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AG 16-073RETURN TO: Mercedes EXT: 2701 1 04+ 2755 CITY OF FEDERfL WAY LAW DEPARTMENT-ROUTING FORM . ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS RIGINATING STAFF PERSON: NAVEEN CHANDRA SCANNED EXT: 2729 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 #): ❑ INTERLOCAL OTHER JOINT UTILITY TRENCH AGREEMENT WITH COMCAST 5. PROJECT NAME: SR 99 PHASE V HOV LANES (S 340TH ST TO S 359TH ST) 6. NAME OF CONTRACTOR: COMCAST CABLE COMMUNICATION INC ADDRESS: 4020 AUBURN WAY N, AUBURN, WA98002 TELEPHONE: (253)288 -7456 E -MAIL: FAX: SIGNATURE NAME: 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. / / UBI # , EXP. / / S. TERM: COMMENCEMENT DATE: 601/441P COMPLETION DATE: t ! 4 ans a, 'filed (,11"C %6Y 9. TOTAL COMPENSATION: $ ' 52 4, 5712 . 98 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE To: 306- 4400 - 165 - 595 -30 -650 ( COMCAST WILL REIMBURSE CITY) 10. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED r(PROJECT MANAGER N - 1 -I . I �NISION MANAGER -, q ®Lim/ >1 - r VDIRECTOR 411!.11101811. ]11. %f� ❑BRISK MANAGE ENT (IF APPLICABLE) t • ✓ C ;32C' LAW DEPT ra/ C.. �Z lLZ 114 Ifil/(* 0 o%Ii6 11. COUNCIL APPROVAL` (IF APPLICABLE) COMMITTEE APPROVAL DATE: 414 it 4) COUNCIL APPROVAL DATE: 4{ 11 11 V 12. CONTRACT SIGNATURE ROUTING I )Q--6 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS IN IAL / DIlATE SIGNED 9 ` 7l7 ;Q, LAW DEPT ❑ CHIEF OF STAFF Gr 15 SIGNATOR AYO : • R DIRECTOR) i/{ CITY CLERK xr Ass IGNEDAG# AG# Irb13 SIGNED COPY RETURNED DATE SENT: O5-17 Jii iJRETURN ONE ORIGINAL COMMENTS: I * �ti' t tj 4'1IVC `-t0 U}:��5 1 /15 DATE REC' D: �/ 1 ti LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 344th STREET TO South 359th STREET) p THIS LETTER OF UNDERSTANDING (this "LOU ") is made and entered into this 1'1+-1 day of Mtlr , 2016, by and between the City of Federal Way (hereinafter "City ") and Comcast Cable Comrri�nication, Inc. (hereinafter "Comcast "), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 344th Street to South 359th Street) (hereinafter "Project "); and WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance with Franchise 09 -620, applicable Washington State and City of Federal Way laws, and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, Comcast will be required to relocate certain aerial facilities such as cables and poles into an underground duct and vault system within the Project area; and WHEREAS, In accordance with the Federal Way — Comcast Cable Franchise Agreement, Ordinance No. 09 -620, if the City charges Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the "Joint Utility Trench Work ") and pay the City a portion of the trench costs, including but not limited to, trench bedding, backfill, and traffic control commensurate with Comcast's proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: 1. PRECONSTRUCTION ESTIMATE. Exhibit A is a good faith project cost estimate for Comcast's share of Joint Utility Trench Work. Costs are based on an engineer's estimate provided by the City's design consultant, KPG, Inc. Exhibit B is a good faith total project cost based on an estimate of Comcast's share of project administrative costs. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and Comcast that Comcast plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent Pacific Highway South HOV Lanes Phase V Page 1 2016 possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by potential contractors within the bidding process, the City agrees to maintain Comcast duct and vault line items as a separate schedule. B. Following opening of construction bids on the Project, new Exhibits with actual accepted bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Comcast Joint Utility Trench Work. The new Exhibits will be provided to Comcast for its review. Within twenty days of receiving the bid prices, Comcast shall notify the City in writing that Comcast approves their portion of the bid award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Director of Public Works and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Comcast grants to the City Director of Public Works and /or his or her designee authority to act on behalf of Comcast sufficient to carry out the provisions of this Letter of Understanding. B. Comcast shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Comcast Joint Utility Trench Work, which changes shall be made, if feasible. The City shall notify Comcast, in writing, of any changes required of the Joint Utility Trench Work and shall obtain Comcast's approval of such changes. Comcast's approval shall not be unreasonably withheld. Comcast shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Comcast. IV. PAYMENT. A. Comcast shall reimburse the City for all costs incurred by the City in performing the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by the Project contractor(s), all Comcast requested changes, and Comcast's cost share of the City services described in Paragraph III (A) herein. B. All payments shall be due from Comcast to the City within forty five (45) days after receipt by Comcast of said sums billed to Comcast. