HomeMy WebLinkAboutCAG2019-184 - Amendment - #1 - Sound Transit - GA0183-17 Federal Way Link Extension Project: Task Order 2 - 09/25/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Karin Bayes for Derek Hawkes Public Works
Date Sent: Date Required:
c 09/06/2023 9/13/2023
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website 9/5/2023
Budclet Account Number: Grant? Yes No�✓
19-3018 (back into project)
Budget?❑✓ Yes Type: N/A
Vendor Name: Category:
Sound Transit Contract
Vendor Number: Sub-Category:
N/A Amendment
0
WProject Name: Federal Way Link Extension Staffing Agreement (amend #1 to task order #2)
CProject Details: FWLE Staffing Agreement Amendment for additional funding from Sound
C Transit to the City for City project support, permitting, and services as a
*, result of project delays and additional time necessary by City Staff.
C
Basis for Selection of Contractor:
Agreement Amount: $1,750,000 Interlocal Agreement
*Memo to Mayor must be attached
Start Date: 9�23 Termination Date: 7/15/2026
lm
a Local Business? Yes ✓�No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2019-184
Comments:
Once signed by Mayor, please route back to Karin Bayes in Public Works.
Karin to then scan and send email with pdf to Kelly Peterson, Derek Hawkes
IM and Mark Madfai.
� c
3 0
N
a
Date Received:City Attorney: 9/7/23 Date Routed:Mayor's Office 9/13/23 -ty Clerk's Office 9/14/23
adccW22373_7_2 Visit Documents.KentWA.gov to obtain copies of all agreements
� rev.20221201
Amendment 1
To
Task Order 2
Agreement GA 0183-17
City Services Agreement Between the City of Kent and Sound Transit for City
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
and between Sound Transit and the City.
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:
1. Attachment 1 "Pre-Construction and Construction Services Support: Scope of Work" is
revised as follows:
Total Compensation for City Services. Sound Transit will pay the City a fixed fee in the
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
noted in Attachment 3.
2. Attachment 1 "Pre-Construction and Construction Services Support: Scope of Work" is
revised as follows:
Invoicing and Pam 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 eight
million four hundred fifty thousand dollars($8,450,000)to cover all staffing,
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
six(6)equal payments of one hundred eighty thousand dollars($180,000)for work
beginning in Q3 2019. A total of twenty-seven(27 payments will be paid on the
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
installment(28t1i 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
Occupancy is issued. (And completion of all ROW and boundary line adjustments.)
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
3. Attachment 3 "Achievement Milestones and Payment Plan" is deleted in its entirety and
replaced with the attached "Updated Attachment 3 (4.2023) Achievement Milestones and
Payment Plan".
Federal Way Link Extension GA 0183-17
Task Order 2 Amendment 1
All other provisions of Task Order 2 shall remain in full force and effect.
This Amendment 1 to Task Order 2 shall be effective as of the date signed by Sound Transit.
Approved Approved
Sound Transit City of Kent
Brook Belman(Sep 25,2023 17:08 PDT)
Signature Signature
Brooke Belman Deputy CEO,Chief Expansion Delivery Officer
Dana Ralph,Mayor
Print or Type Name, Title Print or Type Name,Title
Date: 09/25/2023 Date: 09/13/2023
Federal Way Link Extension GA 0183-17
Task Order 2 Amendment 1
Task Order 2 Updated Attachment 3(4.2023)
Achievement Milestones and Payment Plan
PHASE 1:Design Review/Early Construction(July 2019—February 2020)
Key City Activities Achievement Milestones Payment Schedule
• 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-
of an agreed to process for expedited permit review • Final Permitting Plan approved by Sound $335,000
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)
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
• Participate in resolving issues resulting from review of • City issues permits needed to begin early
the design submittals construction activities,such as demolition and
• Review and approve other Contractor required plans clearing and grading,to support Project
• Review and approve plans for early work to relocate schedule
utilities
• Provide accurate and timely project administration
and coordination
• Participate in project coordination meetings
PHASE 2:Heavy Construction(March 2020—December 2025)
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 Q12020 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)
construction approach and the overall construction Q2 2020 Staffing/Staffing-
schedule $335,000
• Participate in resolving issues resulting from review of Payment 5(October 15,2020)
the design submittals Q3 2020 Staffing/Permitting-
• Review change orders as requested that affect City $335,000
rights-of-way
Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 1
Task Order 2 Updated Attachment 3(4.2023)
Achievement Milestones and Payment Plan
• 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-
the City's ownership $335,000
Payment 7(April 15,2021)
Q12021 Staffing/Permitting-
$335,000
Payment 8(July 15,2021)
Q2 2021 Staffing/Permitting-
$335,000
Payment 9(October 15,2021)
Q3 2021 Staffing-$335,000
Payment 10(January 15,2022)
Q4 2021 Staffing-$335,000
Payment 11(April 15,2022)
Q12022 Staffing-$335,000
Payment 12(July 15,2022)
Q2 2022 Staffing-$335,000
Payment 13(October 15,2022)
Q3 2022 Staffing-$335,000
Payment 14(January 15,2023)
Q4 2022 Staffing-$335,000
Payment 15(April 15,2023)
Q12023 Staffing-$335,000
Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 2
Task Order 2 Updated Attachment 3(4.2023)
Achievement Milestones and Payment Plan
Payment 16(July 15,2023)
Q2 2023 Staffing-$335,000
Payment 17(October 15,2023)
Q3 2023 Staffing-$335,000
Payment 18(January 15,2024)
Q4 2023 Staffing-$335,000
Payment 19(April 15,2024)
Q12024 Staffing-$335,000
Payment 20(July 15,2024)
Q2 2024 Staffing-$335,000
(Note:
Payments 16-20 are existing
under base agreement and moved
from Phase 3 to Phase 2.
