HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 08/15/2023 KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, August 15, 2023
W A S H IN G T O N
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
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Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
Councilmember Marli Larimer Councilmember Toni Troutner
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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. BUSINESS
Operations—Council President Boyce, Subject Matter Chair
A. Approval of Minutes YES
Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 1,
2023 4:00 PM
B. Consolidating Budget Adjustment YES Michelle Ferguson 05 MIN.
Ordinance for Adjustments
Committee of the Whole Committee of the Whole - August 15, 2023
Regular Meeting
between April 1, 2023 and June
30, 2023 - Adopt
C. INFO ONLY: June 2023 Financial NO Michelle Ferguson 10 MIN.
Report
Public Works—Council member Fincher, Subject Matter Chair
D. Federal Way Link Extension YES Derek Hawkes 05 MIN.
Staffing Agreement - Authorize
S. ADJOURNMENT
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person, in
which case, the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.cov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
Pending Approval
Kent City Council - Committee
of the Whole
KENT Committee of the Whole -
W A 5 H I N G T O N
Regular Meeting
Minutes
August 1, 2023
Date: August 1, 2023
Time: 4:00 p.m.
Place: Chambers
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1. CALL TO ORDER
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Council President Boyce called the meeting to order. -
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2. ROLL CALL P
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Attendee Name Title Status Arrived a
Bill Boyce Council President Present
Brenda Fincher Councilmember Present a
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Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present M
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Zandria Michaud Councilmember Present N
Les Thomas Councilmember Present Irr
Toni Troutner Councilmember Present a
3. AGENDA APPROVAL y
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A. I move to approve the agenda as presented.
RESULT: MOTION PASSES [UNANIMOUS] c
MOVER: Les Thomas, Councilmember Q.
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner a
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4. DEPARTMENT PRESENTATIONS g
Operations
A. Approval of Minutes YES
Committee of the Whole - Committee of the Whole - Regular Meeting - Jul 18,
2023 4:00 PM
Packet Pg. 3
Kent City Council - Committee of the Whole August 1, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 8/15/2023 7:00 PM
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MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember o
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner o
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Parks
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C. T-Mobile - West Fenwick Park Cell Tower Lease Renewal - a
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Authorize
Garin Lee, Operations Superintendent for the Parks Pepartment, provided o
details on the T-Mobile - West Fenwick Cell Tower Lease. N
MOTION: I move to authorize the Mayor to sign the
Reinstatement and Addendum Two to the Lease Agreement a
with Sprint Spectrum Realty Company, LLC for a cell tower
located at West Fenwick Park, that extends the lease five years 2
with three additional five-year extension options, and ratify all c
acts consistent with this motion, subject to final terms and
conditions acceptable to the City Attorney and Parks Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 8/15/2023 7:00 PM
MOVER: Zandria Michaud, Councilmember a
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
5. ADJOURNMENT
Council President adjourned the meeting at 4:05 p.m.
Meeting ended at 4:05 p.m.
Ki,v► &,rZey A. Ko-wwto-
City Clerk
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5264
DATE: August 15, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
between April 1, 2023 and June 30, 2023 - Adopt
MOTION: I move to adopt Ordinance No. 4472, consolidating budget
adjustments made between April 1, 2023 and June 30, 2023, reflecting an
overall budget increase of $4,638,240.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $4,638,240.
Adjustments totaling $4,248,390 have previously been approved by Council and are
summarized as follows:
$4,248,390 in grants as follows:
$2,930,000 Department of Commerce grant for Mill Creek at 761" flood
protection.
$807,000 WSDOT Highway Safety Improvement grant for 1041" Avenue
Pedestrian improvements.
$397,800 WSDOT grant for school zone flashers as part of the Safe Route to
Schools Program.
$224,790 King County flood control grant for James Street stormwater
improvements.
$111,000 WSDOT Highway Safety Improvement grant for Canyon
Drive/Weiland Street Access Control.
$25,000 Department of Ecology grant for Water Quality Stormwater
Capacity.
$34,570 in miscellaneous adjustments to Criminal Justice Grants (2022 JAG
and State Farm Illegal Street Racing grant).
$(281,770) reduction of King County grant for 841" East Valley Highway
Slump Repair to reflect actuals spent.
The remaining adjustments totaling $389,850 have not been previously approved
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4.B
by Council. Highlights include:
$200,000 for the transfer ($100k) and use ($100k) of Facilities Operating
Fund balance for the Shops Security Project.
$106,520 for the transfer ($53k) of Capital Resource funds to the Criminal
Justice Fund and use ($53k) of those funds for an increase in cost for the PD
Firing Range.
$83,330 for Admin, ECD and Park's share of the cost of a Federal Lobbyist
($100k). Note that PW's portion ($16.7k) is included in the Street Fund, but
the expense is offset by an allocation, for a net zero budget impact.
The remaining adjustments relate to closing various Public Works projects
and moving unused funds to miscellaneous projects in other funds. These
adjustments have a net zero impact Citywide, with the most significant being
a $1.1m movement of unused funds upon closing the 7611 Avenue Road
Raising project (Fund 3100) and moving funds to Street's unallocated B&O
project (Fund 1100).
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q2 2023 Supp (PDF)
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ORDINANCE NO. 4472 3
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AN ORDINANCE of the City Council of the r-
City of Kent, Washington, approving the
consolidating budget adjustments made between o
April 1, 2023 and June 30, 2023, reflecting an
overall budget increase of $4,638,240. E
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RECITALS
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A. Expenditures as classified in the final, adopted budget
constitute the city's appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining U
agreements and additional budget requests. These modifications are
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periodically consolidated into a supplemental budget adjustment ordinance
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amending the original adopted budget. cn
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, cM
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: c
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ORDINANCE O
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SECTION 1. - Budget Adiustments. The 2023-2024 biennial budget
is amended to include budget fund adjustments for the second quarter of a
2023 from April 1 to June 30, 2023, as summarized and set forth in Exhibit
"A," which is attached and incorporated into this ordinance. Except as m
1 2023-2024 Budget Adjustment E
Second Quarter 2023
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amended by this ordinance, all terms and provisions of the 2023-2024 a
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biennial budget Ordinance No. 4451, as amended by Ordinance No. 4465,
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shall remain unchanged.
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SECTION 2. - Severability. If any one or more section, subsection, E
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or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance a
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
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approval of the City Attorney, the City Clerk and the Code Reviser are
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authorized to make necessary corrections to this ordinance, including the E
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correction of clerical errors; ordinance, section, or subsection numbering; or Q
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 4. - Effective Date. This ordinance shall take effect and be
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in force five days after publication, as provided by law.
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September 5, 2023
DANA RALPH, MAYOR Date Approved M
ATTEST:
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September 5, 2023 N
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted cY
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September 8, 2023
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Date Published
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APPROVED AS TO FORM: E
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TAMMY WHITE, CITY ATTORNEY
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2 2023-2024 Budget Adjustment E
Second Quarter 2023
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Exhibit A -
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City of Kent a
Budget Adjustment Ordinance
Adjustments April 1, 2023 to June 30, 2023
Previously Approval Total
Fund Title Adjustment E
Approved Requested Ordinance 0
General Fund - 83,330 83,330 "�
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Street Fund - 1,100,000 1,100,000 0
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Capital Resource Fund - 53,260 53,260 0
Criminal Justice Fund 34,570 53,260 87,830 r-
Street Capital Projects 1,034,030 (1,100,000) (65,970)
Facilities Capital Projects - 100,000 100,000 O
Water Operating Fund - (2,470) (2,470)
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Sewerage Operating Fund - 1,100 1,100 E
Drainage Operating Fund 3,179,790 1,370 3,181,160 Z
Facilities Management Fund - 100,000 100,000 Q
Total 4,248,390 389,850 4,638,240 a�
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Budget Adjustment Detail for Budget Changes
April 1, 2023 to June 30, 2023 Q
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Approval Previously Not Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance 3
General Fund
Admin,ECD and Parks portion of Federal Lobbyist 83,330 83,330 N
Total General Fund - 83,330 83,330 E
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Street Fund E
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Move unused funds from 76th Ave Road Raising to Unallocated B&O 3100 1,100,000 1,100,000 In
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Total Street Fund - 1,100,000 1,100,000 :a
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Capital Resource Fund
Transfer of funds to Criminal Justice Fund for Firing Range Increase 1600 53,260 53,260 4-
Total Capital Resource Fund - 53,260 53,260 d
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Criminal Justice Fund
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2022 JAG Grant for Generalist K9 program KCC 3.70 15,000 15,000 :a
2022 JAG Grant for Graffiti Removal Supplies KCC 3.70 5,000 5,000 i
2022 JAG Grant for New Connections/Life Skills Classes KCC 3.70 26,720 26,720 O
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PD Firing Range Increase 1500 53,260 53,260
Reduce State Farm Illegal Street Racing grant to actuals KCC 3.70 (12,150) (12,150) 4)
Total Criminal Justice Fund 34,570 53,260 87,830 N
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Street Capital Projects
Close 76th Avenue Road Raising and move unused funds to 1100 1100 (1,100,000) (1,100,000) Q
Reduce grant budget to actuals for 84th E.Valley Hwy Slump Repair 12/21/2021 (281,770) (281,770)
WSDOT HSIP Grant for Canyon Drive/Weiland Street Access Control 10/18/2022 111,000 111,000 CO
WSDOT HSIP Grant for 104th Avenue Pedestrian project 10/18/2022 807,000 807,000
WSDOT Grant for school zone flashers(Safe Route to Schools program) 9/6/2022 397,800 397,800 m
Total Street Capital Projects Fund 1,034,030 (1,100,000) (65,970) CO
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Facilities Capital Projects
Shops security fence funded from Facilities Operating fund balance 5400 100,000 100,000
Total Facilities Capital Projects - 100,000 100,000 N
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Water Operating Fund G
Close Master Program Logic Controller to miscellaneous drainage 4400 (290) (290) V
Close Master Program Logic Controller to miscellaneous sewer 4300 (290) (290) p)
Close East Hill Mineral Bins to miscellaneous sewer 4300 (810) (810)
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Close East Hill Mineral Bins to miscellaneous drainage 4400 (1,080) (1,080) M
Total Water Operating Fund - (2,470) (2,470) Ct
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Sewerage Operating Fund 7
Close Master Program Logic Controller to miscellaneous sewer 4100 290 290
Close East Hill Mineral Bins to miscellaneous sewer 4100 810 810 M
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Total Sewerage Operating Fund - 1,100 1,100 G
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Drainage Operating Fund (f
Close Master Program Logic Controller to miscellaneous drainage 4100 290 290 4)
Close East Hill Mineral Bins to miscellaneous drainage 4100 1,080 1,080 V
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DOE Grant for Water Quality Stormwater Capacity KCC 3.70 25,000 25,000 !C
KC Flood Control Grant for James Street Stormwater Improvements 4/4/2023 224,790 224,790
DOC Grant for Mill Creek at 76th flood protection 4/4/2023 2,930,000 2,930,000 13
Total Drainage Operating Fund 3,179,790 1,370 3,181,160
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Facilities Management Fund 4)
Use(transfer)of fund balance to Shops Security 3500 100,000 100,000 E
Total Facilities Management Fund - 100,000 100,000
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Grand Total All Funds 4,248,390 389,850 4,638,240 ++
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: August 15, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: June 2023 Financial Report
