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HomeMy WebLinkAboutCAG2019-184 - Supplement - Sound Transit - GA0183-17 Federal Way Link Extension Project: Task Order 2 - 08/25/2017 CITY SERVICES AGREEMENT(GA 0183-17) BETWEEN THE CITY OF KENT AND SOUND TRANSIT FOR CITY SERVICES AND COSTS RELATED TO FEDERAL WAY LINK EXTENSION PROJECT REVIEW AND PERMITTING Task Order 2: Pre-Construction and Construction Services Support(through project close-out) This Task Order is issued under the City Services Agreement between the City of Kent and Sound Transit for City Services and Fees related to Federal Way Link Extension (FWLE) Project Review and Permitting dated August 25, 2017. This Task Order establishes the scope, schedule, and budget, including staffing and permitting fees,through Project construction and close-out(anticipated to occur in 2024). The City agrees to perform the Services in the manner set forth in this Task Order. The terms and conditions of the City Services Agreement are incorporated into this Task Order unless expressly modified below. This Task Order shall be effective as of the date signed by Sound Transit. Project Description. This Task Order covers city work and fees during the Post-NTP Design Review/Early Construction, Heavy Construction, and Systems/Rail Activation/Project Closeout Phases. City involvement will include a City Project Liaison (as variously described in Design Build Contractor documents and in the City's Development Agreement with Sound Transit) and other staff whose role it will be to expedite processes related to Design Build Project delivery, including design review, permitting, and inspection. • Attachment 1: Task Order Scope of Work (Pre-Construction and Construction Services Support) • Attachment 2: Project Preliminary Permitting Plan • Attachment 3:Achievement Milestones and Payment Plan The parties have agreed to the terms of this Task Order by si ' g below. For the City Foptodnd Transit IAlln Signature S gn ture Mav ICkeC-�T%VZ Title Title Date Date Appro d as o m: App v d as to Fo m City Atto6ey Sound Transi a al Counsel Task Order 2 Page 1 GA 0183-17 Task Order 2 -Attachment 1 Pre-Construction and Construction Services Support: Scope of Work Overview. The scope of this Task Order 2 identifies City tasks associated with preparations for issuance of the Design-Build (D-B) Contractor Notice-to-Proceed (NTP),final design, permitting, heavy construction and Project close-out (anticipated to occur in late 2024), as well as all permitting and approvals. Task Order 2 covers this extent of time and range of tasks in order to provide certainty and predictability to both the City and Sound Transit with respect to clarifying workload and cash flow payments, expeditiously conducting Project reviews, permitting and ensuring Project delivery within the lifetime budget. Total Compensation for City Services. Sound Transit will pay the City a fixed fee in the total amount of six-million-seven-hundred-thousand dollars ($6.7 million) for City costs associated with the scope of this Task Order 2. Payments will be made on a quarterly basis as noted in the Attachment 3 This payment shall be inclusive of: • Permitting: All permit fees, approvals and related costs. The City agrees that it will not separately charge Sound Transit additional permit or approval-related fees. The scope of this Task Order 2 includes City activities necessary to facilitate all permits and approvals required for completion of the FWLE Project. The Parties have developed a Preliminary Permitting Plan which identifies anticipated permits and is included as Attachment 2 to this Task Order. The Plan includes timelines and milestones for City review and approval of Project permit submittals. Sound Transit's D-B Contractor will further refine and finalize the Preliminary Permitting Plan to create a Final Permitting Plan, that will be reviewed and approved by the City as detailed in the executed Development Agreement between Sound Transit and the City. The Final Permitting Plan will provide a framework that supports approval of construction permits within mutually agreed upon timeframes that support the overall Project schedule. • Staffing: All staffing related costs necessary to support the overall project schedule and as detailed in this Task Order. Staffing is required to support the following three phases. Phase 1: Design Review/ Early Construction: This phase covers staffing services from the time of issuance of D-B Contractor NTP until the start of heavy construction (i.e., when the design review and permitting processes are substantially complete), which is estimated to occur in February 2020. Phase 2: Heavy Construction: This phase covers staffing services through the entirety of the heavy construction phase,which is estimated to begin in March 2020 and to conclude in March 2023. Phase 3: Systems/ Rail Activation / Project Closeout: This phase covers staffing services from the conclusion of heavy construction until the following three conditions are met: 1) construction inspection activities end, 2) punch list items are accepted via a letter from the City, and 3) building inspection services end and the last