Loading...
AG 16-061 RETURN TO: PW ADMIN EXT: 2700 ID#: S655 l (.015 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/A A ORIGINATING STAFF PERSON: EXT: Z��2 3. DATE REQ.BY: TYPE OF DOCUMENT(CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#):_16-061 ❑ INTERLOCAL OTHER JOINT UTILITY TRENCH AGREEMENT WITH CENTURY TEL SERVICES GROUP LLC(CENTURYLINK)-AMENDMENT 4 1. PROJECT NAME:SR 99 PHASE V HOV LANES(S 340TH ST TO S 359TH ST) i. NAME OF CONTRACTOR:CENTURY TEL SERVICES GROUP LLC(CENTURYLINK) ADDRESS: 100 NW KEARNEY AVE,BEND,OR 97702 TELEPHONE:(541)388-5296 E-MAIL: FAX: SIGNATURE NAME:DOUG PATTERSON TITLE:DOUG PATTERSON i. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. '. TERM: COMMENCEMENT DATE: COMPLETION DATE:CHANGE TO 8/31/2019 we c i. TOTAL COMPENSATION:$ 113 525.83(SUPP)/$761,588.80(TOTAL) (INCLUDE EXPENSES AND SALES TAX,IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑YES Cl NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 1. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER 1 /D DEPUTY DIRECTOR L4 J!q V DIRECTOR O �� ❑ RISK MANAGEMENT (IF APPLICABLE 19.LAW DEPT o to L/ (R 0. COUNCIL APPROVAL(IF APPLICABLE SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: .1. CONTRACT SIGNATURE ROUTING /SENT TO VENDOR/CONTRACTOR Mrlt.4 js�e6jDATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT jdVLAW DEPT SIGNATORY(MAYOR OR CITY CLERK ,13"ASSIGNED AG# A SIGNED COPY RETURNED DATE SENT: LD ,><ETURN ONE GR10tttAL v o C :OMMENTS: ;XECUTE "ORIGINALS S on `1 5�t' "N CZ4V r, inmR AMENDMENT NO. 4 to NCA8384.SS1.0 DRAFT AMENDMENT NO. 4— NCA8384.SS1.0 This Amendment No. 4 to Agreement NCA8384.0 For Joint Construction by and between CenturyTel Services Group, LLC, a Louisiana corporation ("CenturyLink"), and City of Federal Way, a Washington State municipal corporation ("Supplier"), hereby amends that certain Statement of Work No. NCA8384.SS1.0. All previous amendments shall remain in effect. AGREEMENT CenturyLink and Supplier wish to amend the Statement of Work NCA8384.SS1.0 as follows: 1. DESCRIPTION OF AMENDMENT This amendment describes the methods and payment responsibilities associated with additional requested facilities for CenturyLink and additional Force Account Work. The original Contract includes Schedule E for undergrounding of CenturyLink facilities in a joint utility trench and installation of vaults. After the contract was awarded CenturyLink requested that additional facilities be installed, including facilities for which no bid item exists in the original contract. The changes were requested after the time of bid, therefore the Contractor is entitled additional compensation for the added work. This Amendment will add the requested CenturyLink facilities to the current contract by increasing existing bid item quantities and adding new bid items. The price of the new bid items was reached by negotiation with the Contractor based upon comparable pricing data conflict resolution on the City of Federal Way, Pacific Highway South HOV Lanes Phase V project and agreed to by CenturyLink. The Project Contractor Change Order Is attached as Attachment 1 and includes revised plan sheets 351, 352, 353, 359, 360, and 361 noting the locations for the new facilities. There were also many instances of conflict or in field revisions that were performed via force account on the project. A summary of all force account payments is attached along with copies of the backup materials for all force account costs. Also, as part of the work there was one existing vault that was required to be connected to, but it was not located on the plans. The vault in question was located in City property, but the lid had been covered up during construction of a detention pond. The additional cost to find and then to hydro-excavate to this vault totaled $23,866.38. These costs are shown in Force account Sheets 116, 173, 174, 175, 176, and 177. The City agrees that had the vault been located the cost to find it at a minimum would not have been needed and possibly have reduced the cost to find and excavate (hydro- excavation was required due to the proximity of the conduits). As there would have been a cost to excavate to the vault, born by CenturyLink, the City is splitting these costs and will pay half of those costs, for a total of $11,933.19 of the total $52,675.73 Force Account costs attributable to CenturyLink. Changes to the work are as follows: Per City of Federal Way Change Order 18 Schedule A - Bid Item A001 — Construction Survey The new unit cost for this item is $150,560.00 per Lump Sum. The quantity is 1 Lump Sum. Page 1 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO.4 to NCA8384.SS1.0 DRAFT The total change amount for this item is an increase of$560.00 Schedule A— Existing Bid Item A023 — Removal of Structures and Obstructions The new unit cost for this item is $52,650.00 per Lump Sum. The quantity is 1 Lump Sum. The total change amount for this item is an increase of$2,650.00 Schedule A— Existing Bid Item A31 - Gravel Borrow for Trench Backfill Incl. Haul Increase current bid item by 173 Tons. The new estimated quantity of bid item No. A31 is 15,723 Tons. The total change amount for this item is an increase of$2,249.00 Schedule A - Existing Bid Item A35 - Structure Exc. Class B. Incl. Haul for Undergrounding of Overhead Utilities. Increase current bid item by 231 Cubic Yards. The new estimated quantity of bid item No. A35 is 9,051 Cubic Yards (Qty. also adjusted w/CO #15). The total change amount for this item is an increase of$5,775.00 Schedule A - Existing Bid Item A37 - Shoring or Extra Excavation Class B. Increase current bid item by 2,300 Square Feet. The new estimated quantity of bid item No. A37 is 115,700 Square Feet. The total change amount for this item is an increase of$1,150.00 Schedule A - Existing Bid Item A40 — Crushed Surfacing Base Course. Increase current bid item by 15 Tons. The new estimated quantity of bid item No. A40 is 13,375 Tons. The total change amount for this item is an increase of$300.00 Schedule A - Existing Bid Item A42 — HMA Class '/2" PG 64-22. Increase current bid item by 6 Tons. The new estimated quantity of bid item No. A42 is 8„975 Tons (Qty. also adjusted w/CO #15). The total change amount for this item is an increase of$426.00 Schedule A - Existing Bid Item A44 — HMA Class 1” PG 64-22. Increase current bid item by 7 Tons. The new estimated quantity of bid item No. A44 is 8,967 Tons. The total change amount for this item is an increase of$497.00 Schedule A - Existing Bid Item A143— Cement Concrete Traffic Curb and Gutter. Increase current bid item by 20 Lineal Feet. The new estimated quantity of bid item No. A143 is 12,620 Lineal Feet. The total change amount for this item is an increase of$200.00 Schedule A - Existing Bid Item A154 — Cement Conc. Sidewalk. Increase current bid item by 40 Square Yards. The new estimated quantity of bid item No. A154 is 9,370 Lineal Feet. The total change amount for this item is an increase of$960.00 Page 2 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO.4 to NCA8384.SS1.0 DRAFT Schedule A - Existing Bid Item A189 — Pit run Sand Increase current bid item by 114 Cubic Yards. The new estimated quantity