SUMMARY: Michelle Ferguson, Financial Planning Manager, will report out the June
2023 Financial Report.
ATTACHMENTS:
1. June 2023 Financial Report (PDF)
Packet Pg. 11
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2023 Monthly • •
City of - . •
General Fund Overview
2023 2023
Revenues 117,372,750 56,718,174
Expenditures 120,788,310 52,544,978
Net Revenues Less Expenditures (3,415,560) 4,173,195
Beginning Fund Balance 50,920,209
Ending Fund Balance 47,504,649
39.3% c
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Required Ending Fund Balance Calculation c
Estimated Expenditures for 2023 (from above) 120,788,310 J
18.0% z
18% GF Ending Fund Balance 21,741,896 O
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$in General Fund Ending Fund Balance 10- ear History (excluding Annexation
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million g Y Y g
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50.92 47.50
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32.98
30.00 21.66
18.92 20.65
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9.46 11.91
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2014 2015 2016 2017 2018 2019 2020 2021 Prelim 2022 Est. 2023
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Page 1 of 14
Packet Pg. 12
2023
Monthly Report
po 4.C.a
City of •
General Fund Overview - Revenues
CategoriesRevenue
Taxes:
Property 15,670,870 8,484,029
Sales & Use 30,323,830 16,128,722
Utility 241349,760 13,625,506
Business & Occupation 19,120,500 4,961,799
Other 806,120 320,554 a00
Licenses and Permits 7,468,380 3,322,053
Intergovernmental Revenue 3,246,020 2,023,941
Charges for Services 6,632,210 3,377,790
Fines and Forfeitures 738,080 376,312 ii
Miscellaneous Revenue 2,016,600 2,147,468 0
Transfers In 7,000,380 1,950,000 `"
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Total Revenues 117,372,750 56,718,174
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2023 Budgeted General Fund Revenues o
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B&O Taxes
16% Other Taxes V-
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0.7% Q-
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Licenses and
Permits U
Intergovernmental
Utility Taxes 6% 6%
21% ii
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Charges for Services N
6% 0
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Other
17% Ines an or eI s
1% a�
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Misc&Transfers In
8% Q
Sales Taxes Property Taxes
26% 13%
Page 2 of 14
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ReportJune 2023 Monthly Financial
City of Kent, Washington
General Fund Revenues ($ in Thousands)
All Revenues Sources
Prior Year Budgeted Actual
$160,000 Revenues Revenues Revenues
$140,000 January 6,113 6,140 6,450
February 5,033 5,523 6,204
$120,000 March 7,099 7,600 9,524
$100,000 - - April 21,928 19,548 16,944
$80,000 May 10,834 9,079 10,441
$60,000 June 6,013 6,429 7,157 _
July 9,739 8,509 0
0
$40,000 August 7,994 6,240 0 0.
$20,000 - September 6,622 6,327 0
$0 October 21,272 20,657 0
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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 11,145 8,784 0
December 20,582 12,537 0
23 Bud f22 Prelim 23Act Total 134,376 117,373 56,720 �
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PropertyPrior Year Budgeted Actual
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$35,000 Revenues Revenues Revenues
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$30,000 January - 0 0 Z
February 57 99 125 O
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$25,000 March 1,289 578 648 Z
$20,000 April 12,892 6,037 6,254
May 3,048 1,276 1,378 �
$15,000 - June 101 279 80 M
$10,000 _ July 59 69 0
August 214 74 0 CL
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$5,000 September 415 251 0
$0 October 11,127 5,726 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 3,487 1,182 0 C
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December 147 99 0 r-
23 Bud f22 Prelim 23 Act Total 32,835 15,671 8,484
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Prior Year Budgeted Actual
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$35' 000 Revenues Revenues Revenuesi�
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$30,000 January 2,063 2,328 2,202
February 2,329 2,731 2,609 v
$25,000 - March 2,112 2,343 2,717
$20,000 April 2,063 2,161 2,711 Q
May 2,411 2,592 3,087
$15,000 June 2,167 2,384 2,803
$10,000 July 2,239 2,192 0
August 2,595 2,688 0
$5,000 September 2,334 2,528 0
$0 October 2,379 2,558 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,445 2,719 0
December 2,806 3,098 0
�23 Bud f22 Prelim -4-23 Act Total 27,944 30,324 16,129
Page 3 of 14 Packet Pg. 14
ReportJune 2023 Monthly Financial 4.C.a
City of Kent, Washington
General Fund Revenues ($ in Thousands)
Utility Tax
Prior Year Budgeted Actual
$30,000 212evenues Revenues Revenues
January 1,980 2,415 2,517
$25,000 February 1,889 2,039 2,233
$20,000 March 1,805 2,066 2,272
April 1,859 2,172 2,452
$15,000 - - May 1,745 1,975 2,209 _
June 1,690 1,816 1,943 0
0
$10,000 July 1,713 2,149 0 0.
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$5,000 -
August 1,581 1,877 0
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September 1,672 2,078 0
$0 October 1,656 1,874 0
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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,575 1,934 0
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December 1,878 1,955 0 C")
23 Bud f22 Prelim --+--23Act N
Total 21,044 24,350 13,626 0
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Other TaxesPrior Year Budgeted Actual
$10,000 - - Revenues Revenues Revenues J
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January 2 80 2 0
$8,000 - February 3 3 2 LL
March 79 10 33 Z
$6,000 - April 3,087 3,211 3,373 Q
May 1,549 1,579 1,772 M
$4,000 - - June 97 200 100
July 3,501 3,902 0 0
$2,000 - August 1,493 1,246 0 m
September 141 154 0
$0 1 1 1October 3,591 4,074 0 r-
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,234 1,113 0 c
December 5,670 6,025 0 LL
23 Bud A 22 Prelim --+--23 Act ce)
Total 20,448 21,599 5,282 N
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Other
(Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues)
Prior Year Budgeted Actual
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$35,000 Revenues Revenues Revenues E
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$30,000 January 2,068 2,595 1,728 um
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February 755 926 1,236 Q
$25,000 - March 1,815 2,352 3,855
$20,000 _ April 2,028 1,968 2,154
May 2,081 1,725 1,996
$15,000 June 1,957 2,418 2,231
$10,000 - July 2,227 2,124 0
August 2,110 1,512 0
$0$5,0 September 2,059 2,172 0
$0 October 2,520 2,666 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,404 1,891 0
December 10,082 4,753 0
23 Bud f22 Prelim �23Act
Total 32,106 27,102 13,199
Page 4 of 14 Packet Pg. 15
2023
Monthly Report
po 4.C.a
City of •
General Fund Overview - Expenditures
City Council 440,600 214,242
Administration 3,310,760 869,752
Economic & Community Dev 10,365,330 4,970,308
Finance 3,467,640 1,665,581
Fire Contracted Services 4,109,990 2,107,446 0
Human Resources 2,323,130 1,044,277 0-
Law 1,647,990 645,635
Municipal Court 4,254,230 1,868,559
Parks, Recreation & Comm Svcs 23,264,010 10,064,122
Police 55,556,550 26,488,514 U_
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Non-Departmental 12,048,080 2,606,398 0
Total Expenditures 120,788,310 52,544,978 m
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2023 Budgeted General Fund Expenditures o
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Police LO
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Non-Department 0.36% m
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Finance
Parks, Recreation &
3%
Comm Svcs Fire Contracted Services
19% Municipal Court 3%
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Page 5 of 14
Packet Pg. 16
2023
Monthly Report
po 4.C.a
City of •
General Fund
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Actual Actual Adj Budget YTD
Beginning Fund Balance 41,969,901 47,660,526 50,920,209 50,920,209
Revenues
Taxes:
Property 32,052,967 32,835,026 15,670,870 8,484,029
Sales & Use 24,828,972 27,943,579 30,323,830 16,128,722 0
Utility 20,262,726 21,048,283 24,349,760 13,625,506
Business & Occupation 17,060,649 19,517,633 19,120,500 4,961,799
Other 613,502 930,044 806,120 320,554
Licenses and Permits 7,171,129 8,567,857 7,468,380 3,322,053
Intergovernmental Revenue 3,297,871 3,406,561 3,246,020 2,023,941 U-
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Charges for Services 5,299,515 8,492,824 6,632,210 3,377,790 0
Fines and Forfeitures 809,361 590,339 738,080 376,312 m
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Miscellaneous Revenue 1,192,043 (375,462) 2,016,600 2,147,468 3
Transfers In 1,442,364 11,445,001 7,000,380 1,950,000
Total Revenues 114,031,100 134,401,684 117,372,750 56,718,174 0
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Expenditures Z
City Council 272,914 288,639 440,600 214,242 c
Administration 2,847,633 3,031,347 3,310,760 869,752 0
M
Economic & Community Dev 7,469,721 7,791,962 10,365,330 4,970,308
Finance 2,574,151 2,810,207 3,467,640 1,665,581 Q.
Fire Contracted Services 3,357,891 3,900,542 4,109,990 2,107,446
Human Resources 1,529,193 1,795,361 2,323,130 1,044,277
Law 1,444,860 1,383,659 1,647,990 645,635
Municipal Court 3,386,007 3,433,032 4,254,230 1,868,559 E
ii
Parks, Recreation & Comm Svcs 17,758,211 19,439,188 23,264,010 10,064,122 M
CD
Police 45,793,526 50,394,511 55,556,550 26,488,514 N
Public Works (720) - 145 c
Non-Departmental 21,957,021 36,289,679 12,048,080 2,606,398
.o
Total Expenditures 108,390,407 130,558,126 120,788,310 52,544,978 :a
E
Net Revenues less Expenditures 5,640,693 3,843,558 (3,415,560) 4,173,195 a
a
Ending Fund Balance 47,610,594 51,504,084 47,504,649 55,093,405
Ending Fund Balance Detail:
General Fund Reserves 47,660,526 50,920,209 47,504,649
based on same year actuals/budget 44.0% 39.0% 39.3%
Page 6 of 14
Packet Pg. 17
4.C.a
June 2023 Monthly Financial Report
City of Kent, Washington
General Fund
Year-to-Year Month Comparison
2021 i % 011
thru June thru June thru June Variance BudgQ
Revenues
Taxes:
Property 17,016,862 17,385,913 8,484,029 (8,901,884) -51.2% 54.1%
Sales & Use 11,880,667 13,145,482 16,128,722 2,983,240 22.7% 53.2%
Utility 9,493,505 10,968,522 13,625,506 2,656,984 24.2% 56.0%
Business &Occupation 4,152,775 4,580,641 4,961,799 381,158 8.3% 26.0%
Other 98,907 236,252 320,554 84,302 35.7% 39.8% a
Licenses and Permits 3,215,319 4,089,049 3,322,053 (766,996) -18.8% 44.5%
Intergovernmental Revenue 1,628,258 1,679,254 2,023,941 344,688 20.5% 62.4% F0
Charges for Services 2,201,913 3,432,876 3,377,790 (55,086) -1.6% 50.9% -5
Fines and Forfeitures 450,638 314,252 376,312 62,060 19.7% 51.0%
Miscellaneous Revenue 999,629 903,714 2,147,468 1,243,754 137.6% 106.5% LL
Transfers In - 285,000 1,950,000 1,665,000 584.2% 27.9% m
04
Total Revenues 51,138,474 57,020,953 56,718,174 (302,779) -0.5% 48.3% N
m
Expenditures
City Council 141,346 147,744 214,242 66,498 45.0% 48.6%
Administration 738,894 473,845 869,752 395,907 83.6% 26.3%
Economic &Community Dev 3,565,186 3,723,525 4,970,308 1 246 783 33.5% 48.0% Z
p
Finance 1,320,109 1,331,302 1,665,581 334,279 25.1% 48.0% p
LL
Fire Contracted Services 1,847,083 2,244,363 2,107,446 (136,917) -6.1% 51.3% Z
Human Resources 744,723 863,866 1,044,277 180,411 20.9% 45.0%
Law 683,278 691,077 645,635 (45,443) -6.6% 39.2% '
Municipal Court 1,664,995 1,664,139 1,868,559 204,420 12.3% 43.9% to
Parks, Recreation &Comm Svcs 7,794,928 8,809,787 10,064,122 1,254,335 14.2% 43.3%
Police 21,940,676 25,169,742 26,488,514 1,318,772 5.2% 47.7% 0
CL
Non-Departmental 5,384,899 2,231,160 2,606,398 375,238 16.8% 21.6%
Total Expenditures 45,826,118 47,350,551 52,544,978 5,194,427 11.0% 43.5% 1
U
c
c
GF Revenues thru June GF Expenditures thru June LL
M
N
20,000,000 30,000,000 N
18,000,000 -
16,000,000 _ 25,000,000 -
14,000,000 -
20,000,000
12,000,000 - N
10,000,000 _ ■2021 15,000,000 ■2021 s=
t
8,000,000 a2022 W 2022
6,000,000 LJ2023 10,000,000 V 2023 Q
4,000,000 -
2,000,000
5,000,000
-
0 0
Property Sales& Utility Other Police Parks *General ECD Non-Dept
Taxes Use Taxes Taxes Revenues Govt. &Other
*General Govt. includes City Council,Administration, HR, IT,&Finance
Page 7 of 14
Packet Pg. 18
4.C.a
June 2023 MonthlyReport
City of - Washington
Fund Balances
Estimated Estimated
Beginni.ng Estimated Estimated Ending Fund
Fund Balance Revenues Expenditures Balance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
0
General Fund
General Fund 50,920,209 117,372,750 120,788,310 47,504,649 Fa
Special Revenue Funds
c
c�
c
Street Fund 18,146,053 20,550,910 21,067,060 17,629,903 ii
LEOFF 1 Retiree Benefits 1,015,707 1,289,890 1,581,160 724,437 0
Lodging Tax 450,235 280,260 268,880 461,615 c"
m
Youth/Teen Programs 482,625 1,049,920 1,049,920 482,625
Capital Resources 30,876,919 10,101,740 34,570,830 6,407,829
Criminal Justice 11,447,849 10,298,340 14,176,900 7,569,289 J
z
Human Services 2,544,857 4,100,220 4,100,220 2,544,857 O
ShoWare Operating 4,009,903 1,159,000 3,429,620 1,739,283 Z
Impact Fee Fund 4,150,840 4,150,840
Other Operating 596,733 112,700 112,700 596,733
M
Debt Service Funds
Councilmanic Debt Service 1,430,000 7,558,440 8,259,280 729,160 0.