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Comcast, its officers, employees, and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU. B. Comcast agrees to indemnify and hold the City, its elected officials, officers, employees, and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, Pacific Highway South HOV Lanes Phase V Page 2 2016 licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOU. The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VI. DURATION. This LOU shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to the performance of this LOU. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Comcast shall take ownership of duct and vault system following completion of the construction and acceptance of duct and vault system. Comcast shall be responsible for maintenance of duct and vault system after the transfer of ownership of the duct and vault system. C. Comcast shall be required to obtain a Right of Way Permit to install cable in the new duct and vault system and to wreck out its obsolete aerial facilities. D. This LOU contains the entire written agreement of the Parties and supersedes all prior discussion. This LOU may be amended only in writing, signed by both Parties. E. Any provision of this LOU, which is declared invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY 33325 8th Avenue South Federal Way, WA 98063 -6325 (253) 835 -2401 COMCAST CORPORATION 4020 Auburn Way N Auburn, WA 98002 (253) 288 -7456 Pacific Highway South HOV Lanes Phase V Page 3 2016 APPROVED AS TO FORM: -E'0' Amy Jo Pearsall, City Attorney ATTEST: nie Courtney, City CI Pacific Highway South HOV Lanes Phase V Page 4 2016 Exhibit "A" Estimated Costs - Conduit, Vault and Pedestals Pacific Highway South HOV Lanes Phase V South 344th Street to South 359th Street No. Sect. Item Qty Unit Unit Cost Total SCHEDULE C - COMCAST UNDERGROUNDING C1 8-32 Install Conduit 2 In. 120 LF $ 3.00 $ 360.00 C2 8-32 Install Conduit 4 In. 15.100 LF $ 4.00 $ 60.400.00 C3 8 -32 Install Vault SGLB 2436 12 EA $ 1.000.00 $ 12.000.00 C4 8 -32 Install Vault SGLB 3048 14 EA $ 1,000.00 $ 14.000.00 C5 832 Install Pedestal 8 EA $ 500.00 $ 4,000.00 C6 1 -04 Unexpected Site Changes 1 EST $ 5,000.00 $ 5,000.00 Schedule C Cost $ 95,760 Pacific Highway South HOV Lanes Phase V Page 5 2016 a fm W go f P A °2Bo4rSSrem %P.'° 87.:244 mT'8°m»$2'48 a33 "Aom °o °��m8SX8v'ao °nm�o�Rb s NSA »� »» »Srawwa » »w» » »S 2 »p »25SaSOXw ww ww »wwSw „82 4X47482 Xm °89448 4482 n»°ramF.: S »"'w»Xpry»»aoagian »w ww w w w w w w � » » &wwww = r1H134“,2. 88°a8^om° .2.2°211 x.'" - rBXR °�� °BSro °_�ms4 w .. w w w w www w»wwww m /2:VVr'Z °n O° nmg4'8Sn n "S- °°'a,5°v °o 3524 °_ »i »"x» »3wwws l" w ias » ww » 4RXev4m °8oe382883X642 SSS asro88s ,Sr www:.w .1.7.4".7»;;» »;3»»w22:4»22:7,4 <B ,zMa 8T'8R SSay88 « »ti »w ^m&Sr«8i8ii�i $lm8 ww ww w w w w "';»» *»2»,1.2.7,% 3821414Son841°8743m8h$8m��8m22 �o °o,o °ooOOOOOOOOOOOOOOO°ooa° ° °g EEEEEE"EEEEEE" "T" " "9 0 0 o E E E E E E o 0 0 0 0 o E o n o 000,5o °c4uscYoou000ti0000 S a TOTAL TRENCH COSTS way South HOV Lamm ahoy V Page Exhibit "B" Estimated Costs Pacific Highway South HOV Lanes Phase V South 344th Street to South 359th Street ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH (JUT) WORK ESTIMATED DESIGN COSTS for JUT Labor -KPG Inc ESTIMATED CONSTRUCTION COSTS Conduit and Vault- Schedule "C" Cost (Exhibit "A ") Share of Joint Utility Trench Estimated Costs (Exhibit "A ") $18,601.00 $95,760.00 $289,011.00 Subtotal Construction $384,771.00 Construction Contingency (10% of Construction Cost) Construction Management (15% of Construction Cost) ESTIMATED TOTAL CONSTRUCTION COST $38,477.10 $57,715.65 $480,963.75 ESTIMATED PROJECT COSTS (Design and Project Cost) $499,564.75 Project Administration (5% of Project Cost) $24,978.23 TOTAL ESTIMATED COST $524,542.98 Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Comcast Joint Utility Trench Work for reimbursement to the City. K:\ STREETS\ PROJECTS \SR99 Phase V\Utilities \JUT\Comcasl \Final \Letter of Understanding - update- 2-4 -16 -Final doc Pacific Highway South HOV Lanes Phase V Page 7 2016