of bid item No. A189 is 2,284.7 Cubic Yards (Qty. also adjusted w/CO #15). The total change amount for this item is an increase of$4,674.00 Schedule E - Existing Bid Item E1- Install Conduit 4 In. Increase current bid item by 3,506 Linear Feet. The new estimated quantity of bid item No. E1 is 25,216 Linear Feet (Qty. also adjusted w/CO #15). The total change amount for this item is an increase of$19,283.00 Schedule E - Existing Bid Item E3 - Install Handhole 264 TA Increase current bid item by 2 Each. The new estimated quantity of bid item No. E3 is 2 per Each. The total change amount for this item is an increase of$430.00 Schedule E -Add New Bid Item C018.001 - Install Conduit 2 In. The new unit cost for this item is $3.70 per Linear Foot. The quantity is 198 Linear Feet. The total change amount for this item is an increase of$732.60 Schedule E -Add New Bid Item C018.002 - Install Handhole 467TA. The new unit cost for this item is $1,285.00 per Each. The quantity is 1 per Each. The total change amount for this item is an increase of$1,285.00 Schedule E -Add New Bid Item C018.003 — Install Handhole 30x48x36. The new unit cost for this item is $1765.00 per Each. The quantity is 2 per Each. The total change amount for this item is an increase of$3,530.00 Schedule E -Add New Bid Item C018.004 —Three Days Schedule E Extended Overhead The new unit cost for this item is $4,524.37 per Day. The quantity is 3 Days. The total change amount for this item is an increase of$13,573.11 Subtotal CO 18 $58,274.71 Per Increased Force Account work attributable to CenturyLink Schedule E — Existing Bid Item E4 — Unexpected Site Changes Increase current bid item amount by $36,153.96 per Force Account The new Bid Item Quantity is $41,153.96. The total change amount for this item is an increase of$36,153.96 Subtotal Force Account $35,742.54 Total Amendment 4 Construction $94,071.25 Page 3 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO.4 to NCA8384.SS1.0 DRAFT 1.1 The pricing described in Exhibit C attached to the Statement of Work, NCA8384.SS1.0.is hereby amended. The total estimated cost to CenturyLink under this Amendment No.4 is $113,525.83 as itemized on Attachment 2, for a total estimated cost to CenturyLink pursuant to Statement of work NCA8384.SS1.0, Amendment No. 1, Amendment No. 2, Amendment No. 3, and this Amendment No. 4, of $761,588.80. Total Actual cost is not to exceed $761,588.80 without prior written approval from CenturyLink. The costs noted in this Amendment No. 4 are final costs. The total actual not to exceed cost does not relieve CenturyLink from its responsibility 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 the Statement of Work and this Amendment No. 4. 2. ENTIRE UNDERSTANDING This Amendment shall become binding when signed by both Parties. This Amendment constitutes the entire understanding of the Parties, and supersedes all prior and contemporaneous written and oral agreements, with respect to the subject matter. This Amendment may not be modified except in writing signed by both Parties. Any person not a Party shall not have any interest or be deemed a third party beneficiary. 3. EFFECTIVE DATE This Amendment No. 4 to Agreement NCA8384.0.shall be deemed effective upon final execution by the parties. Page 4 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO.4 to NCA8384.SS1.0 DRAFT IN WITNESS WHEREOF, the parties have entered into this Amendment as of the latest Execution Date written below. CenturyTel Services Group, LLC Project Developer City of Federal Way (A66orii6d S(gn, re) (Authorized Signature) 6&TMA))6 ,4 _ Ig yd,-,,el Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) p/12e-67yk Mayor (Title) (Title (Execution Date) ecutio Date) Page 5 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT STPUL-0099(126) 18 November 3,2016 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE Pacific Highway South HOV Lanes Phase 5 Graham Contracting,Ltd. PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: This change order addresses costs for CenturyLink plan changes as originally communicated to Graham with Request for Proposal (RFP) 01 on September 12, 2016. RFP 01 included six revised Joint Utility Trench (JUT) plan sheets denoting CenturyLink's requested changes with quantities for bid item quantity additions and new bid items. RFP 01 pricing was received on November 3, 2016 which included a quantity takeoff for existing and new bid items as well as costs for items that were not addressed in the RFP. Agreement could not be reached; however, in the City's negotiation of this change with CenturyLink as parties differed on material quantities to be adjusted. JUT installation including CenturyLink's 4" conduit and handholes that began on October 17, 2016 continued until completion on May 17, 2017 despite the impasse preventing change order execution. CenturyLink's plan changes per RFP 01 were incorporated into physical work which was reviewed by the City, KPG and CenturyLink representative Jesse Patjens on November 8`h, 2018 with confirmation received on November 15`h that only surface cleaning and lid repairs were needed prior to final approval. Review of pay estimates during this installation timeframe indicates that all quantities added to existing bid items with RFP 01 were paid. New work not covered by base bid items however consisting of 2" conduit as well as 467TA and 30x48x36 handholes has not yet been paid. Graham's proposal appears to capture all work required with accurate quantities and appropriate pricing. The City has therefore incorporated all RFP 01 pricing into this change order at the requested amount of$44,701.60. $26,260.60 of this amount is attributed to Schedule E for CenturyLink including$5,547.60 for 2"conduit and new handholes that have not yet been paid for. Graham also requested three days of additional time for this work. Although no schedule was ever received indicating this time impact, the City recognizes that the additional 3,700ft of 2" and 4" conduit along with new JUT sweeps and new connection to Parcel 37 required additional time and has included a three-day compensable time extension. Compensation for time herein is consistent with that provided per Change Order 14 at the calculated overhead rate of$4,524.37 per day based on independent evaluation. This change therefore adds a total of$58,274.11 to the Contract as summarized in the table below. A total of $18,895.71 would be payable to Schedule E upon execution of this change order ($5,547.60 in new bid items+ $13,573.11 for 3 compensable days -$225 for 3 days ESC lead time which is only payable upon receipt of daily report). Liquidated damages as assessed would also be reduced by three days to reflect time added per this change. 