m
Special Assessments Debt Service 313,116 238,000 201,900 349,216
Enterprise Funds U
c
Water Utility 18,111,475 31,520,630 32,767,620 16,864,485 E
ii
Sewer Utility 5,576,474 37,418,820 39,108,990 3,886,304 N
Drainage Utility 16,825,386 26,762,680 31,591,100 11,996,966 N
Solid Waste Utility 541,955 788,860 932,240 398,575 c
Golf Complex 731,090 3,372,200 3,063,080 1,040,210
Internal Service Funds
a�
E
Fleet Services 7,276,391 8,206,270 11,939,000 3,543,661
c�
Central Services 144,866 343,890 375,610 113,146 a
Information Technology 2,322,409 12,921,380 13,192,950 2,050,839
Facilities 3,420,229 6,630,870 8,401,690 1,649,409
Unemployment 1,347,482 160,690 206,990 1,301,182
Workers Compensation 2,380,429 1,200,260 2,387,570 1,193,119
Employee Health & Wellness 9,621,934 15,502,710 15,893,380 9,231,264
Liability Insurance 7,245,529 2,065,130 4,617,120 4,693,539
Property Insurance 996,581 1,389,600 915,820 1,470,361
Page 8 of 14
Packet Pg. 19
2023 MonthlyReport
4.C.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Special Revenue Funds
Street Fund
Revenues 20,419,435 21,474,426 20,550,910 7,401,078
Expenditures 16,768,746 18,646,932 21,067,060 6,752,327 0
Net Revenues Less Expenditures 3,650,689 2,827,493 (516,150) 648,751
LEOFF 1 Retiree Benefits
Revenues 1,199,965 1,119,751 1,289,890 450,402
Expenditures 1,519,460 1,375,512 1,581,160 530,267 S
Net Revenues Less Expenditures (319,495) (255,761) (291,270) (79,866) M
N
O
Lodging Tax C1'
Revenues 221,252 565,735 280,260 120,558 a
Expenditures 165,720 244,710 268,880 112,277
Net Revenues Less Expenditures 55,532 321,025 11,380 8,281 J
Youth/Teen Programs Z
O
Revenues 977,243 1,021,842 1,049,920 591,532 O
Expenditures 822,054 925,650 1,049,920 3,310
Z
Net Revenues Less Expenditures 155,189 96,192 588,223
0
Capital Resources o
Revenues 28,353,626 27,054,816 27,422,170 14,430,490
Expenditures 18,092,140 20,632,883 34,570,830 2,991,217 r-
Net Revenues Less Expenditures 10,261,487 6,421,934 (7,148,660) 11,439,273 Q.
m
Criminal Justice
Revenues 9,774,373 10,036,211 10,298,340 5,323,278 2
Expenditures 7,540,042 9,102,237 14,176,900 4,321,871
Net Revenues Less Expenditures 2,234,331 933,974 (3,878,560) 1,001,408
ii
Human Services M
N
Revenues 3,796,657 4,220,533 4,100,220 2,048,411 N
Expenditures 2,704,110 2,813,399 4,100,220 328,043 a�
Net Revenues Less Expenditures 1,092,547 1,407,133 1,720,368
ShoWare Operating
c
Revenues 3,079,558 1,794,223 1,150,000 1,395
Expenditures 2,091,661 4,130,620 3,429,620 1,068,451 t
Net Revenues Less Expenditures 987,897 (2,336,397) (2,279,620) (1,067,057)
Impact Fee Fund a
Revenues 3,957,718 3,152,179 4,150,840 532,908
Expenditures 3,958,033 3,152,179 4,150,840 473,580
Net Revenues Less Expenditures (316) 59,328
Other Operating
Revenues 128,175 136,681 112,700
Expenditures 104,945 130,685 112,700 1,615
Net Revenues Less Expenditures 23,230 5,996 (1,615)
Page 9 of 14
Packet Pg. 20
2023 MonthlyReport
4.C.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Debt
Councilmanic Debt Service
Revenues 7,988,547 7,907,603 7,558,440 2,103,745
Expenditures 8,348,722 8,563,855 8,259,280 2,126,173 0
Net Revenues Less Expenditures (360,174) (656,252) (700,840) (22,428)
Special Assessment Debt Service
Revenues 1,035,745 720,252 238,000 147,872
Expenditures 858,473 682,020 201,900
Net Revenues Less Expenditures 177,272 38,232 36,100 147,872 iL
M
N
Enterprise Funds G
N
d
Water Utility
Revenues 29,810,341 27,653,347 31,520,630 14,626,740
Expenditures 28,183,254 25,713,818 32,767,620 11,031,633 J
Net Revenues Less Expenditures 1,627,087 1,939,529 (1,246,990) 3,595,106 z
Sewer Utility O
Revenues 34,846,524 35,612,755 37,418,820 18,820,762 Z_
Expenditures 33,974,459 33,041,535 39,108,990 17,332,896
Net Revenues Less Expenditures 872,065 2,571,220 (1,690,170) 1,487,8 66 2
co
M
Drainage Utility
Revenues 25,408,140 24,634,562 26,762,680 13,243,634 Q.
Expenditures 23,609,481 27,537,869 31,591,100 8,604,207
Net Revenues Less Expenditures 1,798,659 (2,903,307) (4,828,420) 4,639,427
Solid Waste Utility c
Revenues 855,492 1,419,785 788,860 519,311
Expenditures 995,385 1,151,021 932,240 616,082
M
Net Revenues Less Expenditures (139,893) 268,764 (143,380) (96,771) N
0
N
Golf Complex •,
Revenues 2,526,316 3,468,448 3,372,200 1,719,656
Expenditures 4,513,837 2,963,754 3,063,080 1,597,780
Net Revenues Less Expenditures (1,987,522) 504,694 309,120 121,876 =
a�
E
Internal Service Funds
c�
Fleet Services a
Revenues 5,674,822 8,180,653 8,206,270 4,090,526
Expenditures 4,894,499 5,176,283 11,939,000 4,681,604
Net Revenues Less Expenditures 780,323 3,004,370 (3,732,730) (591,078)
Central Services
Revenues 355,897 315,714 370,960 158,411
Expenditures 320,247 286,653 375,610 111,497
Net Revenues Less Expenditures 35,650 29,061 (4,650) 46,914
Page 10 of 14
Packet Pg. 21
2023 Monthly Report 4.C.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Information Technology
Revenues 10,506,136 11,412,426 12,894,310 6,215,122
Expenditures 10,411,640 11,386,844 13,192,950 6,424,291 _
Net Revenues Less Expenditures 94,496 25,582 (298,640) (209,168)
0
Facilities
Revenues 6,704,998 6,271,666 6,630,870 3,070,645
Expenditures 6,222,434 7,693,874 8,401,690 3,419,451
Net Revenues Less Expenditures 482,564 (1,422,209) (1,770,820) (348,806)
c
Unemployment ii
Revenues 134,862 117,126 168,370 99,163 N
Expenditures 161,765 119,475 206,990 122,447 N
Net Revenues Less Expenditures (26,902) (2,349) (38,620) (23,284)
Workers Compensation
Revenues 1,019,589 3,172,019 1,761,030 981,086 J
Expenditures 1,788,435 2,852,220 2,387,570 1,347,560 z 0
Net Revenues Less Expenditures (768,845) 319,800 (626,540) (366,474) O
LL
Employee Health & Wellness Z
Revenues 15,795,365 15,793,817 16,286,430 8,313,342
LO
Expenditures 14,736,998 14,796,643 15,893,380 7,567,050
M
Net Revenues Less Expenditures 1,058,367 997,174 393,050 746,293
0
Liability Insurance
Revenues 8,119,358 8,677,522 4,007,230 2,208,648
Expenditures 4,307,222 5,626,577 4,617,120 3,441,144
Net Revenues Less Expenditures 3,812,136 3,050,944 (609,890) (1,232,497)
c
Property Insurance M
Revenues 605,819 1,171,973 940,320 478,840 c
Expenditures 677,950 814,057 915,820 428,377
a�
Net Revenues Less Expenditures (72,131) 357,915 24,500 50,464
c
Other Fund Revenues Other Fund Expenditures E
80,000,000 0 Special 80,000,000 o Special f°
Revenue Revenue Q
60,000,000 - Funds 60,000,000
u Enterprise I Funds
40,000,000 Funds 40,000,000 + u Enterprise
Funds
20,000,000 0 Internal 20,000,000 —
0 — Service 0 o Internal
Funds 2021 2022 2023 Service
2021 2022 2023 Funds
Actuals Prelim Budget Actuals Prelim Budget
Page 11 of 14
Packet Pg. 22
June 2023 Monthly Financial Report 4.C.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
thru June thru June thru June Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Special Revenue Funds
Street Fund
Revenues 6,825,237 8,102,496 7,401,078 (701,418) -8.7%
Expenditures 5,741,284 8,161,924 6,752,327 (1,409,596) -17.30/. o
Net Revenues Less Expenditures 1,083,953 (59,427) 648,751 Q-
a�
LEOFF I Retiree Benefits
Revenues 444,375 490,399 450,402 (39,998) -8.20/c
Expenditures 703,970 726,043 530,267 (195,776) -27.00/c
Net Revenues Less Expenditures (259,595) (235,644) (79,866) ii
M
N
Lodging Tax N
Revenues 72,870 385,214 120,558 (264,657) -68.7%
Expenditures 88,573 85,812 112,277 26,465 30.80/c
Net Revenues Less Expenditures (15,703) 299,402 8,281
J
Youth/Teen Programs Z
Revenues 505,542 541,958 591,532 49,575 9.10/0 O
Expenditures 3,900 3,140 3,310 170 5.40/a LL
Net Revenues Less Expenditures 501,642 538,818 588,223 Z
Capital Resources LO
to
Revenues 12,137,401 12,669,485 14,430,490 1,761,004 13.90/a M
Expenditures 2,850,621 1,621,715 2,991,217 1,369,501 84.40/a V_
Net Revenues Less Expenditures 9,286,779 11,047,770 11,439,273 0
m
Criminal Justice
Revenues 4,284,247 4,877,511 5,323,278 445,768 9.10/0 2
Expenditures 3,194,751 4,003,065 4,321,871 318,806 8.0O/C
Net Revenues Less Expenditures 1,089,496 874,446 1,001,408
ii
M
Human Services N
0
Revenues 4,284,247 4,877,511 2,048,411 (2,829,100) -58.00/c
Expenditures 3,194,751 4,003,065 328,043 (3,675,022) -91.8%
Net Revenues Less Expenditures 1,089,496 874,446 1,720,368
c
ShoWare Operating
Revenues 855 1,395 1,395
Expenditures 1,010,460 1,493,739 1,068,451 (425,287) -28.5%
Net Revenues Less Expenditures (1,009,605) (1,493,739) (1,067,057) Q
Admissions Tax revenues received quarterly (April, July, September, January)
Impact Fee Fund
Revenues 1,745,914 1,526,324 532,908 (993,416) -65.1%
Expenditures 1,090,439 1,072,394 473,580 (598,814) -55.8%
Net Revenues Less Expenditures 655,476 453,930 59,328
Other Operating
Revenues
Expenditures 21,813 26,955 1,615 (25,340) -94.00/a
Net Revenues Less Expenditures (21,813) (26,955) (1,615)
Combines several small programs, including City Art Program and Neighborhood Matching Grants
Page 12 of 14 1 Packet Pg. 23
June 2023 Monthly Financial Report 4.C.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
thru June thru June thru June Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Debt Service Funds