Certificate of Occupancy is issued. Costs of permitting will be paid to the City in quarterly installments and are reflected in the respective payment estimates below. Task Order 2 Attachment 1 GA 0183-17 Page 1 Invoicing and Payment. Payments will be made to the City under this Task Order 2 as follows: • Staffing and Permitting Costs: Sound Transit shall pay the City a fixed fee of six-million-seven- hundred-thousand dollars($6.7 million)to cover all staffing, permitting and related costs.This shall be paid to the City in twenty(20)equal payments of three-hundred and thirty-five thousand dollars ($335,000) for work beginning in Q3 2019. A total of nineteen (19) payments will be paid within 30 days of submission for work completed in the previous quarter, starting in Quarter 4 2019 and ending in Quarter 2 2024. The final installment(20th of 20)will be made payable upon achievement of the following: 1) construction inspection activities end, 2) punch list items are accepted via a letter from the City, and 3) building inspection services end and the last Certificate of Occupancy is issued. If completion of these items occurs later than Q2 2024, payment will be made 30 days after completion of the items. The payment plan is captured in Attachment 3. • City Progress Reports:The City shall submit to Sound Transit quarterly progress reports and an invoice for the quarterly payment as described above. Progress reports will include a description of services provided by the City during the payment period, focusing on progress made and work completed toward agreed upon activities and milestones identified in Attachments 3,and shall use the progress report template included in Attachment 3. • Hourly Records:The City will not be required to submit records of hourly staff time spent on the project, as the payment is based on the City meeting agreed upon activities and milestones. Scope of Work. A. Project Management and Administration. A.1. Management and Administration. The key purpose of this task is to provide accurate and timely project administration and production of quality work products to allow for Sound Transit's design and construction of the Project. This task will be continuous throughout the duration of this Task Order (which extends through Project closeout—anticipated based on current schedule to be in 2024) and includes the work necessary to set up and participate in meetings, design reviews, construction progress meetings, monthly or quarterly invoicing, monitoring and reporting progress, and providing overall Project coordination. The Parties anticipate that work plans will be developed as the Project proceeds to provide greater specificity on tasks and durations of activities,which will allow for the flexibility needed to respond to the D-B construction process. These work plans may be produced for milestone phases, on an annual or other basis as mutually agreed by the Parties. Deliverables • Provide quarterly invoicing and progress reporting and ongoing project management activities. • Develop and/or refine, in collaboration with Sound Transit, annual or milestone City work plans detailing City support to be provided to the Project. A.2. City Proiect Liaison. The key purpose of the City Project Liaison is to participate in and facilitate the intensive coordination with Sound Transit required to deliver the FWLE Project. The City Project Liaison will be colocated at least 50%of the time at the project office.This Task Order presumes that the City Project Liaison position will be funded by Sound Transit at 100%of an FTE. Given the mutual interests of both Sound Transit and the City in ensuring the City Project Liaison is qualified and effective in Task Order 2 Attachment 1 GA 0183-17 Page 2 discharging their duties,the City shall consult with Sound Transit on the best-qualified candidate should this position need to be refilled. Deliverables • Colocation of City Project Liaison • Provide a job description for the City Project Liaison. • Select the best-qualified candidate for the position. A.3. Coordination and Communication. The key purpose of coordination and communication during all phases is to participate with Sound Transit to effectively deliver the Project. Activities include participating in project coordination meetings and preparing for and/or following up on key topics to advance resolution of issues that may arise during delivery of the Project. Deliverables • Attend Sound Transit project coordination meetings. B. Phase 1: Design Review/Early Construction. 