6 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT Changes to the Bid Schedule—Pacific Highway South HOV Lanes Phase 5 1. Schedule A—Bid Item A001 —Construction Surveying The unit cost for this bid item has changed.The unit price per Lump Sum is now$150,560.00 The quantity is 1 LS The total change amount for this item is an increase of$560.00 2. Schedule A—Bid Item A023—Removal of Structures and Obstructions The unit cost for this bid item has changed.The unit price per Lump Sum is now$52,650.00 The quantity is 1 LS The total change amount for this item is an increase of$2,650.00 3. Schedule A—Bid Item A031 —Gravel Borrow for Trench Backfill Inc.Haul The unit cost for this bid item has not changed.The quantity is increased by 173 Tons. The new quantity is 15,723TN The total change amount for this item is an increase of$2,249.00 4. Schedule A—Bid Item A035—Structure Excavation Class B Inc.Haul for Undergrounding Overhead Utilities The unit cost for this bid item has not changed.The quantity is increased by 231 Cubic Yards. The new quantity is 9,051.3CY(Qty also adjusted w/CO#15) The total change amount for this item is an increase of$5,775.00 5. Schedule A—Bid Item A037—Shoring or Extra Excavation Class B The unit cost for this bid item has not changed.The quantity is increased by 2,300 Square Feet. The new quantity is I I5,700SF The total change amount for this item is an increase of$1,150.00 6. Schedule A—Bid Item A040—Crushed Surfacing Base Course The unit cost for this bid item has not changed.The quantity is increased by 15 Tons. The new quantity is 13,375TN The total change amount for this item is an increase of$300.00 7. Schedule A—Bid Item A042—HMA Cl. '/2"PG 64-22 7 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT The total change amount for this item is an increase of$426.00 8. Schedule A—Bid Item A044—HMA Cl. V PG 64-22 The unit cost for this bid item has not changed.The quantity is increased by 7 Tons. The new quantity is 8,967TN The total change amount for this item is an increase of$497.00 9. Schedule A—Bid Item A143—Cement Cone. Traffic Curb&Gutter The unit cost for this bid item has not changed. The quantity is increased by 20 Lineal Feet. The new quantity is 12,620LF The total change amount for this item is an increase of$200.00 10. Schedule A—Bid Item A 154—Cement Cone. Sidewalk The unit cost for this bid item has not changed. The quantity is increased by 40 Square Yards. The new quantity is 9,370SY The total change amount for this item is an increase of$960.00 11. Schedule A—Bid Item A189—Pitrun Sand The unit cost for this bid item has not changed. The quantity is increased by 114 Cubic Yards. The new quantity is 2,284.7CY(Qty also adjusted w/CO#15) The total change amount for this item is a1 increase of$4,674.00 12. Schedule E—Bid Item E01—Install Conduit 4 In. The unit cost for this bid item has not changed. The quantityis increased by 3,506 Lineal Feet. The new quantity is 25,216LF(Qty also adjusted w/CO#15) The total change amount for this item is an increase of$19,283.00 13. Schedule A—Bid Item E003—Install Handhole 264TA The unit cost for this bid item has not changed.The quantity is increased by 2 per Each. 8 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT The new quantity is 22EA The total change amount for this item is a7 increase of$430.00 14. Schedule E—Bid Item C018.001 —Install Conduit 2 In. This is a new bid item.The unit price per Lineal Foot is$3.70 The quantity is 198LF The total change amount for this item is al increase of$732.60 15. Schedule E—Bid Item C018.002—Install Handhole 467TA This is a new bid item. The unit price per Each is$1,285.00 The new quantity is 1 EA. The total change amount for this item is al increase of$1,285.00 16. Schedule E Bid Item CO 18.003 Install Handhole 30x48x36 This is a new bid item.The unit price per Each is$1,765.00 The new quantity is 2 EA. 17. The total change amount for this item is m increase of$3,530.00 18. Schedule E—Bid Item C018.004—Three Days Schedule E Extended Overhead This is a new bid item.The unit price per Day is$4,524.37. The quantity is 3Days The total change amount for this item is m increase of$13,573.11 The time provided for completion in the Contract is❑ Unchanged ® Increased❑Decreased by-I Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ®No If"Yes"Will the Policies Be Extended? ❑ Yes ❑No 9 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE Lump Sum Additions Item No Bid Item Description Existing Price New Price Change Total A001 Construction Surveying $150,000.00 $150,560.00 $560.00 A023 Removal of Structures and Obstructions $50,000.00 $52,650.00 $2,650.00 Subtotal= $3,210.00 Unit Quantit Additions Existing Change UNIT Unit Change Total Item No Bid Item Description QTY QTY PRICE Gravel Borrow for Trench Backfill Inc. TN 15,550 15,273 $13.00 $2,249.00 A031 Haul Structure Exc Cl B incl.Haul for CY 8,820.3 9,051.3 $25.00 $5,775.00 A035 Undergrounding of Overhead Utilities A037 Shoring or Extra Excavation Class B SF 113,400 115,700 $0.50 $1,150.00 A040 Crushed Surfacing Base Course TN 13,360 13,375 $20.00 $300.00 A042 HMA Cl '/2"PG 64-22 TN 8,969.4 8,975.4 $71.00 $426.00 A044 HMA Cl 1"PG 64-22 IN 8,960 8,967 $71.00 $497.00 A143 Cement Conc.Traffic Curb and Gutter LF 12,600 12,620 $10.00 $200.00 A154 Cement Conc. Sidewalk SY 9,330 9,370 $24.00 $960.00 A189 Pitrun Sand CY 2,170.7 2,284.7 $41.00 $4,674.00 E001 Install Conduit 4 In. Centu Link LF 21,710 25,216 $5.50 $19,283.00 E003 Install Handhole 264TH Centu Link EA 20 22 $215.00 $430.00 CO 18-001 Install Conduit 2 In. Centu Link LF 0 198 $3.70 $732.60 CO 18-002 Install Handhole 467TH Centu Link EA 0 1 $1,285.00 $1,285.00 Install Handhole 30x48x36 EA 0 2 $1,765.00 $3,530.00 CO 18-003 Centu Link Three Days Schedule E Extended EA 0 3 $4,524.37 $13,573.11 C018-004 Overhead Subtotal= $55,064.71 10 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT Grand Totals Add= $58,274.71 Delete= $0.00 Total Chane $58,274.71 TOTAL NET CONTRACT: INCREASE$ 58,274.71 DECREASE 11 AMENDMENT NO.4 to NCA8384.SS1.0 ATTACHMENT 1 DRAFT STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to Change Order except as specifically described in this Change Order. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $16,700,526.60 PREVIOUS CHANGE ORDERS $ 178,388.85 THIS CHANGE ORDER $ 58,274.71 NEW CONTRACT AMOUNT $16,937,190.16 CONTRACTOR'S SIGNATURE DATE EJ WALSH, P.E., DATE DIRECTOR PUBLIC WORKS DEPARTMENT 12 AMENDMENT NO.4 to NCA8384.SS1.0 DRAFT ATTACHMENT 2 ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR Centuryl-ink REDESIGN of STORM DRAINAGE SYSTEMS Construction QTY Unit Unit Cost A001 Construction Survey 1 LS $560.00 $560.00 A023 Removal of Structures and Obstructions 1 LS $2,650.00 $2,650.00 A031 Gravel Borrow for Trench Backfill Incl. Haul 173 TN $13.00 $2,249.00 A035 Structure Exc. Class B Incl. Haul for Undergrounding of Overhead Utilities 231 TN $25.00 $5,775.00 A037 Shoring or Extra Excavation Class B 2,300 SF $0.50 $1,150.00 A040 Crushed Surfacing Base Course 15 TN $20.00 $300.00 A042 HMA Class 1/2" PG 64-22 6 TN $71.00 $426.00 A044 HMA Class 1" PG 64-22 7 TN $71.00 $497.00 A143 Cement Concrete traffic Curb and Gutter 20 LF $10.00 $200.00 A154 Cement Concrete Sidewalk 40 SY $24.00 $960.00 A189 Pit Run Sand 114 CY $41.00 $4,674.00 E001 Install Conduit 4 In. 3,506 LF $5.50 $19,283.00 E003 Install Handhole 264 TA 2 EA $215.00 $430.00 E004 Unexpected Site Changes $36,153.96 FA $1.00 $35,742.54 C018-001 Install Conduit 2 In. 198 LF 3.70 $732.60 C018-002 Install Handhole 467TA 1 EA $1,285.00 $1,285.00 C018-003 Install Handhole 30x48x36 2 EA $1,765.00 $3,530.00 C018-004 Three Days Schedule E Extended Overhead 3 DAYS $4,524.37 $13,573.11 Construction Subtotal $94,017.25 15% Construction Management $14,102.59 Construction Total $108,119.84 5% Project administration $5,405.99 Project Total $113,525.83 NOTES Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Centuryl-ink's reimbursement to the City. 13 RETURN TO: PW ADMIN EXT: 2700 ID#: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/ ORIGINATING STAFF PERSON AUUNEXT: 3. DATE REQ.BY: TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) Cl PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ')g CONTRACT AMENDMENT(AG;f(): 16-061 ❑ INTERLOCAL 1p OTHER JOINT UTILITY TRENCH AGREEMENT WITH CENTURY TEL SERVICES GROUP.LLC(CENTURYLINK)—AMENDMENT 3 I. PROJECT NAME:SR 99 PHASE V HOV LANFs(S 340"'ST TO S 359-1"ST) i, NAME OF CONTR ICTOR.CENTURY TEL S[-EVII`F�Gilait P, I.1.0 f C.FVTI.FI IANI: ) ADDRESS: 100 NW KEARNEY AVE,BEND,OR 97702 TELEPHONE:(541)388-5296 E-MAIL: F.