Councilmanic Debt Service
Revenues 2,314,811 2,216,099 2,103,745 (112,354) -5.1%
Expenditures 2,334,290 2,235,772 2,126,173 (109,599) -4.90/. o
Net Revenues Less Expenditures (19,479) (19,673) (22,428) Q-
a�
Debt service payments are generally due in June and December. F0
Special Assessments Debt Service c
Revenues 391,624 138,318 147,872 9,554 6.9% c
Expenditures 3,055 3,265 (3,265) -100.0% ii
Net Revenues Less Expenditures 388,569 135,053 147,872 N
0
N
Enterprise Funds
d
C
7
Water Utility
Revenues 14,768,325 12,748,413 14,626,740 1,878,327 14.70/c
Expenditures 10,635,878 9,550,766 11,031,633 1,480,868 15.50/c z
Net Revenues Less Expenditures 4,132,448 3,197,647 3,595,106 0
U_
Sewer Utility ?
Revenues 16,981,032 17,411,849 18,820,762 1,408,913 8.1O/C
Expenditures 15,199,051 15,978,078 17,332,896 1,354,818 8.50/a Ln
to
Net Revenues Less Expenditures 1,781,981 1,433,772 1,487,866
Drainage Utility 0
Revenues 11,752,115 12,200,411 13,243,634 1,043,223 8.60/a
Expenditures 9,350,603 8,207,612 8,604,207 396,595 4.80/c
Net Revenues Less Expenditures 2,401,512 3,992,799 4,639,427
c
Solid Waste Utility
Revenues 338,022 384,852 519,311 134,459 34.9°/a ii
Expenditures 505,533 625,681 616,082 (9,600) -1.50/c N
Net Revenues Less Expenditures (167,511) (240,830) (96,771) N
a�
Golf Complex
Revenues 1,190,485 1,618,537 1,719,656 101,119 6.20/a
Expenditures 3,046,240 1,436,092 1,597,780 161,688 11.30/c
Net Revenues Less Expenditures (1,855,755) 182,445 121,876
E
Internal Service Funds
ca
Fleet Services Q
Revenues 2,818,010 2,888,281 4,090,526 1,202,245 41.60/a
Expenditures 2,179,978 2,456,338 4,681,604 2,225,266 90.60/a
Net Revenues Less Expenditures 638,031 431,943 (591,078)
Central Services
Revenues 146,872 128,837 158,411 29,575 23.00/c
Expenditures 153,940 89,944 111,497 21,553 24.00/c
Net Revenues Less Expenditures (7,068) 38,892 46,914
Information Technology
Revenues 4,682,045 4,913,702 6,215,122 1,301,420 26.50/c
Expenditures 4,944,278 5,257,186 6,424,291 1,167,104 22.2%
Net Revenues Less Expenditures (262,233) (343,485) (209,168)
Page 13 of 14 Packet Pg. 24
_ 2023 Monthly Financial Report 4.C.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2021 2022 2023 2023-2022
thru June thru June thru June Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Facilities
Revenues 2,781,633 2,791,256 3,070,645 279,389 10.0O/C
Expenditures 2,238,870 2,569,320 3,419,451 850,130 33.10/c
Net Revenues Less Expenditures 542,763 221,935 (348,806)
0
Unemployment Q-
a�
Revenues 77,800 81,162 99,163 18,001 22.20/c W
Expenditures 121,551 65,249 122,447 57,198 87.70/a .�
Net Revenues Less Expenditures (43,751) 15,913 (23,284)
c�
c
Workers Compensation ii
Revenues 583,041 763,790 981,086 217,295 28.40/c N
Expenditures 883,164 1,064,106 1,347,560 283,454 26.60/c N
Net Revenues Less Expenditures (300,124) (300,316) (366,474) m
c
Employee Health & Wellness
Revenues 8,076,223 7,945,030 8,313,342 368,312 4.60/a _J
Expenditures 6,952,149 7,427,820 7,567,050 139,230 1.9O/C z
Net Revenues Less Expenditures 1,124,075 517,211 746,293 p
LL
z
Liability Insurance
Revenues 6,315,205 1,643,541 2,208,648 565,106 34.40/c cD
Expenditures 2,955,358 2,594,083 3,441,144 847,062 32.70/c M
Net Revenues Less Expenditures 3,359,847 (950,541) (1,232,497) V_
0
Property Insurance m
Revenues 307,102 391,196 478,840 87,645 22.40%
Expenditures 314,895 402,814 428,377 25,563 6.30/c .0
Net Revenues Less Expenditures (7,793) (11,618) 50,464
c
ii
M
Other Fund Revenues thru June Other Fund Expenditures thru June N
aD
60,000,000 25,000,000
50,000,000
20,000,000
40,000,000
15,000,000
30,000,000 ■2021 0 2021 Q
20,000,000 0 2022 10,000,000 0 2022
10,000,000 -
u 2023 5,000,000 a 2023
0 0
Special Enterprise Internal Special Enterprise Internal
Revenue Funds Service Funds Revenue Funds Service Funds
Funds Funds
Page 14 of 14 Packet Pg. 25
4.D
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: August 15, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Federal Way Link Extension Staffing Agreement - Authorize
MOTION: I move to authorize the Mayor to sign the Amendment to Task
Order 2 of the City Services Agreement between the City of Kent and Sound
Transit for additional funding of $1,750,000, subject to final terms and
conditions acceptable to the Chief Administrative Officer and City Attorney.
SUMMARY: The City of Kent ("City") and Sound Transit have been working
cooperatively for many years to prepare for the construction of the Federal Way
Link Extension ("FWLE") project. The City and Sound Transit approved a
Development Agreement in 2018 that identified project location, project elements,
station design, development of surplus property, development standards and the
design review, permitting and inspection processes.
City staff time, including drafting of the Development Agreement noted above, was
reimbursed through Task Order #1 to the City Services Agreement ("Agreement")
approved in 2017. Task Order #2 to the Agreement, for project review was
approved by the City Council in June 2019 provided reimbursement of staff time
and fees for the following phases: 1) Post-Notice to Proceed Design Review; 2)
Early Construction; 3) Heavy Construction; 4) Systems / Rail Activation; and 5)
Project Closeout.
Task Order #2 provided agreement that Sound Transit will pay the City a fixed fee
in the amount of $335,000 per quarter for twenty quarters for a total amount of
six-million-seven-hundred-thousand dollars ($6.7 million) for staff time and fees
related to the Federal Way Link Extension Project. Payments have been made on a
quarterly basis as noted in Attachment 3. Payments began the third quarter of
2019 and the last payment was scheduled to be due the second quarter of 2024
when the FWLE was originally supposed to begin revenue service. The final
payment shall be due with the completion of construction inspection activities,
resolution of punch list items and certificates of occupancy being issued.
Since the project was awarded, delays in the project have resulted in additional
staff time needed to complete the review of the FWLE project. These delays include
impacts from covid, world-wide supply chain issues, labor disputes, soil conditions
and scheduling the opening of FWLE with other Sound Transit light rail projects.
Packet Pg. 26
4.D
Sound Transit has proposed an amendment to Task Order 2 which provides for an
additional $1,750,000 to cover additional city costs which will be made in quarterly
payments. Two additional $335,000 quarterly payments will be made through the
second quarter of 2024, followed by six quarters of payments of $180,000 with final
payment scheduled through the second quarter of 2026.
BUDGET IMPACT: $1,750,000 in revenue.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Exhibits to FWLW Staffing Agreement (PDF)
Packet Pg. 27
4.D.a
d
Amendment 1 0
To Z
Task Order 2 Q
Agreement GA 0183-17
City Services Agreement Between the City of Kent and Sound Transit for City a
Costs Related to Sound Transit Project Review and Permitting
In accordance with Section 19.9 of the Agreement,this Amendment 1 to Task Order 2 is entered into by
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and between Sound Transit and the City. `o
The purpose of this Amendment is to modify: Attachment 3 "Achievement Milestones and Payment
Plan"of Task Order 2. Now,therefore,the parties agree to amend the Task Order as follows: M
1. Attachment 1 "Pre-Construction and Construction Services Support: Scope of Work" is c
revised as follows: co
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Total Compensation for City Services. Sound Transit will pay the City a fixed fee in the 3
amount of eight million four hundred fifty thousand dollars ($8,450,000) for City costs
associated with the scope of this Task Order 2. Payments will be made on a quarterly basis as
L
noted in Attachment 3. �
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2. Attachment 1 "Pre-Construction and Construction Services Support: Scope of Work" is
revised as follows: c
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Invoicing and Payment. Payments will be made to the City under this Task Order 2 as
follows: LO
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• Staffing and Permitting Costs: Sound Transit shall pay the City a fixed fee of ei t r
million four hundred fifty thousand dollars($8,450,000) o cover all staffing, E
permitting and related costs. This shall be paid to the City in twenty two(22)equal
payments of three-hundred and thirty-five thousand dollars($335,000),followed by a,
six(6)equal payments of one hundred eighty thousand dollars ($180,000) for work Q
beginning in Q3 2019. A total of twenty-seven(27 payments will be paid on the c
fifteenth of the first month of each quarter for work completed in the previous
quarter, starting in Quarter 4 2019 and ending in Quarter 3 2026. The final in
installment(281}i of 28)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 U.