8.1. Over-the-Shoulder Design Review. The key purpose of this task is for the City's Project Liaison to participate in the design review process,working closely with Sound Transit and Sound Transit's D-B Contractor to ensure timely review of D-B Contractor designs and materials and resolution of identified issues and to include appropriate city subject matter experts when applicable. This process will be ongoing throughout the Design Review process. It is anticipated that the City Project Liaison will be co- located (at least part-time) at the Project office during this phase, and through Project heavy construction, and their primary function will be to identify and resolve issues with Sound Transit,the D- B Contractor and other city staff to support the design process and development of plans that satisfy the City's permitting requirements. Deliverables • Co-location of City Project Liaison at Sound Transit's construction project office,with the amount of time spent to be determined based on Project workload. • Attend construction progress and other meetings. • Participate in resolving issues resulting from review of D-B Contractor design submittals. B.2. Review of D-B Contractor Submittals. As part of this task,the City will participate in Sound Transit's review of D-B Contractor design submittals, pursuant to commitments made in the City's Development Agreement and as part of fulfilling commitments for expeditious Project permitting. Close coordination, through regularly scheduled meetings referenced in Section A.1 of this Task Order and additional meetings as needed, will be necessary to advance, review and communicate issues with the City and to seek feedback or concurrence from the City. The City will be responsible for performing reviews of document submittals and returning unified and coordinated comments from all relevant City departments within a timeframe mutually agreed upon with Sound Transit. If for any reason the City requires additional review time,the City will notify Sound Transit as soon as possible. Deliverables • Provide consolidated and coordinated comments on D-B Contractor Design submittal packages, consistent with the D-B Contractor's final Project Permitting Plan. Task Order 2 Attachment 1 GA 0183-17 Page 3 • Review and submission of consolidated comments on other D-B Contractor submittals, including but not limited to: o Transportation Management Plan o Maintenance of Traffic Plan(s) o Construction Noise and Vibration Mitigation Plan o Construction Outreach and Communication Plan B.3. Review/Approve D-B Contractor Final Permitting Plan. The City will participate in the development, review, and approval of a Final Permitting Plan submitted by Sound Transit's D-B Contractor. The Plan will include City commitments for timely and expedited review of design and permit submittal packages. Deliverables • Submit consolidated and coordinated comments on D-B Contractor draft Project Permitting Plan. • Work in good faith to resolve comments on draft Project Permitting Plan. • Approve final D-B Contractor Project Permitting Plan. B.4. Permitting Early Work. There will likely be activities during this phase requiring the issuance of City permits. The following activities are currently anticipated. 8.4.1. Permitting for Early Demolition. Sound Transit began the process of acquiring property needed for Project construction and operation in 2017. Some of the properties being acquired in the City have structures that will require demolition as part of D-B Contractor activities. The key purpose of this activity is to coordinate on the demolition permitting process. Deliverables • Support process to expedite review of permits required for demolition activities consistent with the final Project Permitting Plan. 8.4.2. Permitting for Early Foundation Construction. Under this task, City staff will work with Sound Transit and its D-B Contractor to review and permit early work installing structural and other foundations in advance of heavy construction. Deliverables • Support process to expedite review of permits required for installation of structural and other foundations consistent with the final Project Permitting Plan. B.4.3. Permitting for Clearing and Grading. Under this task, City staff will work with Sound Transit and its D-B Contractor to review and permit early work for clearing and grading the Project area in advance of heavy construction. Deliverables • Support process to expedite review of permits required to begin clearing and grading work consistent with the final Project Permitting Plan. Task Order 2 Attachment 1 GA 0183-17 Page 4 B.S. Early Utility Relocation. City staff will work with Sound Transit and its D-B Contractor to review and approve plans for early work to relocate utilities in advance of Project heavy construction. Deliverables • Expedited review and approve early utility relocation plans and submittals consistent with City of Kent Design and Construction Standards. B.6. Stormwater Coordination. Under this task, City staff will work with Sound Transit and its D-B Contractor to review and approve design of stormwater infrastructure constructed as part of the Project. Deliverables • Expedited review and approval of infrastructure that will be constructed as part of the Project to manage stormwater consistent with the final Project Permitting Plan. C. Phase 2: Heavy Construction. C.1. Permitting. Consistent with the Final Project Permitting Plan, developed during the early construction phase, the City will provide timely review in processing of D-B Contractor permit submittals in a way that supports the design/build construction approach and the overall construction schedule. Deliverables • Expedited review and approval of permits as issued to Sound Transit's D-B Contractor for Project construction consistent with