AG 17-013 - Comcast Cable Communications INCRETURN TO:
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CITY OF FEDERAL WAY LAW`'DEPARTMENT ROUTING FORM
1.
ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS
2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY: 3/3/2017
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 #): 17 -013 ❑
❑ OTHER AMENDMENT No 1 TO JOINT UTILITY TRENCH
SMALL OR LIMITED PUBLIC WORKS CONTRACT
MAINTENANCE AGREEMENT
HUMAN SERVICES / CDBG
SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
RESOLUTION
INTERLOCAL
LOU WITH COMCAST
5. PROJECT NAME: SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH)
6. NAME OF CONTRACTOR: COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC
ADDRESS: 410 Valley Ave NW Suite 12 -Bld C, Puyallup, WA 98371 TELEPHONE
E MAIL: FAX:
SIGNATURE NAME:,' I /) at124.-fr- 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. / /
8. TERM: COMMENCEMENT DATE: UPON EXECUTION
COMPLETION DATE: TBD
9. TOTAL COMPENSATION: coin I t % 1 ! A15 c,J I I (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:
10. DOCUMENT / CONTRACT REVIEW
riPPROJECT MANAGER
15IVISION MANAGER
D EPUTY DIRECTOR
et-DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
.AW DEPT
11.
COUNCIL APPROVAL (IF APPLICABLE)
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
2 -27 -17
31�s117
3/6/l7 ®3 /tri7x11
COMMITTEE APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING !I/
❑ SENT TO VENDOR/CONTRACTOR DATE SENT:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
I IAL / DATE SIGNED
640.0//7
❑ LAW DEPT
IGNATORY IIAYO}IOR DIRECTOR)
CITY CLERK
SSIGNEDAG #
IGNED COPY RETURNED
RETURN ONE ORIGINAL
COMMENTS:
AG
DATE SENT: el-24-17
AMENDMENT TO THE LOU — UPDATED COSTS POST AWARD THE CONSTRUCTION CONTRACT
i, 1/15
COUNCIL APPROVAL DATE:
AMENDMENT NO.1
LETTER OF UNDERSTANDING
BETWEEN THE CITY OF FEDERAL WAY
AND
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.
FOR THE
SOUTH 356TH STREET IMPROVEMENTS
(PACIFIC HIGHWAY S TO ENCHANTED PARKWAY S)
The City of Federal Way desires to supplement the Letter of Understanding entered into with Comcast
Cable Communications Management, LLC., effective the 30th day of January 2017, identified as Agreement
No. 17 -013. All provisions in the Agreement remain in effect except as expressly modified by this
supplement, "Amendment No. 1."
The changes to the Agreement are described as follows:
This Amendment No. 1 replaces Exhibit "A" with Exhibit "A -1," and Exhibit "B" with Exhibit "B -1," which are
attached to this Amendment No.1 and are hereby made a part of the Agreement.
CITY OF FEDERAL WAY:
errell, Mayor
33325 8th Avenue South
Federal Way, WA 98063 -6325
(253) 835 -2401
APPRQVE S • TO FORM:
d•//I
[0/ Ryan Call, City Attorney
ATTEST:
St '.h:nie Courtney, City
South 356th Street Improvement
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.:
410 Valley Ave NW Suite 12 -Bld C
Puyallup, WA 98371
(253) 288 -7538
Page 1 2016
Exhibit "A -1"
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South 356th Street Improvement
ITOTAL TRENCH COSTS
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South 356th Street Improvement
Exhibit "B-1"
Estimated Costs
South 356th Street Improvements
(Pacific Highway S to Enchanted Parkway S)
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH (JUT) WORK
ESTIMATED DESIGN COSTS for JUT
Labor -KPG Inc $10,205.00
ESTIMATED CONSTRUCTION COSTS
Conduit and Vault- Schedule "D" Cost (Exhibit "A -1 ") $9,921.85
Share of Joint Utility Trench Estimated Costs (Exhibit "A -1 ") $42,825.00
Subtotal Construction $52,746.85
Construction Contingency (10% of Construction Cost) $5,274.69
Construction Management (15% of Construction Cost) $7,912.03
ESTIMATED TOTAL CONSTRUCTION COST $65,933.57
ESTIMATED PROJECT COSTS (Design and Project Cost) $76,138.57
Project Administration (5% of Project Cost) $3,806.93
TOTAL ESTIMATED COST $79,945.50
Note: Costs presented are estimates only based on the lowest responsible bid. Actual costs
incurred will be used to calculate final cost of Comcast Joint Utility Trench Work for
reimbursement to the City.
K: \STREETS \PROJECTS \S356 (SR99 to SR161j \Utilities \Joint Utility Trench \ COMCAST \Post -Bid -Feb 22 2017 \Post Legal Review- 3 -B -17 \Letter of Understanding - Comcast- Post - Bid - PostLegal- 3- B- 17.doc
South 356th Street Improvement Page 4 2016
RETURN TO: 1.Oi Qom( W,, EXT: 291 c a
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS
2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY: 10/15/16
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 LOU WITH COMCAST
5. PROJECT NAME: SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH)
6. NAME OF CONTRACTOR: COMCAST CABLE COMMUNICATION INC
ADDRESS: 4020 AUBURN WAY N, AUBURN, WA 98002 TELEPHONE
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. / /
8. TERM: COMMENCEMENT DATE: UPON EXECUTION
COMPLETION DATE: TBD
9. TOTAL COMPENSATION:1� � Vl� (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY B C E - 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 T5�:�8�
10. DOCU ENT / CONTRACT REVIEW
Dr PROJECT MANAGER
el /'DIVISION MANAGER
{ (DEPUTY DIRECTOR
❑DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
LAW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
i SENT TO VENDOR/CONTRACTOR
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
It Ail /(J � i SIGNED
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE: 1/-4 ✓4 7
DATE SENT: 1 /14/1 7 ivalv..- DATE RECD:
LAW DEPT
SIGNATORY (
CITY CLERK
eiSSIGNED AG #
SIGNED COPY RETURNED
ETURN ONE ORIGINAL
R DIRECTOR)
COMMENTS:
LOU IS VERY SIMILAR TO THE ONE EXECUTEI? FOR THE PAC HWY PHASE V PROJECT, WHICH IS ATTACHED FOR REFERENCE
1/15
LETTER OF UNDERSTANDING
BETWEEN THE CITY OF FEDERAL WAY
AND
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.