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Occupancy is issued. (And completion of all ROW and boundary line adjustments.) w
If completion of these items occurs later than Q3 2026 payment will be made 30 days
after completion of the items. The payment plan is captured in Attachment 3
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3. Attachment 3 "Achievement Milestones and Payment Plan" is deleted in its entirety and d
replaced with the attached "Updated Attachment 3 (4.2023) Achievement Milestones and E
Payment Plan".
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Federal Way Link Extension GA 0183-17
Task Order 2 Amendment 1
Packet Pg. 28
4.D.a
All other provisions of Task Order 2 shall remain in full force and effect.
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This Amendment 1 to Task Order 2 shall be effective as of the date signed by Sound Transit. o
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Approved Approved Q
Sound Transit City of Kent a
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Task Order 2 Amendment 1
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4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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PHASE 1: Design Review/Early Construction (July 2019—February 2020)
Key City Activities Achievement Milestones Payment Schedule
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• Participate in the development, review, and approval • City Liaison is co-located at Sound Transit's Payment 1 (October 15, 2019)
of a Final Permitting Plan including the development construction project office Q3 2019 Staffing/Permitting- c
of an agreed to process for expedited permit review • Final Permitting Plan approved by Sound $335,000 0
and approval Transit and City including the process to
• Participate in the timely review of design submittals of expedite permit review Payment 2 (January 15, 2020) 3
early work and return consolidated and coordinated • Final Contractor mitigation plans approved by Q4 2019 Staffing/Permitting-
comments from all relevant City departments Sound Transit and the City $335,000
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• Participate in resolving issues resulting from review of • City issues permits needed to begin early a,
the design submittals construction activities,such as demolition and Q
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• Review and approve other Contractor required plans clearing and grading, to sup
port Project
• Review and approve plans for early work to relocate schedule in
utilities
• Provide accurate and timely project administration to
and coordination
• Participate in project coordination meetings
PHASE 2: Heavy Construction (March 2020—December 2025)
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Key City Activities Achievement Milestones
• Participate in permit-focused, over-the-shoulder, • City issues permits needed for heavy Payment 3 (April 15, 2020)
discipline-specific meetings described in the D-B construction activities, including site Q1 2020 Staffing/Permitting-
Permitting Plan construction, building, and trade permits,to $335,000
• Provide timely review and processing of design and support Project schedule
permit submittals in a way that supports the Payment 4(July 15, 2020) J
construction approach and the overall construction Q2 2020 Staffing/Staffing- UL
schedule $335,000 °
• Participate in resolving issues resulting from review of Payment 5 (October 15, 2020)
the design submittals Q3 2020 Staffing/Permitting- W
• Review change orders as requested that affect City $335,000 r
rights-of-way
Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 1 Q
Packet Pg. 30
4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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• Provide timely inspection activities on infrastructure Payment 6 (January 15, 2021)
constructed as part of the Project that will be under Q4 2020 Staffing/Permitting- r-
the City's ownership $335,000
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Payment 7 (April 15, 2021) o
Q1 2021 Staffing/Permitting- U)
$335,000
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Payment 8 (July 15, 2021)
Q2 2021 Staffing/Permitting- (D
$335,000 Q
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Payment 9 (October 15, 2021)
Q3 2021 Staffing-$335,000 f°
Payment 10 (January 15, 2022) LO
Q4 2021 Staffing-$335,000 �?
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Payment 11 (April 15, 2022) E
Q1 2022 Staffing-$335,000 L
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Payment 12 (July 15, 2022)
Q2 2022 Staffing-$335,000
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Payment 13 (October 15, 2022)
Q3 2022 Staffing-$335,000 J
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Payment 14 (January 15, 2023)
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Q4 2022 Staffing-$335,000
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Payment 15 (April 15, 2023) w
Q1 2023 Staffing-$335,000
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Task Order 2 Updated Attachment 3
GA 0183-17 r
Federal Way Link Extension Page 2 Q
Packet Pg. 31
4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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Payment 16 (July 15, 2023)
Q2 2023 Staffing-$335,000
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Payment 17 (October 15, 2023)
Q3 2023 Staffing-$335,000
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Payment 18 (January 15, 2024) E
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Q4 2023 Staffing-$335,000 L
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Payment 19 (April 15, 2024)
Q1 2024 Staffing-$335,000
Payment 20 (July 15, 2024)
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Q2 2024 Staffing-$335,000 M
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(Note: 0
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from Phase 3 to Phase 2. a,
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Payment 21 (October 15, 2024) o
Q3 2024 Staffing-$335,000 N
Payment 22 (Jan 15, 2025) x
Q4 2024 Staffing-$335,000 W
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Task Order 2 Updated Attachment 3
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Federal Way Link Extension Page 3 Q
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4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
12
Payment 23 (April 15, 2025)
Q1 2025 Staffing-$180,000
Payment 24 (July 15, 2025)
Q2 2025 Staffing-$180,000 �o
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Payment 25 (October 15, 2025) 3
Q3 2025 Staffing-$180,000
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Payment 26 (January 15, 2026) ;v
Q4 2025 Staffing-$180,000 Q
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PHASE 3: Systems/Rail Activation/Project Closeout (January 2026—Achievement of Milestones) o
Key City Activities Achievement Milestones N
• Track and facilitate the process of required vacation of • Heavy construction and inspection activities Payment 27 (April 15, 2026) n
to
City rights-of-way and dedication and recordation of end Q1 2026 Staffing—$180,000
property • Punch list items are accepted via a letter from c
• Resolve any outstanding issues as they arise the City Payment 28 (Final Payment, Date E
• Review and accept record drawings • Building inspection services end and the last TBD) L
• Complete Acceptance of Work activities such as by Certificate of Occupancy is issued as Q2 2026 Staffing-$180,000 Q
issuing letters of acceptance appropriate
• Complete and document inspections to ensure
permitted work is executed according to permit N
requirements
Final payment will be made
payable upon achievement of the o
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following: 1) construction 4
inspection activities end, 2) punch Z
list items are accepted via a letter w
from the City, and 3) building
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Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 4 Q
Packet Pg. 33
4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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inspection services end and the last
Certificate of Occupancy is issued.
(And completion of all ROW and
boundary line adjustments.)
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Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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CITY OF KENT INVOICE COVER TEMPLATE
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ISSUING COMPANY AND REMITTANCE ADDRESS INVOICE NUMBER o
Prime Firm a
Address Line 1 XXXXXXX W
Address Line 2 DATE
Tel: (XXX)XXX-XXXX aM
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Fax: (XXX)XXX-XXXX XX/XX/XXXX `O
Attn: Designated Representative PURCHASE ORDER NUMBER PRIME PROJECT NUMBER
Sound Transit Union Station XXXX
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401 South Jackson Street GA 0183-17
Seattle,WA 98104-2826 PERIOD COVERED
From:XX/XX/XXXX To:XX-XX-XXXX O
PROJECT TITLE _
FWLE City of Kent Task Order 2 Total Invoice Amount$ 3
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GA 0183-17
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PAYMENT REQUEST NUMBER
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Total To Date: $0.00 w
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Total Previously Invoiced: $0.00
Amount This Invoice: $0.00
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Amount Paid to Date: $0.00 FIL
Amount Outstanding: $0.00
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Original Contract Amount: $0.00
Approved Change Orders: $0.00 Q
Total Authorized Contract Amount: $0.00
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Remaining Contract Amount: $0.00
I certify that the charges invoiced are true and correct and include only such charges as were directly incurred in
the performance of work on the project, have not been previously submitted,and are in accordance with terms of
the Agreement. u_
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Task Order 2 Attachment 3
GA 0183-17 Page 6
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4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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Payment Progress Detail Template
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(Please Submit with each invoice) Q
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Invoice #: Period covered: a
PHASE 1: Design Review/Early Construction
Key City Activities Achievement Milestones a,
• Participate in the development, review, and • City Liaison is co-located at Sound Transit's L
approval of a Final Permitting Plan including the construction project office '0
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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
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and coordinated comments from all relevant Sound Transit and the City
City departments • City issues permits needed to begin early
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review of the design submittals clearing and grading, to support Project E
• Review and approve other Contractor required schedule L
plans Q
• Review and approve plans for early work to c
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GA 0183-17 Page 7
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4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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Payment Progress Detail Template
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(Please Submit with each invoice) Q
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Invoice #: Period covered: a
PHASE 2: Heavy Construction
Key City Activities Achievement Milestones a,
• Participate in permit-focused, over-the- • City issues permits needed for heavy L
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shoulder, discipline-specific meetings described construction activities, including site °
in the D-B Permitting Plan construction, building, and trade permits,to
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4.D.a
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
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4.D.a
CITY SERVICES AGREEMENT
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BETWEEN THE CITY OF KENT AND SOUND TRANSIT L
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FOR CITY COSTS RELATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING
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This Agreement is entered into between the City of Kent(City),a Washington municipal corporation, o
and Sound Transit,a regional transit authority of the State of Washington for the purposes set forth a
below. �
RECITALS _ar
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A. The City is a non-charter municipal code city incorporated under the laws of the State of ,o
Washington,with authority to enact laws and enter into agreements to promote the health,safety,and y
welfare of its citizens and for other lawful purposes.
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B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112
RCW with all powers necessary to implement a high capacity transit system within its boundaries in 0
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King, Pierce, and Snohomish Counties. N
C. The City is responsible for administering state and local land use laws and development 3:
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regulations that will apply to Sound Transit projects located within the City jurisdiction.The City is also m
responsible for managing streets and municipal utilities within its jurisdiction and for providing E
municipal services such as public safety. �
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D. The Sound Transit Long Range Transit Plan identifies the Federal Way Link Extension (FWLE) °1
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Project within the City's jurisdiction.
E. Sound Transit completed environmental review of the FWLE Project with the issuance of a Final
Environmental Impact Statement(EIS)on November 18, 2016 and the Sound Transit Board identified LO
the project to be built by passing Resolution R2017-02 on January 26, 2017.The Federal Transit
Administration(FTA) issued a Record of Decision on March 6, 2017 and the Federal Highway c
Administration (FHWA) issued a Record or Decision on March 9,2017. E
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1.General 01
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1.1 Purpose.Sound Transit's FWLE Project includes facilities to be constructed within the City's
jurisdiction. Interaction will be required between the City and Sound Transit to prepare, review and
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approve agreements, prepare construction plans and to secure property rights, permits,and approvals
from the City for the construction of Sound Transit's facilities.The intent of this Agreement is to
establish a task order process for Sound Transit to pay the City for the costs of providing various review
and approval services that will be necessary to design,permit and construct Sound Transit facilities o
within the City. r
2. Designated Representatives
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The City and Sound Transit have designated formal points of contact and coordination for this
Agreement as shown below. Each designated representative is responsible for coordinating the input E
and work of its agency, consultants,and staff as it relates to the objectives of this Agreement.The
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4.D.a
Parties may change designated representatives by written notice to the other Party during the term of
this Agreement.Task orders may designate other individuals as points of contact for each task order. Q
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Cltv Sound Transit t
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Name Ben Wolters Name Dan Abernathy
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Title Economic&Community Dev. Director Title Project Director
Address 400 W.Gowe Street Address 401 S.Jackson Street o
Kent WA 98032 Seattle,WA 98104-2826 (L
Phone 253-856-5703 Phone (206)903-7170
Email bwolters@kentwa.gov Email dan.abernathy@soundtransit.org
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3.Cooperation and Good Faith Efforts ,0
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3.1 The Parties understand and agree that the activities described in this Agreement depend upon
timely and open communication and cooperation between the Parties. In this regard,communication of
issues, changes,or problems that arise with any aspect of the work should occur as early as possible in
the process,and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively o
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and in good faith toward resolution of any such issues.