the final Project Permitting Plan. C.2. Design Review of Change Orders. As part of this task, City staff will review change orders, as requested by Sound Transit, that affect City rights-of-way or for which the City may have permitting authority. The City will review and approve changes to permits if change orders result in a change to permit approvals. All change orders must be consistent with City codes and/or all other applicable agreements between Sound Transit and the City of Kent. Deliverables • Provide review and input into Project Change Orders, as requested by Sound Transit. • Submit consolidated and coordinated comments on Project Change Orders to Sound Transit on a timeline mutually agreed to and based on the magnitude of the Change Order proposed, provided changes are consistent with City code and all applicable agreements. C.3. Proiect Inspection, The reimbursement of City staff time for Project inspection activities will focus on all infrastructure constructed as part of the Project except for those portions of the guideway structure beyond column foundations within the City right-of-way, to support the process of acceptance discussed under Section E. The following categories have been identified for City inspection services and should be used by the City for the purposes of administration and invoicing. C.3.1. Civil Inspection C.3.2. Tree Replacement/ Landscaping Inspection C.3.3. Stormwater Inspection Task Order 2 Attachment 1 GA 0183-17 Page 5 C.3.4. Mechanical Inspection C.3.5. Building Inspection C.3.6. Structural Inspection C.4. Utility Relocation. During this phase, City staff will be asked to review and approve relocation plans for utilities owned by the City and/or private utilities located on City property or within public rights-of- way. The City will work with Sound Transit and its D-B Contractor to provide timely review of plans submitted and to perform site inspection activities as warranted. • Review, approve, and inspect, as needed, utility relocation plans and submittals. C.S. Fire/Life/Safety Coordination. Puget Sound Regional Fire staff, contracted by the City,will review for fire/life/safety issues as they relate to Project design and construction. Deliverables • Review and provide consolidated input and comments on Project issues as they relate to Fire/Life/Safety. C.6. Maintenance of Traffic and Transportation. Under this task, City staff will review and approve maintenance of traffic (MOT) and other plans for temporary traffic controls proposed by Sound Transit's D-B Contractor. Deliverables • Attend MOT and other meetings to discuss maintenance of traffic and transportation. • Review and approve MOT submittals provided by Sound Transit's D-B Contractor. C.7. Right-of-Way(ROW). The purpose of coordination between the City and Sound Transit during this phase is to track and facilitate the process of required vacation of City rights-of-way and the dedication and recordation of property transfers that may be made between the Parties. Deliverables • Coordinated vacation of public rights-of-way. • Recordation of property transfers. D. Phase 3: Systems/Rail Activation/Project Closeout. D.1. Fire/Life/Safety Inspection. In this task, Puget Sound Regional Fire Authority, under contract to the City of Kent,will inspect structures and other elements constructed as part of the Project to ensure that fire, life, and safety measures are certified, as appropriate, documenting their incorporation into the Project. D.2. Noise Monitoring/Testing. The City will be informed of the opportunity to review any noise analysis and/or testing through over-the-shoulder review and formal submittal of design packages related to the construction of noise wall or other mitigations to minimize LRT-generated noise. Task Order 2 Attachment 1 GA 0183-17 Page 6 D.3.Acceptance of City Project Infrastructure. In this task,the City will work with Sound Transit construction staff to appropriately document the acceptance of City infrastructure constructed as part of the Project. D.4. Certificates of Occupancy. The City will work with Sound Transit to ensure timely issuance of certificates of occupancy required for Project infrastructure, including LRT stations, parking garages, and other occupied structures. Deliverables • Punch list items are accepted via a letter from the City. • Building inspection service ends and the last Certificate of Occupancy is issues as appropriate. • Acceptance of record drawings. Task Order 2 Attachment 1 GA 0183-17 Page 7 Task Order 2—Attachment 2 z s = Ll 3 Y y j? 