FOR THE
SOUTH 356TH STREET IMPROVEMENTS
(PACIFIC HIGHWAY S TO ENCHANTED PARKWAY S)
THIS LETTER OF UNDERSTANDING (this "LOU ") is made and entered into this -' day of
:3CtioINC , 2017, by and between the City of Federal Way (hereinafter "City ") and Comcast Cable
Communic6tions Management, LLC. (hereinafter "Comcast "), collectively referred to herein as the "Parties."
WHEREAS, the City proposes to proceed with the South 356th Street Improvements Project (Pacific
Highway S to Enchanted Parkway S) (hereinafter "Project "); and
WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance
with Franchise Agreement, Ordinance Number 06 -524 as amended per Ordinance numbers 09 -620 and 16-
820, respectively and applicable Washington State, 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. Number 06 -524 as amended per Ordinance numbers 09 -620 and 16 -820, respectively, if the City charges
Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the
"Joint Utility Trench Work ") and pay the City a portion of the trench costs, including but not limited to, trench
bedding, backfill, and traffic control commensurate with Comcast's proportionate share of trench usage.
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
I. PRECONSTRUCTION ESTIMATE.
Exhibit A is a good faith project cost estimate for Comcast's share of Joint Utility Trench Work
and for installation of conduit and vaults furnished by Comcast. 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.
South 356th Street Improvement
Page1 2016
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
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
South 356th Street Improvement
Page 2 2016
representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent
acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU.
B. Comcast agrees to indemnify and hold the City, its elected officials, officers, employees,
and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the
negligent acts, errors, or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOU.
The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to
any event occurring prior to such expiration or termination.
VI. DURATION.
This LOU shall be in full force and effect from the date of signature by all Parties to the date the
City completes the Final Inspection upon completion of the Project and may be extended for additional periods
of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to
the performance of this LOU.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the roadway,
storm drainage system, sidewalks, landscaping, traffic signals, and all other appurtenances related thereto.
B. 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, at its own expense, will install cable in the new duct and vault system along
with pedestal etc., as required by Comcast. 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.
South 356th Street Improvement
Page 3 2016
CITY OF F
RAL WAY COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.
Jim F
yor
25 8th Avenue South
Federal Way, WA 98063 -6325
(253) 835 -2401
APPROVED AS TO FOR
Mark Orthmann, Acting City Attorney
ATTEST:
St
a
ie Courtney, City Cle
South 356th Street Improvement
410 Valley Ave NW Suite 12 -Bld C
Puyallup, WA 98371
(253) 288 -7538
Page 4 2016
Exhibit "A"
Estimated Costs - Conduit, Vault, and Pedestals
South 356th Street Improvements
(Pacific Highway S to Enchanted Parkway S)
CONSTRUCTION CONTRACT - SCHEDULE (COMCAST UNDERGROUNDING)
No. Item
1 Install Conduit 2 In.
2 Install Conduit 4 In.
3 Install Vault SGLB 2436
4 Unexpected Site Changes
Qty
263
1,357
1
1
Unit
LF
LF
EA
EST
Unit Cost Toth
$3.00 $ 789
54.00 $ 5,428
$1,000.00 $ 1,000
$2,500.00 $ 2.500
Subtotal $ 9,717
10% Contingency +1- $ 972
TOTAL ESTIMATED CONSTRUCTION COST $ 10,689
South 356th Street Improvement Page 5
2016
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South 356th Street Improvennent
TOTAL TRENCH COSTS
Exhibit "A"
Page 6 2016
Exhibit "B"
Estimated Costs
South 3564" Street Improvements
(Pacific Highway S to Enchanted Parkway S)
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH (JUT) WORK
ESTIMATED DESIGN COSTS for JUT
Labor -KPG Inc $10,205.00
ESTIMATED CONSTRUCTION COSTS
Conduit and Vault- Schedule "C" Cost (Exhibit "A ") $10,689.00
Share of Joint Utility Trench Estimated Costs (Exhibit "A ") $39,389.00
Subtotal Construction $50,078.00
Construction Contingency (10% of Construction Cost) $5,007.80
Construction Management (15% of Construction Cost) $7,511.70
ESTIMATED TOTAL CONSTRUCTION COST $62,597.50
ESTIMATED PROJECT COSTS (Design and Project Cost) $72,802.50
Project Administration (5% of Project Cost) $3,640.12
TOTAL ESTIMATED COST $76,442.62
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 \S356 (SR99 to SR161) \ Utilities \Joint Utility Trench \Letter of Understanding - Review- 83116.doc
South 356th Street Improvement Page 7 2016