�x: SIGNATURE NAME:DOUG PATTERSON TITLE:DOUG PATTERSON i. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/_ UBI# ,EXP. TERM: COMMENCEMENT DATE: COMPLETION DATE:CHANGE TO 8/31/2019 i. TOTAL COMPENSATION:$ 0.00(Supp)f$648,062.97-(TOTAL) (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: �. DOCUMENT/CONTRACT REVIEW INITIA /DATE REVIEWED INITIAL/DATE APPROVED 47 PROJECT MANAGER l ;s DIVISION MANAGER 5-7119 DEPUTY DIRECTOR _ -�a DIRECTOR 31 RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT Iq O. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D; ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCILAPPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT m-knITA—ToRy(MAYOR OR DIRECTOR) , ❑ CITY CLERK Le i S IGNED AG# �AG# ❑ SIGNED COPY RETURNED DATE SENT: pCCa 1�1�L; ❑RETURN ONE ORIGINAL ;OMMENTS: .XECUTE` "ORIGINALS inmR DRAFT AMENDMENT NO. 3—NCA8384.SS1.0 This Amendment No. 3 to Agreement NCA8384.0 For Joint Construction ("Agreement"), is entered into by and between CenturyTel Services Group, LLC, a Louisiana corporation ("CenturyLink"), and City of Federal Way, a Washington State municipal corporation ("Supplier"). All previous amendments shall remain in effect. AGREEMENT CenturyLink and Supplier wish to amend the Agreement as follows: 1. DESCRIPTION OF AMENDMENT This amendment extends the term for the Agreement through August 31, 2019. 2. ENTIRE UNDERSTANDING This Amendment No. 3 shall become binding when signed by both Parties. This Amendment No. 3 constitutes the entire understanding of the Parties, and supersedes all prior and contemporaneous written and oral agreements, with respect to the subject matter. This Amendment No. 3 may not be modified except in writing signed by both Parties. Any person not a Party shall not have any interest or be deemed a third party beneficiary. 3. EFFECTIVE DATE This Amendment No. 3 to Agreement NCA8384.0.shall be deemed effective upon final execution by the parties. Page 1 DRAFT IN WITNESS WHEREOF, the parties have entered into this Amendment No. 3 as of the latest Execution Date written below. CenturyTel Services Group, LLC p City of Federal Way (Authorized Signature) (Authorized Signature) Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) a2C f' Manor (Title) (Title) (Execution Date) (Execution Date Page 2 DRAFT IN WITNESS WHEREOF, the parties have entered into this Amendment No. 3 as of the latest Execution Date written below. CenturyTel Services Group, LLC Ci Feder Way (Authorized Signature) (#uthori ed Signature) Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) Mayor (Title) (Title) (Execution Date) (Executi n Da Page 2 RETURN TO:Mercedes EXT: 2701 (1) sq 3g CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS 2. ORIGINATING STAFF PERSON:JOHN MULKEY EXT:2722 3. DATE REQ.By:ASAP f,/ 4. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) o PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) o ORDINANCE ❑ RESOLUTION X CONTRACT AMENDMENT(AG#):16-061 ❑ INTERLOCAL o OTHER JOINT UTILITY TRENCH AGREEMENT WITH CENTURY TEL SERVICES GROUP,LLC(CENTURYLINK)-AMENDMENT 2 5. PROJECT NAME:SR 99 PHASE V HOV LANES(S 340TH ST TO S 359TH ST) 6. NAME OF CONTRACTOR:CENTURY TEL SERVICES GROUP,LLC(CENTURYLINK) ADDRESS: 100 NW KEARNEYAVE,BEND,OR 97702 TELEPHONE:(541)388-5296 E-MAIL: FAX: SIGNATURE NAME:DOUG PATTERSON TITLE:DIRECTOR OF ENG&CONST. 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP.// UBI# ,EXP.// 8. TERM: COMMENCEMENT DATE: j ) Li COMPLETION DATE: / 1201,1 9. TOTAL COMPENSATION:$0.00(SUPP)/$648,062.97(TOTAL) (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: o YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: o CONTRACTOR ❑CITY o PURCHASING: PLEASE CHARGE TO:306-4400-165-595-30-650(COMCAST WILL REIMBURSE CITY) 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REV EW D INITIAL/DATE APPROVED COY PROJECT MANAGER t -i /2-///// *,DIVISION MANAGER s DEPUTY DIRECTOR 21771"-- ® DIRECTOR 'ZZ -/, U (b ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 6 tvi.{f'I 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: Cam M ((�� �j g 12. CONTRACT SIGI'G TUR ROUTING ( i n o SENT TO VENDOR/CONTRACTOR DATE SENT: 12-119 L DATE REC'D: lX o ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED 0 SIGNATORY(MAYORaVIMMIN/,Zi_ o CITY CLERK ,/�_zinm ASSIGNED AG# AG# SIGNED COPY RETURNED DATE SENT: V. . .. 1i► _„ o RETURN ONE ORIGINAL COMMENTS: EXECUTE"2"ORIGINALS, PHASE V AGREEMENT HAS BEEN ATTACHED FOR REFERENCE. TI /d'l T �e �L+�n l U e` L')1P ..S ►-{; h fr+'! ' . i Via:( h%,. `f , l ,,a 014"e., IJ `• C' 1` 1 �t1 $ > f l 1/15 AMENDMENT NO. 2—NCA8384.SS1.0 This Amendment No. 2 to Agreement NCA8384.0 For Joint Construction ("Agreement"), is entered into by and between CenturyTel Services Group, LLC, a Louisiana corporation ("CenturyLink"), and City of Federal Way, a Washington State municipal corporation ("Supplier"). All previous amendments shall remain in effect. AGREEMENT CenturyLink and Supplier wish to amend the Agreement as follows: 1. DESCRIPTION OF AMENDMENT This amendment extends the term for the Agreement through June 30, 2019. 2. ENTIRE UNDERSTANDING This Amendment No. 2 shall become binding when signed by both Parties. This Amendment No. 2 constitutes the entire understanding of the Parties, and supersedes all prior and contemporaneous written and oral agreements, with respect to the subject matter. This Amendment No. 2 may not be modified except in writing signed by both Parties. Any person not a Party shall not have any interest or be deemed a third party beneficiary. 3. EFFECTIVE DATE This Amendment No. 2 to Agreement NCA8384.0.shall be deemed effective upon final execution by the parties. Page 1 IN WITNESS WHEREOF, the parties have entered into this Amendment No. 2 as of the latest Execution Date written below. Centu Tel Services Group, LLC Ci • ' -deral Way horized Si ►ature) orized Signature) 04;51Lt'> Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) 7)i t2 ziz2 Mayor (Title) (Title) (Exec/1//// t tion ate) (Execut n Date Page 2 RETURN TO: Mercedes EXT: 2701 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION %CONTRACT AMENDMENT (AG #):16 -061 ❑ INTERLOCAL ❑ OTHER JOINT UTILITY TRENCH AGREEMENT WITH CENTURY TEL SERVICES GROUP, LLC (CENTURYLINK) — AMENDMENT 1 5. PROJECT NAME: SR 99 PHASE V HOV LANES (S 340TH ST TO S 359T" ST) 6. NAME OF CONTRACTOR: CENTURY TEL SERVICES GROUP, LLC (CENTURYLINK) ADDRESS: 100 NW KEARNEYAVE, BEND, OR 97702 TELEPHONE: (541) 388 -5296 E -MAIL: FAX: SIGNATURE NAME: DOUG PATTERSON TITLE: DIRECTOR OF ENG & CONST. 