The Parties acknowledge that this Agreement contemplates the execution and delivery of additional
documents in the future, such as the Development Agreement,which will define the development
regulations for this Project and establish a vesting date,as well as the required construction permits.
The Parties agree to provide the necessary resources and to work in good faith to develop the final form ar
and contents of such documents, instruments and permits, and to execute and deliver the same Q
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promptly.
4. Environmental Review
4.1 Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and LO
other agencies with jurisdiction,Sound Transit has completed the substantive and procedural
environmental review for the Project in accordance with SEPA requirements.The environmental review
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covers the City's issuance of permits for the Project as well as environmental mitigation,and the City will aEi
use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent ;v
with WAC 197-11-600.The foregoing is not intended to limit the City's authority to impose reasonable Q
permit conditions pursuant to its development regulations. c
S. Essential Public Facilities
5.1 The Parties agree that the FWLE Project is a regional transportation facility that has the status of
an essential public facility("EPF")and that the requirements of RCW 36.70A.200 are applicable. Under
RCW-36.70A,the City may not utilize development regulations to render impracticable Sound Transit's c
decisions on siting and location of the Project; however,the City may impose reasonable permit
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conditions on the Project.
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4.D.a
6.Task Orders for City Services
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6.1 General Approach.Sound Transit agrees to pay the City for the costs associated with particular L
tasks that: 0
• Are required because of the implementation of Sound Transit's FWLE Project in the City and Q
• Sound Transit asks the City to undertake.
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This may include tasks that Sound Transit asks the City to complete on a shorter schedule than the City a
would otherwise follow.City services are described in further detail in Section 6.3.
In general,Sound Transit will not pay the City for the costs associated with the following: aM
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• Coordination between Sound Transit and the City normally provided as between government 0
agencies. y
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■ City services provided in the ordinary course of business and on the City's usual time and
schedule.
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• City services that Sound Transit will pay for under existing land use, permitting,or other City fee N
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schedules..An exception to this exclusion would occur if a task order or other agreement 3
establishes a different payment structure in lieu of the established payments and fees. r
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6.2 Task Orders. Prior to any payment under this agreement,a task order must be prepared and E
executed by the Parties for each work effort to be covered by this Agreement.A list of possible task
orders is attached as Exhibit A.Task orders shall be in a format similar to that shown in Exhibit B. Each a
task order shall contain a scope of work, a detailed cost estimate, and a detailed schedule of work so c'
that the City can determine staff resources needed for the Project.The cost estimate shall establish a
maximum funding level for the task order. Each task order shall be executed by authorized �!?
representatives of Sound Transit and the City and shall incorporate by reference the provisions of this LO
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Agreement.
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6.3 City Services.Task orders may address some or all of the following types of activities as
appropriate to the project or phase. Each task described below is optional and should only be included E
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in Task Orders when the City and Sound Transit agree it is appropriate. Sound Transit shall provide an aD
overall project schedule to the City prior to executing any task order. Q
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A. Project Administrotiom
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A.1. Coordination and Communication.Activities including participation at regularly scheduled
project-level coordination meetings and providing on-going project management activities,as
well as central coordination of all submittal reviews, comment coordination and consolidation, u_
and identification of projects or proposals(i.e. municipal utility or public works projects or °
private development projects)that have the potential to conflict with or interfere with Sound v'
Transit's Projects.
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A.2 Management and Administration. Project management activities including staffing, budget,
and schedule management, progress reports and invoicing, and other related activities. E
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4.D.a
A.3 Agreements. Review and approval of Memoranda of Understanding, Development
Agreements, Services Agreements,Task Orders and other related activities. N
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B.Design Review. Project design review consisting of informal "over the shoulder"(OTS) z
reviews and formal design submittals for which the City is expected to provide formal comments '
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to Sound Transit. '
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B.1.OTS Review.OTS review meetings may be scheduled on an as-needed basis to keep Project o
team members apprised of developments in the design process,seek feedback or concurrence a-
from the City on aspects of the design as it is progressing,and to determine whether the design
is consistent with City codes and regulations.
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B.2. Formal Submittals.Sound Transit will occasionally submit design review packages to the City J
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for formal review and comment during the earlier project phases and regularly during the °
permitting and construction phases.The design review packages, including specific timeframes
for Sound Transit to provide advance notification to the City and for City review, are to be
described in the scopes of work included in Task Orders. If the City foresees that comments will -0
not be returned within the agreed upon timeframe,the City shall notify Sound Transit of the
delay as soon as possible so the Parties can determine an acceptable solution. City comments in
should identify any aspects of the design that do not meet City codes and regulations so the
inconsistency can be corrected.
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C.Planning and Desiari Coordination. aEi
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C.1 Station Access Improvements.Coordination between the City and Sound Transit with regard a
to station access improvements,such as placement of kiss and ride facilities, ride share services, a,
and other emerging technologies,transit integration,wayfinding, and non-motorized access
improvements. f°
C.2 Transit Oriented Development(TOD).City services to partner with Sound Transit to LO
incorporate TOD principles during project design and permitting and to support Sound Transit in M
evaluating TOD opportunities on Sound Transit owned properties that will no longer be needed
after construction is complete,or opportunities for development around Sound Transit facilities.
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C.3 Right-of-Way.Coordination between the City and Sound Transit with regard to City ROW. ly
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This may include review of a Development and Transit Way Agreement, necessary temporary Q
easements or street vacations, or any other actions/transfers involving City ROW.
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C.4 Joint_Pfojects or Partnerships.City services that meet the general approach described in
Section 6.1 where partnership will occur for a related separate City project,that ST may be
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contributing to as mitigation or project enhancement,or if there is a third party project(private, 3:
WSDOT, utility)that ST and the City need to coordinate with,or if there is something specific
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that ST needs to incorporate into the Sound Transit Project. N
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D. Permits and Approvals.
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D.1. Establish Permit Process.City coordination with Sound Transit to determine a streamlined
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and consolidated permitting process for the Project that would allow for the City to review and aD
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process permits in the most expeditious manner allowable under applicable laws.This may
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include the preparation of a development and transit way agreement, development code
amendments,or other types of documents to implement a permitting process.
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D.2.Permitting and Inspection Activities. City permitting activities directly related to permit 0
processing, approval and issuance, including inspections, if these activities are not already '
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provided for through standard permitting fees.
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E. OtherServfces.Other services as deemed appropriate by the City and Sound Transit. o
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6.4 Eligible Costs.The following types of expenditures shall be eligible for reimbursement:
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• Direct project costs including labor charges at the employees' current salary rates,any
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incremental raises they may receive during the Task Order period,applicable employee benefits
and overhead. o
• Direct non-salary costs reimbursed at the actual cost to the City, including but not limited to
travel expenses or meeting room charges. f°
All consultant costs that are consistent with the activities identified in the Task Order Scope of
Work and within the Task Order Cost Estimate. °
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• This Agreement does not cover the City's normal capital and operating expenses such as 3
buildings,office equipment, maintenance,security,utilities, or vehicles, except those expenses c
normally included in the City's cost-based fee calculation for services. However, if the City E
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requires additional personnel to fulfill its obligations under this Agreement and additional
workspace is required for such personnel,the City and Sound Transit agree that the expenses a
for additional staff accommodations is not normal and each party agrees to negotiate the
allocation of any such expenses in good faith.
6.5 Performance. If the City does not perform the services according to the Task Orders, does not
provide formal review comments within the Design Submittal review times set forth in Section 6.3, or LO
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fails to identify development code conflicts that require design changes during the permitting process
and if the failure to perform is solely attributable to the City's actions or inactions, corrective action c
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must be taken by the City.Appropriate corrective action will first be established by the City and Sound E
Transit Designated Representatives. Should corrective action not resolve the problem within one(1)
week,the dispute resolution process may be commenced. This Section 6.5 is not intended to create any Q
financial liability on the part of City. However,Sound Transit and the City may agree to specific
resolutions including a reduction in the fees owed by Sound Transit to the City.
7.Invoicing
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7.1 The City shall submit invoices and supporting documentation for task order payments.The
invoices must include the appropriate purchase order number,which Sound Transit will provide after o
execution of each task order, a cover memo including a description of services provided by the City, and r
supporting documentation detailing the work completed and associated costs.
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7.2 The City shall submit its invoices with the required documentation via email or mail to w
AccountsPayable@SoundTransit.org,or Sound Transit, Accounts Payable,401 S.Jackson St.,Seattle,WA a
98104-2826. Invoices are payable thirty(30)days upon Sound Transit's receipt of the invoice and z
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acceptable documentation.The payment documentation shall identify the invoice number and any
differences between the invoice and payment. N
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7.3 If Sound Transit determines that an invoice lacks sufficient documentation to support payment, °,
Sound Transit will notify the City of its determination within five(5) business days of receipt of the Q
invoice and request that the City provide additional documentation.Sound Transit may withhold
payment for contested portions of the invoice until supporting documentation for the contested
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portions are provided, however such approval shall not be unreasonably withheld. a
8.Suspension and Termination °
8.1 If the City has not received payment from Sound Transit as provided in Section 7,the City may ar
suspend performance of all or any part of the associated work after giving Sound Transit thirty(30) days' L
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notice of City's intent to do so. Such suspension shall remain in effect until payment is made in full, at °
which time the suspension shall be lifted.
8.2 Either Party may terminate this Agreement for cause in the event that the other Party fails to
fulfill its material obligations under this Agreement in a timely manner or breaches any material
provision of this Agreement and the dispute resolution process identified in Section 10 has failed to °
reach resolution within the timelines described therein. The Party wishing to terminate this Agreement _
for cause shall provide the other Party with notice of its intent to terminate and shall give the other 3:
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Party an opportunity to correct the failure to perform or breach within thirty(30)days of the notice or
within such longer period as may be necessary in the event that correction cannot reasonably be E
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accomplished within thirty(30)days. If the failure or breach is not corrected or cured,this Agreement ;v
may be terminated by the aggrieved party by giving ninety(90)days' notice to the other Party. Q
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8.3 This Agreement shall also terminate with the mutual consent of both parties.
8.4 Except as provided in this Section, a termination by either Party shall not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any costs n
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incurred prior to proper notification of termination will be borne by the Parties in accord with the terms
of this Agreement.
