AG 16-062RETURN TO
EXT: 0:1-CA)
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.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG #):
. /OTHER AGREEMENT FOR JOINT CONSTRUCTION WITH CENTURYLINK
EXT: 2729 3. DATE REQ. BY:
SMALL OR LIMITED PUBLIC WORKS CONTRACT
MAINTENANCE AGREEMENT
HUMAN SERVICES / CDBG
SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
RESOLUTION
INTERLOCAL
5. PROJECT NAME: S. 356TH IMPROVEMENT PROJECT (SR 99 TO SR 161)
6. NAME OF CONTRACTOR:CENTURYLINK
ADDRESS: 23315 66TH AVENUE, KENT, WA9803 TELEPHONE:(206) 345 -3488
E- MAIL :JASON.TESDAL @CENTURYLINK.COM FAX:
SIGNATURE NAME: DOUG PATTERSON TITLE:
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /
8. TERM: COMMENCEMENT DATE: UPON EXECUTION
COMPLETION DATE: DECEMBER 31, 2018
9. TOTAL COMPENSATION: CENTURY LINK WILL PAY CITY IN THE AMOUNT OF $$6,6,40 (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
6 -44Od iS 1-SJ -- ,2?arA 11 (i c-hptl )o- 3,lio)
36) 4oO yS- 3VI- b (I -Lt i�n �1/ 3. )
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PURCHASING: PLEASE CHARGE TO.'
10. DOCUMENT / CONTRACT REVIEW
£(PROJECT MANAGER
❑ DIVISION MANAGER
M.-DEPUTY DIRECTOR
,e-DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
9,AW DEPT
H114-22-16
• f
ga7,16
'4' -Il1.b
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
❑ LAW DEPT
❑ CHIEF OF STAFF
SIGNATORY
CITY CLERK
ASSIGNED AG #
ETo
SIGNED COPY RETURNED `i CJ
❑ RETURN ONE ORIGINAL
COMMENTS:
C' �v ►gyp t�
0) CU icievY14 --1 l .r i (19
1/15
Agreement No. NCA8384.0
Statement of Work No. NCA8384.SS2.0
STATEMENT OF WORK NO. NCA8384.SS2.0
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 15, 2016 (Effective Date) and will continue
through December 31, 2018 (Expiration Date).
2. Project Developer or Contractor: City of Federal Way
3. The Work:
3.1 The Project is described on Exhibit A "The Project" to this Statement of Work, and the "Work Schedule"
for the Project is described on Exhibit B "Work Schedule."
3.2 Project Developer shall prepare and provide to CenturyLink engineering drawings, specifications and
construction standards for the Project (the "Project Developer's Specifications "). Project Developer shall
choose and pay all costs associated with the Contractor, if any, and shall provide to CenturyLink at least
ten (10) calendar days' prior written notice prior to the beginning of the Project and of the Work. In
addition, Project 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.SS2.0
with the Work, CenturyLink will not be responsible for the cost to repair or replace all damaged or
destroyed facilities. Project Developer will immediately report the damage to the property owner and to
CenturyLink and will ensure that no permanent repairs are made unless the consent of the property
owner has first been obtained. Repairs will be made within forty -eight (48) hours after receiving
permission from the property owner, unless otherwise agreed to by CenturyLink. At CenturyLink's sole
option, CenturyLink may elect, rather than having Project Developer make any repair to or replace any of
CenturyLink's damaged facilities, to have the repair made by CenturyLink's employees or contractors. If
CenturyLink or its contractor performs the repair, CenturyLink will invoice Project Developer for
CenturyLink's reasonable and documented costs, including without limitation labor costs, and Project
Developer will pay CenturyLink for such costs within forty -five (45) calendar days after receipt of an
invoice.
3.6 Project Developer will be responsible for providing all traffic control associated with the installation of Joint
Utility Trench and all facilities installed under this agreement, only for the work done by the Project
Developer's Contractor.
