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AG 17-013RETURN TO: -1\-cirvron 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" _N N d ca a) N co CL c L 13 CD =Ea ca a) 13 _oa; L = RI E.) ✓ 7CDw -0 L O O V)cn U N O M U x.02 O co E as w a w South 356th Street Improvement ITOTAL TRENCH COSTS g N w ' it'.'.. _ �w h 0 i a IS i k 3333 Q N 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 MMA8WA iRaS" qsz;s:ioa Naas:las z 13881 aauua 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