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. / / _ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: /2 /31/18 -t 'f P Us . 9. TOTAL COMPENSATION: $243,532.97(SuPP)/$648,062.97 (TOTAL) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE To: 306 - 4400 - 165 - 595 -30 -650 (COMCAST WILL REIMBURSE CITY) PAID BY: ❑ CONTRACTOR ❑ CITY 10. DOCUMENT / CONTRACT REVIEW A. PROJECT MANAGER 11. DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ENT TO VENDOR/CONTRACTOR INITIAL DATE REVIE E COMMITTEE APPROVAL DATE: DATE SENT: a ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ❑ LAW DEPT ❑ CHIEF OF STAFF XSIGNATOR (MAYOR • R DIRECTOR) ❑ CITY CLERK ASSIGNED AG # yc SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: PHASE V AGREEMENT HAS BEEN ATTACHED FOR 4.9 , e e „,-,a r t fur t° = It 'k 4 Pe V.c 1 95 4bio u to _ REFERENCE. - LJ (1-2,,e1 INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 7 [ 2 3/( p CetdNf), to l�%."`nnr-.) kice- 1/15 AMENDMENT NO. 1 to NCA8384.SS1.0 AMENDMENT NO. 1 — NCA8384.SS1.0 This Amendment No. 1 to Agreement NCA8384.0 For Joint Construction by and between CenturyTel Services Group, LLC, a Louisiana corporation ( "CenturyLink "), and City of Federal Way, a Washington State municipal corporation ( "Supplier "), hereby amends that certain Statement of Work No. NCA8384.SS1.0. AGREEMENT CenturyLink and Supplier wish to amend the Statement of Work NCA8384.SS1.0 as follows: 1. DESCRIPTION OF AMENDMENT This amendment describes the methods and payment responsibilities associated with CenturyLink facility conflict resolution on the City of Federal Way, Pacific Highway South HOV Lanes Phase V project. The City and CenturLink agree that it is in the best interest of the parties to resolve the conflicts between the existing CenturyLink duct bank and City storm system installation by way of storm system redesign and utilization of non standard storm system materials and construction methods in lieu of CenturyLink relocating the existing duct bank as detailed in Attachment 1, Technical Memorandum dated August 24, 2015 and revised on December 9, 2015. A. Conflicts between the storm system design and the duct bank at stations 39 +40, 49 +00, and 79 +29 will be resolved through the City's use of ductile iron pipe with shallower vertical cover in lieu of City standard concrete pipe. Total pipe replaced is 320 LF. B. Conflicts between the storm system design and the duct bank at station 64 +15 will be resolved through the City's use of ductile iron pipe with shallower vertical cover in lieu of City standard concrete pipe and elimination of 1 (one) Type 1 Catch Basin. Total pipe replaced is 40 LF. C. Conflicts between the storm system design and the duct bank at station 65 +50 will be resolved through the City's elimination of the future Strom Drainage crossing of Pacific Highway South. Total pipe removed is 90 LF. D. Conflicts between pole foundation and the duct bank at station 67 +60 will be resolved during construction by CenturyLink. Excavation of the pole foundation will be through vactor excavation, coordinating with CenturyLink. E. Conflicts between the storm system design and the duct bank at station 84 +80 will be resolved by leaving the existing storm facilities in place and modifying the median curb, eliminating the 120 LF of 12 "concrete pipe and 2 type 2 48" Catch Basins. F. Conflicts between the storm system design and the duct back at station 41 +20 will be resolved by CenturyLink adjusting their facility during construction. The Contractor will coordinate with CenturyLink. G. Conflicts between the storm system design and the duct bank at station 54 +00 will be resolved by routing the storm drainage facilities under sidewalk and replacing the SEW wall Page 1 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO. 1 to NCA8384.SS1.0 with a soldier pile wall and through the City's use of ductile iron pipe with shallower vertical cover in lieu of City standard concrete pipe. Total pipe replaced is 60 LF. Total additional Type 2 48" Catch basins is 3. Total SEW wall replaced with soldier pile wall is 1,600 SF. H. Conflicts between the storm drainage system and street pavement base with the duct bank at station 75 +70 will be resolved by the City's use of ductile iron pipe with shallower vertical cover in lieu of City standard concrete pipe, installation of additional Type 1 Catch Basins, elimination of Modular Block Wall, and revising the super - elevation of the roadway. Total ductile iron pipe added is 30 LF. Total Type 1 Catch Basins added is 5. Total Modular Block Wall removed is 250 SF. I. The above drainage redesign work will be performed by KPG, Inc., under design Task 20 of contract AG13 -148 between KPG, Inc. and the City of Federal Way. 1.1 The pricing described in Exhibit C attached to the Statement of Work, NCA8384.SS1.0.is hereby amended. The total estimated cost to Century Link under this Amendment No.1 is $243,523.97 as itemized on Attachment 2, for a total estimated cost to CenturyLink pursuant to Statement of work NCA8384.SS1.0 and this Amendment No. 1, of $648,062.97. Total Actual cost is not to exceed $648,062.97 without prior written approval from CenturyLink. The costs noted in this Amendment No. 1 are estimates only. Actual costs incurred based on unit rates in Schedule D of the City's bid opening results, and the design engineering billing from KPG, Inc. for Task 19 will be used to calculate the 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 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 the Statement of Work and this Amendment No. 1. 2. ENTIRE UNDERSTANDING This Amendment shall become binding when signed by both Parties. This Amendment constitutes the entire understanding of the Parties, and supersedes all prior and contemporaneous written and oral agreements, with respect to the subject matter. This Amendment may not be modified except in writing signed by both Parties. Any person not a Party shall not have any interest or be deemed a third party beneficiary. 3. EFFECTIVE DATE This Amendment No. 1 to Agreement NCA8384.0.shall be deemed effective upon final execution by the parties. Page 2 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO. 1 to NCA8384.SS1.0 IN WITNESS WHEREOF, the parties have entered into this Amendment as of the latest Execution Date written below. Century Tel Services Group, LLC (Authorized Signature) rpo.