3.7 Project Developer shall obtain any and all licenses, permits and approvals required for the Work.
3.8 Project Developer agrees that the Work will be performed in accordance with all applicable federal, state,
and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the
rights -of -way in which the Work is to be performed.
3.9 CenturyLink shall have the right at all times to observe and inspect the performance of the Work.
3.10 To the extent that performance of the Work requires the use or installation of any materials, CenturyLink
and Project Developer will agree in writing as described in Exhibit B Work and Work Schedule who will
supply any materials. The materials will be new and shall be of the specific type designated by
CenturyLink.
3.11 Ownership of any materials or equipment supplied by Contractor will transfer to CenturyLink upon receipt
by Contractor of payment for the Work by CenturyLink.
3.12 CenturyLink and Project Developer shall maintain continued coordination regarding the Project, and
Project Developer shall ensure that the Contractor also participates in the coordination. This coordination
shall include but not be limited to a pre- construction meeting. Project Developer shall be responsible for
the scheduling of these meetings.
3.13 Project Developer will be responsible to CenturyLink for acts and omissions of Project Developer's and
the Contractor's employees and subcontractors and each of their agents and employees, and any other
persons performing portions of the Work.
4. Completion of the Work:
Project Developer shall notify CenturyLink within ten (10) calendar days after completion of the Work and
shall deliver to CenturyLink "as- builts" for the Work if applicable. Upon receipt of the notification and the
as- builts, CenturyLink shall have ten (10) calendar days to inspect the Work and the as- builts and to
accept or reject the Work and the as- builts (specifying, if rejected, any reasonable objection or deficiency)
by delivery of written notice to the City. Project Developer will, at its own expense, correct the problem
within ten (10) calendar days after receipt of CenturyLink's notice. The foregoing procedure will be
repeated until CenturyLink finally approves the Work and the as- builts. If CenturyLink fails to reject the
Work or as- builts within the ten (10) day period set forth above, the Work and as- builts shall be deemed
accepted by CenturyLink.
5. Changes:
If conditions or circumstances require a change in the Project or the Work, each party shall agree in
writing to any changes, including without limitation payment responsibilities, prior to commencement of
the Work or the changes. Neither party shall be responsible for any changes to the Work (including
without limitation payment responsibilities) made without its prior written consent
6. Payment for the Work/Fees:
Rev. 08/2014
CenturyLink Confidential and Proprietary.
Disclose and distribute solely to those individuals who have a need to know.
-2-
Agreement No. NCA8384.0
Statement of Work No. NCA8384.SS2.0
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 amountset forth on an exhibit to the
Schedule (the "Pavment ") 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 8`" 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.SS2.0
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
,4
(Authorized Signature
( u horized Signature)
Doug Patterson
Desiree Winkler
(Print or Type Name of Signatory)
(Print or Type Name of Signatory)
Director of Engineering and Construction
Deputy Public Works Director /Street Systems Manager
(Title)
(Title)
674
4/P-1 lil
(Execution Date)
(Execution Date)
Rev. 08/2014
Century Link 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.SS2.0
EXHIBIT A
THE PROJECT
CenturyLink has facilities that were identified in conflict with The City of Federal Way S. 356th Improvement
Project (SR 99 to SR 161) at Station 214 +50 RT.
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.SS2.0
EXHIBIT B
THE WORK AND THE WORK SCHEDULE
CenturyLink has facilities that were identified in conflict with The City of Federal Way S. 35e Improvement
Project (SR 99 to SR 161) at Station 214 +50 RT. The City of Federal Way will redesign the storm sewer system to
negate the conflict with CenturyLink facilities at that location.
Rev. 08/2014
Century Link Confidential and Proprietary.
Disclose and distribute solely to those individuals who have a need to know.
- 6 -
Lump Sum: $6,640.00
Rev. 08/2014
Agreement No. NCA8384.0
Statement of Work No. NCA8384.SS2.0
EXHIBIT C
WORK PRICE SCHEDULE
Century Link Confidential and Proprietary.
Disclose and distribute solely to those individuals who have a need to know.
- 7 -