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[Project Manager Name] [Title] Task Order 2 Attachment 3 GA 0183-17 Page 4 Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Payment Progress Detail Template (Please Submit with each invoice) Invoice#: Period covered: PHASE 1: Design Review/Early Construction Key City Activities Achievement Milestones • Participate in the development, review, and • City Liaison is co-located at Sound Transit's approval of a Final Permitting Plan including the construction project office development of an agreed to process for • Final Permitting Plan approved by Sound expedited permit review and approval Transit and City including the process to • Participate in the timely review of design expedite permit review submittals of early work and return consolidated • Final Contractor mitigation plans approved by and coordinated comments from all relevant Sound Transit and the City City departments • City issues permits needed to begin early • Participate in resolving issues resulting from construction activities, such as demolition and review of the design submittals clearing and grading, to support Project • Review and approve other Contractor required schedule plans • Review and approve plans for early work to relocate utilities • Provide accurate and timely project administration and coordination • Participate in project coordination meetings Please insert narrative summarizing activities and progress towards achievement milestones: Task Order 2 Attachment 3 GA 0183-17 Page 5 Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Payment Progress Detail Template (Please Submit with each invoice) Invoice#: Period covered: PHASE 2: Heavy Construction Key City Activities Achievement Milestones • Participate in permit-focused, over-the- • City issues permits needed for heavy shoulder, discipline-specific meetings described construction activities, including site in the D-B Permitting Plan construction, building, and trade permits, to • Provide timely review and processing of design support Project schedule and permit submittals in a way that supports the construction approach and the overall construction schedule • Participate in resolving issues resulting from review of the design submittals • Review change orders as requested that affect City rights-of-way • Provide timely inspection activities on infrastructure constructed as part of the Project that will be under the City's ownership Please insert narrative summarizing activities and progress towards achievement milestones: Task Order 2 Attachment 3 GA 0183-17 Page 6 Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Payment Progress Detail Template (Please Submit with each invoice) Invoice #: Period covered: PHASE 3: Systems/Rail Activation/Project Closeout Key City Activities Achievement Milestones • Track and facilitate the process of required • Heavy construction and inspection activities vacation of City rights-of-way and dedication end and recordation of property • Punch list items are accepted via a letter from • Resolve any outstanding issues as they arise the City • Review and accept record drawings • Building inspection services end and the last • Complete Acceptance of Work activities such as Certificate of Occupancy is issued as by issuing letters of acceptance appropriate • Complete and document inspections to ensure permitted work is executed according to permit requirements Please insert narrative summarizing activities and progress towards achievement milestones: Task Order 2 Attachment 3 GA 0183-17 Page 7 risen t' Rou'tin' g V Form berley A. Ko noto City Clerk orgo Signatures and Records Management 220 4th Avenue South ro This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. Kent, WA 9803 K EN T (Print on pink or cherry colored paper) Fax: 253-856-6725 Originator: Kell Peterson Department: 53 856 5728 Y Admin4�t� pr�„ ':. m Date Sent: June 14, 2019 Date Required: June 19, 20 R > Authorized Director Date of ❑ ® June 18, 2019 IL to Sign: Council CIMayor Approval: Budget R20085 Grant? 7 Yes No Account Number., Type: N/A Vendor Sound Transit Category: Contract Name: g ry Vendor o Number: 56811 Sub-Category Supplement EProject Task Order #2 to City Services Agreement with Sound Transit ,. Name: .q 0 C Project Reimbursement for city expenses to review the FWLE W Details: E Agreement $6,700,000 Basis for Amount: Selection of Interlocal Agmt L v� Contractor: Q Start Date: July 1, 2019 Termination Date: 2024 Notice required prior to Yes No disclosure? Contract Number: IIA&r e? Date Received byCityAttorney: Comments: C IIA � Date Routed to the Mayor's Office: VA (Plf-7 � aDate Routed to the City Clerk's Office: m Date Sent to Originator: v� Visit Documents.KentWA.gov to obtain copies of all agreements Q Y '= adccW22373 6 19 'o Mayor Dana Ralph - City of Kent Administration Derek M. Matheson, CAO Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Kell Peterson Department: Y Administration Date Sent: June 14, 2019 Date Required: June 19, 2019 is iAuthorized Director Date of June 18, 2019 CL a Mayor to Sign: Council Q Approval: Budget R20085 Grant? Yes R1 No Account Number: Type: N/A Vendor Sound Transit Category: Contract Name: g ry' c Vendor o Number: 56811 Sub-Category Supplement M Project Task Order #2 to City Services Agreement with Sound Transit Name: 0 Project Reimbursement for city expenses to review the FWLE Z Details: E Agreement $6,700,000 Basis for d Amount: Selection of Interlocal Agmt L Contractor: a+ Q Start Date: July 1, 2019 Termination Date: 2024 Notice required prior to disclosure? 0 Yes No Contract Number., Date Received by City Attorney: Comments: vs c 3 0 N >V 3 R .p� Date Routed to the Mayor's Office: Vf a0i Date Routed to the City Clerk's Office: �r Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19