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9. Indemnity aEi
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9.1 Each Party agrees to hold harmless, indemnify,and defend the other Party, its officers, agents, Q
and employees,from and against any and all claims, losses or liability,for injuries,sickness or death of a'
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persons, including employees of the indemnifying Party,or damage to property, arising out of any willful
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misconduct or negligent act,error,or omission of the indemnifying Party, its officers,agents,or in
employees, in connection with the services required by this Agreement, provided, however,that:
9.1.1 The indemnifying Party's obligations to indemnify, defend and hold harmless shall not 3:
extend to injuries,sickness,death or damage caused by or resulting from the sole willful °
misconduct or sole negligence of the other Party, its officers,agents or employees; and
9.1.2 The indemnifying Party's obligations to indemnify,defend and hold harmless for X
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injuries, sickness, death or damage caused by or resulting from the concurrent negligence or
willful misconduct of the indemnifying Party and the other Party, or of the indemnifying Party °'
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and a third party other than an officer, agent, or employee of the indemnifying Party, shall apply
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only to the extent of the negligence or willful misconduct of the indemnifying Party, its officers,
agents,or employees. N
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9.2 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in 0
relation to this Agreement,and each Party shall fully indemnify and hold the other Party, its officers,
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agents and employees harmless from any tax liability owed by other Party arising from or related to the
transactions set forth herein, including, but not limited to, any taxes, penalties, fines,and/or interest
that are assessed by any tax authority against the indemnifying Party and further including all attorneys' a
fees and costs incurred in response to any claims or assessments by any tax authority against —
indemnifying Party, its officers, agents and employees.
9.3 The obligations in this Section shall survive termination or completion of this Agreement as to °1
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any claim, loss or liability arising from events occurring prior to such termination or completion. o
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10. Dispute Resolution
10.1 Prior to taking or joining any action in any judicial or administrative forum to challenge actions
of the other party associated with the Agreement,the Parties agree to follow the dispute resolution c
process set out in this section. 0
10.2 The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at
the lowest level possible.
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10.3 Any disputes or questions of interpretation of this Agreement or the performance of either E
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Party under this Agreement that may arise between Sound Transit and the City shall be governed under
the dispute resolution provisions in this Section. The Parties agree that cooperation and communication Q
are essential to resolving issues efficiently. c
10.4 Either Party may refer a dispute to the dispute resolution process by providing written notice of
such referral to the other Party's Designated Representative. The Parties agree to use their best efforts
to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging c"'o
in the following dispute resolution process should any such disputes arise:
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10.4.1 Level One-Sound Transit's Designated Representative and the City's Designated E
Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If
they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level
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One, either party may refer the dispute to Level Two.
10.4.2 Level Two-Sound Transit's Executive Project Director,and the City's Public Works and a
Economic and Community Development Directors shall meet to discuss and attempt to resolve
the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14)days J
after referral of that dispute to Level Two, either party may refer the dispute to Level Three. u_
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10.4.3 Level Three-Sound Transit's Executive Director,Engineering and Construction r
Management or Designee and the City's Chief Administrative Officer or Designee shall meet to
discuss and attempt to resolve the dispute in a timely manner. w
10.5 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level
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Three within fourteen(14)days after referral of that dispute to Level Three,the Parties are free to file E
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suit,seek any available legal remedy,or agree to alternative dispute resolution methods such as
mediation. At all times prior to resolution of the dispute,the Parties shall continue to perform any N
undisputed obligations and make any undisputed required payments under this Agreement in the same o
manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this
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Agreement to the contrary, neither party has an obligation to agree to refer the dispute to mediation Q
nor other form of dispute resolution following completion of Level Three of the process described
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herein. Such agreement may be withheld for any reason or no reason. o
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11. Remedies and Enforcement —
11.1 The Parties reserve the right to exercise any and all of the following remedies, singly or in
combination, and consistent with the dispute resolution and default Sections of this Agreement, in the T
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event the other violates any provision of this Agreement: L.
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11.1.1 Commencing an action at law for monetary damages;
11.1.2 Commencing an action for equitable or other relief;
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11.1.3 Seeking specific performance of any provision that reasonably lends itself to such
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remedy;and/or N
11.1.4 Each party shall be responsible for its own attorney's fees and costs.
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11.2 All remedies set forth above are cumulative and the exercise of one shall not foreclose the m
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exercise of others.
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11.3 Neither Party shall be relieved of its obligations to comply promptly with any provision of this Q
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Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure
to enforce shall not constitute a waiver of rights or acquiescence in the other Party's conduct.
12. Duration of Agreement
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12.1 This Agreement shall take effect upon the last date of signature by the Parties as set forth
below.This Agreement shall remain in effect until all Sound Transit Projects contemplated by this c
Agreement are completed and open to the public, unless this Agreement is extended by mutual E
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agreement of the Parties, or unless this Agreement is superseded by a future agreement or is sooner ;v
terminated as provided in Section 8 above. °1
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13.Warranties
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13.1 By execution of this Agreement,the City warrants: in
13.1.1 That the City has the full right and authority to enter into and perform this Agreement, J
and that by entering into or performing this Agreement the City is not in violation of any law, U-
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regulation or agreement by which it is bound or to which it is bound or to which it is subject;and y
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13.1.2 That the execution,delivery and performance of this Agreement by the City has been
duly authorized by all requisite corporate action,that the signatories for the City hereto are w
authorized to sign this Agreement, and that upon approval by the City,the joinder or consent of
any other party, including a court or trustee or referee, is not necessary to make valid and E
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effective the execution, delivery and performance of this Agreement. 0
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13.2 By execution of this Agreement,Sound Transit warrants:
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13.2.1 That Sound Transit has the full right and authority to enter into and perform this
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Agreement, and that by entering into or performing this Agreement Sound Transit is not in 0
violation of any law, regulation or agreement by which it is bound or to which it is bound or to '
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which it is subject;and ,
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13.2.2 That the execution,delivery and performance of this Agreement by Sound Transit has o
been duly authorized by all requisite corporate action,that the signatories for Sound Transit a
hereto are authorized to sign this Agreement,and that upon approval by Sound Transit,the
joinder or consent of any other party, including a court or trustee or referee, is not necessary to
make valid and effective the execution, delivery and performance of this Agreement. T
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14.Administration of Agreement °
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14.1 This Agreement will be jointly administered by Sound Transit's Designated Representative and
the City's Designated Representative.
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14.2 Each Party shall bear its own costs of administering this Agreement.
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14.3 Each party shall be responsible for its own public records and public records requests.
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15. Posting of Agreement
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15.1 Pursuant to RCW 39.34.040, each party shall list this Agreement on its website by subject matter
and shall post a copy in an electronically retrievable source for public viewing in accordance with its a,
policy. Q
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16.Assignment and Beneficiaries
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16.1 Neither Party may assign all or any portion of this Agreement without the express written
consent of the other Party.There are no third party beneficiaries to this Agreement. m
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17. Notices
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17.1 Unless otherwise provided herein, all notices and communications concerning this Agreement m
shall be in writing and addressed to the Designated Representative.
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17.2 Unless otherwise provided herein, all notices shall be either: (i)delivered in person, (ii) a,
deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains receipts,or(iv)
delivered electronically to the other party's Designated Representative as listed herein. However, notice
under Section 7,Suspension and Termination, must be delivered in person or by certified mail, return J
receipt requested. LL
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18.Audits r
18.1 Sound Transit and the City shall maintain accounts and records, including contract and financial x
records,which sufficiently and properly reflect all direct and indirect costs of any nature expended for w
work performed under this Agreement so as to ensure proper accounting for all monies paid to the City
by Sound Transit. These records shall be maintained for a period of six(6)years after termination or M
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expiration of this Agreement unless permission to destroy the records is granted by the Office of the
Archivist pursuant to RCW Chapter 40.14 and agreed to by the City and Sound Transit. N
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19.General Provisions z
19.1 The Parties shall not unreasonably withhold requests for information,approvals, or consents Q
provided for in this Agreement; provided, however,that approvals or consents required to be given by
vote of the Sound Transit Board or Kent City Council are recognized to be legislative actions.The Parties o
agree to take further actions and execute further documents,either jointly or within their respective a
powers and authority,to implement the intent of this Agreement provided, however,that where such
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actions or documents must be first approved by vote of the Sound Transit Board or Kent City Council,
such actions are recognized to be legislative actions.The City and Sound Transit agree to work
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cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. o
19.2 This Agreement shall be interpreted,construed and enforced in accordance with the laws of the N
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State of Washington.Venue for any action under this Agreement shall be King County,Washington.
19.3 This Agreement shall be binding upon and inure to the benefit of successors and assigns of the
City and Sound Transit. N
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19.4 Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this 3
Agreement,the reference to"days" shall mean calendar days unless otherwise noted. Any reference to
"working days"shall exclude any City holidays and weekend days. If any time for action occurs on a
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weekend or legal holiday,then the time period shall be extended automatically to the next business day.
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19.5 This Agreement is made and entered into for the sole protection and benefit of the Parties Q
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hereto and their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement. c
19.6 No joint venture or partnership is formed as a result of this Agreement. No employees,agents
or subcontractors of one party shall be deemed, or represent themselves to be,employees of any other M
pa rty.
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19.7 This Agreement has been reviewed and revised by legal counsel for all parties and no E
presumption or rule that ambiguity shall be construed against the party drafting the document shall i
apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be a'
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interpreted to the full extent authorized by applicable law. aM
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19.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or
finalizing this Agreement, unless otherwise agreed in writing by the Parties.
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19.9 This Agreement and related task orders may be amended only by a written instrument executed
by each of the Parties hereto. o
19.10 This Agreement may be executed in several counterparts, each of which shall be deemed an
original,and all counterparts together shall constitute but one and the same instrument. M
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1 20. Severability
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20.1 In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in L
part, neither the validity of the remaining part of such term nor the validity of the remaining terms of 0
this Agreement shall in any way be affected thereby.
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21. City's Permitting and Regulatory Authority
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21.1 Nothing in this Agreement shall be deemed a waiver of the City's regulatory authority nor a
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predetermination of the compliance of the Project with applicable codes and regulations.
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IN WITNESS WHEREOF,each of the Parties has executed this Agreement by having its authorized J
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representative affix his/her name in the appropriate space below: °
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SOUND TRANSIT THE CITY OF KENT
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B j� ecutive O B
Peter M, Rogoff, Chief E + i� LL 0
fficer Derek Matheson, Chief Administrative Officer
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Date: Date: E
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Authorized by Motion No. Authorized by ity Council
M2017-68 Motion on , 2017.
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Approved as to form: Approved as to form:
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By: By:
Amy Jo call,Senior Legal Counsel T Brubaker, City Attorney Q
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EXHIBITS
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Exhibit A: Anticipated Task Orders under this Agreement 0
Exhibit B:Task Order Format
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Exhibit A
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Possible Task Orders
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Task Order 1- Federal Way Link Extension Request for Proposals Preparation Phase
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Task Order 2-Federal Way Link Extension Design-Build Procurement Phase o
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Task Order 3-Federal Way Link Extension Permitting and Pre-Construction Phase
Task Order 4-Federal Way Link Extension Construction Phase
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4.D.a
Exhibit B
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Task Order Format N
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CITY SERVICES AGREEMENT
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BETWEEN THE CITY OF XX AND SOUND TRANSIT
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FOR CITY SERVICES AND COSTS RELATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING o
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Task Order_:Title
This Task Order is issued under the City Services Agreement between the City of XX and Sound
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Transit for City Services and Fees Related to Sound Transit Project Review and Permitting dated
2017.This Task Order establishes the scope, schedule,and budget for the services provided ,o
by the City(Services) for the Sound Transit PROJECT/PHASE.The City agrees to perform the Services in N
the manner set forth in this Task Order. The terms and conditions of the City Services Agreement are
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incorporated into this Task Order unless expressly modified below.
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The effective date of this Task Order is 20
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Project Description. General Description of the work to be performed. May also include definitions if _
helpful/appropriate. 3
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• The Scope of Work is included as Attachment 1 to this Task Order. E
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• The Schedule is included as Attachment 2 to this Task Order. a,
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• The Cost Estimate is included as Attachment 3 to this Task Order. c'
The authorized representatives of the parties have agreed to the terms of this Task Order by signing f°
below.