„,s %s Pc - rs (Print or Type Name of Signatory) Project Developer CitY pL Fed a Way ori d Signature) Jim Ferrell (Print or Type Name of Signatory) neeri\ Cols-1 4 Mavor (Title) (Title) J24( (Execution Date) Page 3 Pacific Highway South HOV Lanes Phase 5 7 O '% / (Ex cutio date) AMENDMENT NO. 1 to NCA8384.SS1.0 ATTACHMENT 1 TECHNICAL MEMORANDUM KPG753 9th Avenue North 1117 Broadway, Suite 501 Seattle, WA 98109 Tacoma, WA 9841)2 Phone: 206.286.16411 Phone: 253.627.0720 SEATTLE •TACOMA Fax 206.286.1639 Pas: 253.627.4144 ENGINEERS • ARCHIIEC TS • LANDSCAPE ARCH! TECTS • SURVEYORS Date: December 7, 2015 To: John Mulkey, PE — City of Federal Way From: Nelson Davis, KPG Re: Pacific Highway South HOV Lanes, Phase V South 340th Street to South 359th Street Updated preliminary utility conflict summary CenturyLink, Comcast, PSE This technical memorandum summarizes our assessment of conflicts and recommendations for utility relocations necessary within the limits of this project. Depth information was provided by PSE and CenturyLink to determine the extent of conflicts between existing facilities and proposed project improvements. The proposed storm drainage design is based on the 100% submittal as well as review comments provided by the City. A summary of recommended utility relocations for each utility is included below and shown graphically on the attached plans. The items shown in red indicate changes to the previous conflict summary provided on 8/24/15. PSE Power (RED highlight on attached plans) 1. Horizontal conflicts between PSE duct and /or vault and proposed storm drainage system occur at the following locations: a) Station 26 +60, east side b) Station 44 +15 to Station 45 +35, east side c) Station 56 +55, east side d) Station 63 +25 to Station 63 +60, east side Page 1 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO. 1 to NCA8384.SS1.0 ATTACHMENT 1 f) Station 68 +20 to Station 69 +60, east side g) Station 76 +65 to Station 78 +25, west side h) Station 82 +30, west side i) Station 83 +80, west side 2. Localized vertical conflicts between the existing power and proposed storm crossings occur at the following locations: a) Station 61 +10, east and wcst side b) Station 68 +20, east side c) Station 71+60, west side d) Station 76 +65, west side e) Station 84 +80, east side Qwest (ORANGE highlight on attached plans) 3. Localized vertical conflicts between the existing CenturyLink conduit and proposed storm crossings occur at the following locations: a) Station 39 +40, west side b) Station 49 +00, west side c) Station 64 +15, west side d) Station 65 +50, west side e) Station 67 +60, east side f) Station 84 +80, east side g) Station 41 +09, west side (wall drain) 4. Horizontal conflicts between CenturyLink conduit and /or vault and proposed storm drainage system occur at the following locations: a) Station 41 +20 to Station 41 +60, west side b) Station 54 +00 to Station 64 +15, west side Page 2 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO. 1 to NCA8384.SS1.0 ATTACHMENT 1 c) Station 74 +90 75 +25 to Station 78 +50, west side Comcast (PINK highlight on attached plans) 5. Horizontal conflicts between Comcast conduit and proposed storm drainage system occur at the following locations: a) Station 64 +00 to Station 64 +40, west side Comcast, PSE Power, CenturyLink Joint Trench (PURPLE highlight on attached plans) 6. Horizontal conflicts between existing joint trench (PSE, Century Link, and Comcast) and proposed storm drainage system occur at the following locations: a) Station 22 +50 to Station 24 +00, east side 7. Localized vertical crossings between existing joint trench (PSE, Century Link, and Comcast) and proposed storm crossings and mains occur at the following locations: a) Station 62 +75, east side b) Station 62 +13, east side c) 344th St Station 497 +24, north side 8. Existing joint trench (PSE, Century Link, and Comcast) vaults and risers that were formerly located off of roadway are now within the widened roadway and require relocation at the following locations: a) Station 52 +00, east side b) Station 56 +25, east side PSE Gas (YELLOW highlight on attached plans) 9. Localized vertical crossings between existing gas and proposed storm crossings and mains occur at the following locations: a) Station 23 +25, east side b) Station 50 +50, east side c) Station 50 +95, east side Page 3 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO. 1 to NCA8384.SS1.0 ATTACHMENT 1 d) Station 56 +40, ast side c) Station 65 +50, east side f) Station 69 +50, west side g) Station 76 +45, west side h) Station 49 +38, east side (wall drain) i) Station 65 +63, east side j) Station 65 +98, west side 10. Horizontal alignment of existing gas valve and proposed storm main will require gas valve relocation at the following location: a) Station 32 +50, east side 11. Horizontal alignment of existing gas line and proposed storm drain will require gas relocation in the following location: a) Station 49 +00 to Station 50 +80, west side b) Station 69 +50 to Station 71+10, west side c) Station 76 +50 to Station 78 +25 , west side We are in the process of finalizing drainage design based on City comments on the 85% Plans as well as pothole data received by the utilities. To the extent possible, we are finalizing the design in a manner that will eliminate conflicts with existing utilities. The locations identified in this memo do not appear to be easily resolved without relocation of the existing franchise utilities. This memo is intended to provide recommendations for the location of utility relocations necessary to complete the project. We would request further communication with the utility owners prior to performing the relocations to verify that adequate depth and horizontal clearance is provided. I hope this information is sufficient to meet your current needs. Please feel free to contact me at 206.267.1052 if you have any questions or would like additional information. Page 4 Pacific Highway South HOV Lanes Phase 5 AMENDMENT NO. 1 to NCA8384.SS1.0 ATTACHMENT 2 ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR CenturyLink REDESIGN of STORM DRAINAGE SYSTEMS Estimated Design Cost (KPG, Inc. Task 19) Construction A52 Modular Block Wall A53 Structural Earth Wall A54 Soldier Pile Wall with Concrete Fascia A70 Class IV Reinf. Conc. Storm Sewer Pipe 12 In. Diam. A71 Ductile Iron Strom Sewer Pipe 12 In. Diam. A73 Catch Basin Type 1 A75 Catch Basin Type 2 48 In. Diam. Estimated 25% for Indirect Costs (Mobilization, Traffic Control, TESC, etc.) Construction Subtotal 10% Construction Contingency 15% Construction Management QTY Unit Unit Cost Estimated Construction Total Estimated Project Total (Design + Construction) 5% Project administration Project Total NOTES $48,958.84 - 250 SF $20.00 ($5,000.00) -1,600 SF $30.00 ($48,000.00) 1,600 SF $100.00 $160,000.00 - 640 LF $50.00 ($32,000.00) 460 LF $70.00 $32,200.00 3 EA $1,300.00 $3,900.00 2 EA $3,000.00 $6,000.00 $117,100.00 $29,275.00 $146,375.00 $14,637.50 $21,956.25 $182,968.75 $231,927.59 $11,596.38 $243,523.97 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 CenturyLink's reimbursement to the City. Page 1 Pacific Highway South HOV Lanes Phase 5 RETURN TO: Mercedes EXT: 2701 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): R� OTHER JOINT UTILITY TRENCH AGREEMENT WITH CENTURY TEL SERVICES GROUP, LLC ( CENTURYLINK) .G., RFB, RFP, RFQ) EXT: 2729 3, DATE REQ. BY: ASAP ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: SR 99 PHASE V HOV LANES (S 340TH ST TO S 359TH ST) 6. NAME OF CONTRACTOR: CENTURY TEL SERVICES GROUP, LLC (CENTURYLINK) ADDRESS: 100 NW KEARNEYAVE, BEND, OR 97702 E -MAIL: SIGNATURE NAME: DOUG PATTERSON TELEPHONE: (541) 388 -5296 FAx: TITLE: DIRECTOR OF ENG & CONST. 