnitiw serviC6S (Prora\lld l , forTul<e.3.4 ,7-10 & 14) l Tult TCJWa _l__ G_ ~,-~o 1 0 ll'lorkElolmnl2-Quollly~-~ 2.1 OCJCA(Prop,ated~uu_3;i,1,1a& 14\ I I ! T-TOUI 1 Q O O lwo.t. Element 3.11-... ·n· •-•WHly,.y,,-. _3..,tQ_~'fl!liJil'(~I T~Tabl lwo.tr ElonMnt 4 -llllDlv.........., l I ~ 1 -°-I o _J_ ·o • _____L_9_ 4 0 l 0 r o -'T ~ 41 ~Cl.rdl~~fi•!~~!iWEE!!'!.~--_ ~ 4 2 Request ~Mt~ l?OmP.ny ms bu!_lta O 4 3 P.'."P"'!' ix>lh!>'ng plantu!!~~-~_!l>i~lio,, -9 R•imhu~~-~~ -' -• !_ l TasllT-I 0 lwo,k E'"-t'l'.:.°""lan - T 16 A.oNI utiliy prwtlmlnuy dtsfari ccordlntiior1 T~Tot,I lwo,k-10 · C-_lllunl\y _,._ c:-.11..uon 1_0:2 _J,l~ordiAllionmeatingr,{3_mtml I s T_askT-I J lw~ Elomont 14-Flnll O..lan l •! 1418 ~oinl Utility1ni,nct, di.ltl1s ·14.;g U-nd;_~~uni___in{l ·;,~rd~tllonlutillty Nndard plens I _12 32 I + 16 _f _t 1L_,____l ,2 12 ! 2" J2 12 ?_4 _<!)_ T-Talal I .1! I ,12 .... J I 1 O i O L D i O I I I 0 1 0 _l__O ___ O .a __± .... fl ~ ~__j__Sf_ O I O 16 0 o _o 16_ f_ _O _a 0 40 ~ ! l ~ .Jl 8 0 --,~ ~ 0 ~-• I ...., _I O :u a 0 o _I __ I __ J o ,i I l !llJ_ 9 J -~ !' 0 --,_24 J!. eo I Q l 104 T9T~HOURSANOTO'TALEST11Uiltl>FEE I 30 _L_7' 111 J _ 11;i__l__ _ 56 174 _l 11 Hour> '° 20 1.l!f Direct I labor Cost \ . I :!.CSDJ 1~1 J "711 Owrhud I 145 78% KPG • Archltaetu... • .__,._........., • Clv41 Enslnaw1ne • Prorit 30'l, T-!'N I . /Effeci.lw multlphar 2 7578 I~ ~14 11 2..&69.14 _ls 74212 I I 742.~ !-"!:'. - 1~ •.,_~_.,!.. 3111 s ~!4_.!'1 3,644.2.7 -~· 1.&31 1 1_315&.II 32 1.201 ! ~ 32BL 6 ~l _•?• . 1.-!~. ~~~---:1-~~ 9B IS 90456 108 [ :Jlll3) Kl~ 100_[ 4.94_7 5,9001 .1.0fi "!147 1 ~.9!!_1 39 \ ·~ 2 ,6241 1!1 1 180_0! 2624 1 -~ ~, 4,'!'ttl !P..f ··-276 1 1oeotl 15"5 ~. 2Sl2:IJ 31621_ $ 12.000.29_ 1]_61-22736A! 1~1•t s U'I~ 540:ls W I 1~5 1,41il i }!_13 ' 7S3l1 1f ,1151!U 11111.11 49'!< 78 G5UI 1621719 13.,,_0_3_9~ 2!12.56.n - Exhibit E Estimated Project Costs Agreement No. NCA Statement of Work No. NCA EST/MA TED CONSTRUCTION, PROJECT ADMJNISTRA TION AND CONSTRUCT/ON MANAGEMENT COSTS FOR CENTURYL/NK JOINT UTILITY TRENCK (JUT) WORK ESTIMATED DESIGN COST KPG, (Exhibit D-3) ESTIMATED CONSTRUCTION COSTS Conduit and Vault-Schedule E (Exhibit "D-1") Share of Estimated Joint Trench Cost (Exhibit "D-2") Subtotal Construction Including Sales Tax Construction Contingency ( 10% of Construction cost.) Construction Management (15% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Design and Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $13,908 $81,000 $216,095 $297,095 $29,709 $44,564 $371,368 $385,276 $19,263 $404.539 Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of CenturyUnk's Joint Utility Trench Work for reimbursement to the City. Rev. 08/2014 Centurylink Confidential and Proprietory Disclose and distribute solely to those individuals who have a need to know -12 - 52