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For the City For Sound Transit M
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Signature Signature
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Title Title
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Date Date
Approved as to Form: Approved as to Form: u_o
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Name,City Attorney Name, Sound Transit Legal Counsel x
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Task Order Attachment 1:Scope of Work.
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Provide detailed information regarding City Services contemplated by each task order. Use "Not used" N
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for items not included in the scope for consistency among task orders. O
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A.Project Administration. Q
A.1. Coordination and Communication.
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A.2 Manaftement and Administration. a
A.3 Agreements.
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B. Design Review. J
B.1.OTS Review. 0
B.2. Formal Submittals.
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C.Planninji and Design Coordination.
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CA Station Access Improvements. O
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C.2 Transit Oriented Development(TOD). 3
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C.3 R_ip_ht-of-Way.
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CA Join_t_Proiects or External Project Coordination. a)
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D. Permits and Approvals. �
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D.1. Establish Permit Process.
D.2. Permitting and Inspection Activities.
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E.Other Work. t°
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Task Order Attachment 2:Estimated Schedule.
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A.1.Coordination and Communication
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B.1. OTS Review
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B.2. Formal Submittals
C.I. Station Access aM
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C.2.Transit Oriented Design 0
C.3. Right-of-Way
C.4.Joint Projects or Partnerships
D.1 Establish Permit Process
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4.D.a
Task Order Attachment 3.Cost Estimate.
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Contract contingency will be used per Sound Transit discretion and in accordance with signature
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authority procedures. z
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4.D.a
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 N
Task Order 2: Pre-Construction and Construction Services Support(through project close-out) z
This Task Order is issued under the City Services Agreement between the City of Kent and Sound Transit Q
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 o
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and permitting fees, through Project construction and close-out (anticipated to occur in 2024). The City a
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.
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This Task Order shall be effective as of the date signed by Sound Transit. J
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Project Description. This Task Order covers city work and fees during the Post-NTP Design Review/Early N
Construction, Heavy Construction, and Systems/Rail Activation/Project Closeout Phases. City i
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,
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permitting, and inspection. }'
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• 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 a
The parties have agreed to the terms of this Task Order by signing below. c'
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For the City Fa and Transitd_x_�I
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Signature S' n ure
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Task Order 2 Page 1
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4.D.a
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 o
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 Q
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 o
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lifetime budget. a
Total Compensation for City Services. Sound Transit will pay the City a fixed fee in the total amount of
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six-million-seven-hundred-thousand dollars($6.7 million) for City costs associated with the scope of this
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Task Order 2. Payments will be made on a quarterly basis as noted in the Attachment 3 °
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This payment shall be inclusive of:
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• 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 c
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 3
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. E
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Sound Transit's D-B Contractor will further refine and finalize the Preliminary Permitting Plan to ;v
create a Final Permitting Plan, that will be reviewed and approved by the City as detailed in the a
executed Development Agreement between Sound Transit and the City. The Final Permitting c'
Plan will provide a framework that supports approval of construction permits within mutually
agreed upon timeframes that support the overall Project schedule.
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• 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.
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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 a
review and permitting processes are substantially complete),which is estimated to occur in a,
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February 2020.
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Phase 2: Heavy Construction: This phase covers staffing services through the entirety of the U)
heavy construction phase,which is estimated to begin in March 2020 and to conclude in March
2023, u_
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Phase 3: Systems/Rail Activation/Project Closeout: This phase covers staffing services from N
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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, w
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 E
payment estimates below. U
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Task Order 2 Attachment 1
GA 0183-17 Page 1
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4.D.a
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 o
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 Q
Quarter 4 2019 and ending in Quarter 2 2024. The final installment (20"of 20)will be made
payable upon achievement of the following: 1) construction inspection activities end, 2) punch o
list items are accepted via a letter from the City, and 3) building inspection services end and the a`
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, aM
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• City Progress Reports:The City shall submit to Sound Transit quarterly progress reports and an o
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 i
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 U°
project, as the payment is based on the City meeting agreed upon activities and milestones.
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Scope of Work.
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A. Project Management and Administration.
A.1. Management and Administration. The key purpose of this task is to provide accurate and timely a
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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 m
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 E
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. a
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Deliverables
• Provide quarterly invoicing and progress reporting and ongoing project management
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activities.
• Develop and/or refine, in collaboration with Sound Transit,annual or milestone City work c
plans detailing City support to be provided to the Project. v,
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A.2. City Project Liaison. The key purpose of the City Project Liaison is to participate in and facilitate the w
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 E
Project Liaison position will be funded by Sound Transit at 100%of an FTE. Given the mutual interests of
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both Sound Transit and the City in ensuring the City Project Liaison is qualified and effective in a
Task Order 2 Attachment 1
GA 0183-17 Page 2
Packet Pg. 57
4.D.a
discharging their duties, the City shall consult with Sound Transit on the best-qualified candidate should
thas position need to be refilled.
Deliverables
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• Colocation of City Project Liaison z
• Provide a job description for the City Project Liaison. Q
• Select the best-qualified candidate for the position.
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A.3. Coordination and Communication. The key purpose of coordination and communication during all °
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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. �_
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Deliverables o
• Attend Sound Transit project coordination meetings.
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B. Phase 1; Design Review/Early Construction.
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8.1. Over-the-Shoulder Design Review. The key purpose of this task is for the City's Project Liaison to 0
participate in the design review process,working closely with Sound Transit and Sound Transit's D-B N
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Contractor to ensure timely review of D-B Contractor designs and materials and resolution of identified 3
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- E
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- Q
B Contractor and other city staff to support the design process and development of plans that satisfy the E
City's permitting requirements. f°
Deliverables
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• Co-location of City Project Liaison at Sound Transit's construction project office,with the
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amount of time spent to be determined based on Project workload. a
• Attend construction progress and other meetings.
• Participate in resolving issues resulting from review of D-B Contractor design submittals. i
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8.2. 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 J
meetings as needed, will be necessary to advance, review and communicate issues with the City and to
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seek feedback or concurrence from the City. The City will be responsible for performing reviews of N
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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 X
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requires additional review time,the City will notify Sound Transit as soon as possible.
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Deliverables E
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• Provide consolidated and coordinated comments on D-B Contractor Design submittal f°
packages, consistent with the D-B Contractor's final Project Permitting Plan. Q
Task Order 2 Attachment 1
GA 0183-17 Page 3
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4.D.a
• 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)
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o Construction Noise and Vibration Mitigation Plan 0
o Construction Outreach and Communication Plan
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B.3. Review/Approve D-B Contractor Final Permitting Plan. The City will participate in the development,
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review, and approval of a Final Permitting Plan submitted by Sound Transit's D-B Contractor. The Plan o
will include City commitments for timely and expedited review of design and permit submittal packages. a
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Deliverables
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• Submit consolidated and coordinated comments on D-B Contractor draft Project Permitting J
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Plan. '~
• Work in good faith to resolve comments on draft Project Permitting Plan.
• Approve final D-B Contractor Project Permitting Plan.
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B.4. Permitting Early Work, There will likely be activities during this phase requiring the issuance of City in
permits. The following activities are currently anticipated.
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B.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 aEi
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. Q
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Deliverables
• Support process to expedite review of permits required for demolition activities
consistent with the final Project Permitting Plan. LO
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B.4.2. Permitting for Early Foundation Construction. Under this task, City staff will work with
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Sound Transit and its D-B Contractor to review and permit early work installing structural and E
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other foundations in advance of heavy construction. i
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Deliverables
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• Support process to expedite review of permits required for installation of structural 1°
and other foundations consistent with the final Project Permitting Plan.
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B.4.3. Permitting for Clearing and Grading, Under this task,City staff will work with Sound
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Transit and its D-B Contractor to review and permit early work for clearing and grading the N
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Project area in advance of heavy construction.
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Deliverables w
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• Support process to expedite review of permits required to begin clearing and
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grading work consistent with the final Project Permitting Plan. U
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Task Order 2 Attachment 1
GA 0183-17 Page 4
Packet Pg. 59
4.D.a
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
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• Expedited review and approve early utility relocation plans and submittals consistent with o
City of Kent Design and Construction Standards.
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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 o
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Project. —
Deliverables
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• Expedited review and approval of infrastructure that will be constructed as part of the
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Project to manage stormwater consistent with the final Project Permitting Plan. ,°
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C. Phase 2: Heavy Construction. f°
C.1. Permitting. Consistent with the Final Project Permitting Plan, developed during the early -0
construction phase,the City will provide timely review in processing of D-B Contractor permit submittals c
in a way that supports the design/build construction approach and the overall construction schedule. N
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Deliverables 3
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• Expedited review and approval of permits as issued to Sound Transit's D-B Contractor for E
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Project construction consistent with the final Project Permitting Plan.
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C.2. Design Review of Change Orders. As part of this task, City staff will review change orders, as c'
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 Cl)
permit approvals. All change orders must be consistent with City codes and/or all other applicable LO
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agreements between Sound Transit and the City of Kent.
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Deliverables
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• Provide review and input into Project Change Orders, as requested by Sound Transit. ;v
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• Submit consolidated and coordinated comments on Project Change Orders to Sound Transit Q
on a timeline mutually agreed to and based on the magnitude of the Change Order c
proposed, provided changes are consistent with City code and all applicable agreements. a
C.3. Project 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 U-
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.
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C.3.1. Civil Inspection c
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C.3.2.Tree Replacement/Landscaping Inspection M
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C.3.3. Stormwater Inspection a
Task Order 2 Attachment 1
GA 0183-17 Page S
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4.D.a
C.3.4, Mechanical Inspection
C.3.5. Building Inspection
C.3.6. Structural Inspection N N
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C.4. Utility Relocation. During this phase, City staff will be asked to review and approve relocation plans
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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 ,a
submitted and to perform site inspection activities as warranted. a-
• Review, approve, and Inspect, as needed, utility relocation plans and submittals.
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C.5. Fire/Life/Safety Coordination. Puget Sound Regional Fire staff,contracted by the City,will review
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for fire/life/safety issues as they relate to Project design and construction. 0
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Deliverables
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• Review and provide consolidated input and comments on Project issues as they relate to
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Fire/Life/Safety. c
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C.6. Maintenance of Traffic and Transportation. Under this task, City staff will review and approve 3
maintenance of traffic (MOT) and other plans for temporary traffic controls proposed by Sound Transit's
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D-B Contractor. E
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Deliverables a
• Attend MOT and other meetings to discuss maintenance of traffic and transportation. c'
• Review and approve MOT submittals provided by Sound Transit's D-B Contractor. a
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C.7. Right-of-Way(ROW). The purpose of coordination between the City and Sound Transit during this L,
phase is to track and facilitate the process of required vacation of City rights-of-way and the dedication `FI
and recordation of property transfers that may be made between the Parties.
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Deliverables m
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• Coordinated vacation of public rights-of-way. Q
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• Recordation of property transfers.
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D. Phase 3: Systems/Rail Activation/Project Closeout.
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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 °
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fire, life, and safety measures are certified, as appropriate, documenting their incorporation into the
Project. w
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 E
related to the construction of noise wall or other mitigations to minimize LRT-generated noise. U
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Task Order 2 Attachment 1
GA 0183-17 Page 6
Packet Pg. 61
4.D.a
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.
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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. Q
Deliverables )
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• Punch list items are accepted via a letter from the City. a
• Building inspection service ends and the last Certificate of Occupancy is issues as
appropriate.
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• Acceptance of record drawings.
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GA 0183-17 Page 7
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4.D.a
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