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. / / _ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: / I it:, 11- { y 2OI i 9. TOTAL COMPENSATION: $ 1 p L C (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LA CHA - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ COMPLETION DATE: PeCJg. 31 2 Ot ❑ PURCHASING: PLEASE CHARGE To: 306- 4400 - 165 - 595 -30 -650 (COMCAST WILL REIMBURSE CITY) 10. DOCUMENT / CONTRACT REVIEW -el-PROJECT MANAGER -d.-DIVISION MANAGER J2KDEPUTY DIRECTOR IRECTOR ❑ RISK MANAGEM T (IF APPLICABLE 121 Vg .,V'LAWDEPT la 2.a► %(G{ 2 J asits 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DAT INITIAL / DATE REVIEWED 12. CONTRACT SIGNATURE ROUTING )%SENTTO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED 4120 p / 6 vi � 6 1 o v COI NCILAPPROVALDATE: 1 I 19 11,1p 141 1aq DATE SENT: ✓ L' `t DATE REC'D: 3/22 PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED ❑ LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAR OR DIRECTOR) ❑ CITY CLERK SSIGNED AG # ❑ SIGNED COPY RETURNED RETURN ORIGINALS COMME TS: 4 HASE f AGGRE EMENT HAS BEEN ATTACHED FOR REFERENCE. y& o , �o u4 • +•z• 1 /15 't A �} . w‘e 5‘cb'-IQ4 1--k- b� - L lo w+ v r\ i w ha,+ i s h,2 -4-ktn i:o r A b1 t,ivit„A& chtanie a lv-i- i 'f .551 b / .e. — f/1a n rc,F, - x1,049 04 coP t&d-for 41,r0 4401k-1. Ik,-1. C a 1! 40 a 71ne4f . 57 Agreement No. NCA8384.0 AGREEMENT NCA8384.0 FOR JOINT CONSTRUCTION THIS AGREEMENT (the "Agreement ") is entered into as of April 1, 2016 ( "Effective Date ") between CenturyTel Services Group, LLC, a Louisiana corporation ( "CenturvLink "), 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 Century Link or Project Developer. 1.3. "Proiect 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 "Proiect "). 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 invoice will contain an itemized description of the Work and all applicable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on Project Developer's income). CenturyLink will be liable only for undisputed and correct taxes itemized on the invoice for Work to which 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 8/2014 Agreement No. NCA8384.0 Acceptance of the Work will be defined on the applicable Schedule. 6. LIENS: Century Link 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 Century Link 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 contain 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 Party will provide a destruction certificate to the Disclosing Party upon request. 8. INDEPENDENT CONTRACTORS: 8.1. Independent Contractor: 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 Page 2 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 of Century Link. 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 Century Link 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 Century Link's or Century Link customers' premises, Project Developer (a) is solely responsible for the safety and health of its personnel, including subcontractors, (b) will immediately report to Century Link any accidents, injuries or property damage, and (c) will provide Century Link 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 Century Link, 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 Century Link in connection with the Agreement or (b) any breach by Project Developer of the Agreement. 9.2. Century Link 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 Century Link in connection with the Agreement or (b) any breach by Century Link 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 Century Link, 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: 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 Page 3 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 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 Tess than $2,000,000 per occurrence and $3,000,000 in the aggregate, covering personal injury, bodily injury, death, property damage, products / 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 / 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 Century Link evidence of insurance as required herein for both Project Developer and the Contractor. Century Link, 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 Century Link. Insurers waive subrogation against Century Link, 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 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 incorporated by reference and shall constitute 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 exchanged 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 govemed 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 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 Century Link 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 Century Link 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 principles, for 72 months from the date of its termination or expiration. Century Link, or its designee, may inspect, audit and make copies of such records, for Century Link'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 prepaid; (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: 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 example, 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. Page 6 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 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: The Agreement may be executed by facsimile copy and /or in any number of counterparts, all of which together will constitute one agreement. Page 7 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 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. Century Tel Services Group, LLC Project Developer City of Federal Way illfr 4 A. (Authorize. (Authorize• Signature) uth rized 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) 1-- /2,1i P (Execution Dat ) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: 100 NW Kearney Ave Bend, OR 97702 Attention: Shannon Davis Phone No: 541 - 388 -5296 Fax No: 541 - 385 -0229 E -Mail Address: shannon.davis @centurylink.com Phone No: (253) 835 -2729 Fax No: (253) 835 -2709 E -Mail Address: Naveen .Chandra @cityoffederalway.com Contractor's Remit to address: 33325 8th Avenue South Federal Way, WA 98003 -6325 Attention: Naveen Chandra, P.E., Street System Project Engineer With copies to: CenturyTel Services Group, LLC Law Department — Procurement General Counsel Agreement # NCA8384.0 1801 California St. Denver, CO 80202 Page 8 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 STATEMENT OF WORK NO. NCA8384.SS1.0 to AGREEMENT NO. NCA8384.0 FOR JOINT CONSTRUCTION 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 "Proiect 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 Developer 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 ( "CenturvLink'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 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 with the Work, Century Link 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 Century Link 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 Century Link. At Century Link's sole option, Century Link may elect, rather than having Project Developer make any repair to or replace any of Century Link's damaged facilities, to have the repair made by Century Link's employees or contractors. If Century Link or its contractor performs the repair, Century Link will invoice Project Developer for Century Link's reasonable and documented costs, including without limitation labor costs, and Project Developer will pay Century Link 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 Century Link 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, Century Link 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 Century Link. 3.11 Ownership of any materials or equipment supplied by Contractor will transfer to Century Link upon receipt by Contractor of payment for the Work by Century Link. 3.12 Century Link 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 Century Link 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 Century Link 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 Century Link Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 2 - 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: Century Link: Project Developer: Jason Tesdal, CPMA Naveen Chandra, P.E. 23315 66th Ave S 33325 89' 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 - 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. Century Tel Services Group, LLC Project Developer City of Federal Way Y/71 1, T' A.. ( Authorized Signature) Auth rized 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(c.. 1 1 (Execution Date) (Execution Date) Rev. 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 4 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 EXHIBIT A THE PROJECT The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities required to facilitate 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 356th Street to approximately South 340'/16 Avenue as noted on Century Link design E.732028 which has been incorporated into the City's design plans for the project. Rev. 08/2014 Century Link Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. -5- Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 EXHIBIT B THE WORK AND THE WORK SCHEDULE The prorated design cost for Century Link related Joint Utility Trench Cost is shown in Exhibit "D -3). The City's contractor will excavate a trench and install approximately 16,500 lineal feet of Century Link provided conduit in various duct configurations in the joint utility corridor in accordance with Century Link 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 Century Link 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 Century Link'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 Century Link 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 Century Link 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 Century Link with the vault. After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the Century Link field representative, Century Link will provide and place all cable in newly placed conduit and perform cable splicing and service cutover. Century Link 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 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 EXHIBIT C WORK PRICE SCHEDULE Century Link 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. Century Link 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 "0-2" 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 "0-2" 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 this 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 City's bid opening results and documented in EXHIBIT "D -2" of this agreement. Rev. 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 7 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 Century Link 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. Century Link 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. Century Link 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 Century Link 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 Century Link for facility installation is $404,539.00. Total actual cost is not to exceed $404,539.00 without prior written approval from Century Link 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 Century Link from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event that Century Link 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. Century Link 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 - EXHIBIT "0-1" PACIFIC HIGHWAY SOUTH HOV LANES PHASE V- CENTURYLINK ESTIMATED COSTS FOR CONDUIT AND VAULT No. "Sect. Item Qty Unit Unit Cost Total SCHEDULE E - CENTURYUNK UNDERGROUNDING El 8 -32 'Install Conduit 41n. 16,500! LF $ 4.00 $ 66,000.00 E2 8-32 Install Vault 4484 -TA 7 EA $ 1,000 00 $ 7,000.00 E3 8 -32 Install Handhole 264TA 3 EA $ 1,000 00 $ 3,000.00 E4 1 -04 Unexpected Site Changes 1 EST v$ 5,000.00 $ 5,000.001 Schedule E Cost $ _ 81,000.00 j 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- as#4111A ■-= L-60 krt 44* ! RegRRRIARS,I.4§4! 44°2144.5111114* gk ag * 44 5:4g1;111111111illilliil‘' 1 Cd1:1gR'i d dd" .., t* 1 -7- "k-k011Agggigg041gg*gg = a a aaaa 4 a. .. Pia-0 3 r.-T. i t rig44111Attlf41g4g6ggItIO-jgg6ggg 6 41> ft eli .112 ..4. gts.E7,g.g.kalggingt4g.triil.f.te5f1IFIFill. t t2=g0,0■A,T.1?-1,"1.A.IV.TV:..!nvt2tlivAr2;m,.......:: I n „.. -2.,-„.,,,,,.........*.....0.00....<.......N-. 8A 14 u8 t v'g 58 •g 1:2 ;g7)4*X412501AV.gi..liWAV'151R§ralli ii!I 8 6 ,,- ,04,000.10*O.oa0o0aa.o0aoo..0amool §41 !;) z zzzzZZZZZZZZZ 000(.10000000QQ0 OQQ(3000OOCY60c300'2 EXHIBIT C1-3 HOUR AND FEE ESTIMATE FOR UTILITIES 01; 0411i 1 o 3 mh E s O V. # t ^. A' .r rap �'3 h'; e,',."";:'-'8, �y �j C1 N d Ysi 1 w m G m r,- vi 1 d V 18001 2,024 541 $ 4,9q4 741 39 1900', 21:241 640i 6964. o.,l °g N e� rtC ,17 gi L � M aril a`rr R w y /Work Element 1 - ProleglAppasimere s $,r a Q4 aQ LTeak Totals 0 = 0 Element 2 - Quality Control/I:kedge Assurance 2F.27.1.PropraIlod far Tasks 34,0,10 & 14) Task Total ;0100 0 0 0 0 ,q �j X m 1 iy g 3i. V m o a:' o V o gy a 3 • uI ^ - q a Ni • o ~ a Eo W #z as o! O O .y U m. v £ ®:�1 '' Eo��i g °E U� (3.. r24 m O ,}` i ,N. 0 ~. t g !. W 3' • m 0 0 4 w St m', 010 g s "1Q o Q i • E 1 E W 3 1102 Utility coorolnetlen meetings (3 mtgisl 6 12 12 ' 0 0 • I 3 1 Task Tot* 6 12 12 0 0 6 a vi 1 W 4 9 Jcvnt ,itinty trench detells 0 0 24 09 a 19 Undo narpunoinp txx31c/ 'nation/011w standard plans 1 10 1 24 40 0 0 , 24 o O m t a Agreement No. NCA Statement of Work No. NCA Exhibit E Estimated Project Costs ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR CENTURYLINK JOINT UTILITY TRENCK (JUT) WORK ESTIMATED DESIGN COST KPG, (Exhibit D -3) $13,908 ESTIMATED CONSTRUCTION COSTS Conduit and Vault - Schedule E (Exhibit "D -1 ") $81,000 Share of Estimated Joint Trench Cost (Exhibit "D -2 ") $216,095 Subtotal Construction Including Sales Tax $297,095 Construction Contingency (10% of Construction cost.) $29,709 Construction Management (15% of Construction cost.) $44,564 ESTIMATED TOTAL CONSTRUCTION COST $371,368 ESTIMATED PROJECT COST (Design and Construction) $385,276 Project Administration (5% of project cost) $19,263 TOTAL ESTIMATED COST $404,539 Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of CenturyLink's Joint Utility Trench Work for reimbursement to the City. CenturyLink Confidential and Proprietory Disclose and distribute solely to those individuals who have a need to know - 12 - Rev. 08/2014