Payments 21—28 are new with this
amendment.)
Payment 21(October 15,2024)
Q3 2024 Staffing-$335,000
Payment 22(Jan 15,2025)
Q4 2024 Staffing-$335,000
Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 3
Task Order 2 Updated Attachment 3(4.2023)
Achievement Milestones and Payment Plan
Payment 23(April 15,2025)
Q12025 Staffing-$180,000
Payment 24(July 15,2025)
Q2 2025 Staffing-$180,000
Payment 25(October 15,2025)
Q3 2025 Staffing-$180,000
Payment 26(January 15,2026)
Q4 2025 Staffing-$180,000
PHASE 3:Systems/Rail Activation/Project Closeout(January 2026—Achievement of Milestones)
Key City Activities Achievement Milestones
• Track and facilitate the process of required vacation of • Heavy construction and inspection activities Payment 27(April 15,2026)
City rights-of-way and dedication and recordation of end Q12026 Staffing—$180,000
property • Punch list items are accepted via a letter from
• Resolve any outstanding issues as they arise the City Payment 28(Final Payment,Date
• Review and accept record drawings • Building inspection services end and the last TBD)
• Complete Acceptance of Work activities such as by Certificate of Occupancy is issued as Q2 2026 Staffing-$180,000
issuing letters of acceptance appropriate
• Complete and document inspections to ensure
permitted work is executed according to permit
requirements
Final payment will be made
payable upon achievement of the
following:1)construction
inspection activities end,2)punch
list items are accepted via a letter
from the City,and 3)building
Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 4
Task Order 2 Updated Attachment 3(4.2023)
Achievement Milestones and Payment Plan
inspection services end and the last
Certificate of Occupancy is issued.
(And completion of all ROW and
boundary line adjustments.)
Task Order 2 Updated Attachment 3
GA 0183-17
Federal Way Link Extension Page 5
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
CITY OF KENT INVOICE COVER TEMPLATE
ISSUING COMPANY AND REMITTANCE ADDRESS INVOICE NUMBER
Prime Firm
Address Line 1 XXXXXXX
Address Line 2 DATE
Tel:(XXX)XXX-XXXX
Fax:(XXX)XXX-XXXX XX/XX/XXXX
Attn: Designated Representative PURCHASE ORDER NUMBER PRIME PROJECT NUMBER
Sound Transit Union Station XXXX
401 South Jackson Street GA 0183-17
Seattle,WA 98104-2826 PERIOD COVERED
From:XX/XX/XXXX To:XX-XX-XXXX
PROJECT TITLE
FWLE City of Kent Task Order 2 Total Invoice Amount$
GA 0183-17
PAYMENT REQUEST NUMBER
Total To Date: $0.00
Total Previously Invoiced: $0.00
Amount This Invoice: $0.00
Amount Paid to Date: $0.00
Amount Outstanding: $0.00
Original Contract Amount: $0.00
Approved Change Orders: $0.00
Total Authorized Contract Amount: $0.00
Remaining Contract Amount: $0.00
1 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.
[Project Manager Name]
[Title]
Task Order 2 Attachment 3
GA 0183-17 Page 6
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
Payment Progress Detail Template
(Please Submit with each invoice)
Invoice#: Period covered:
PHASE 1: Design Review/Early Construction
Key City Activities Achievement Milestones
• Participate in the development, review, and • City Liaison is co-located at Sound Transit's
approval of a Final Permitting Plan including the construction project office
development of an agreed to process for . Final Permitting Plan approved by Sound
expedited permit review and approval Transit and City including the process to
• Participate in the timely review of design expedite permit review
submittals of early work and return consolidated • Final Contractor mitigation plans approved by
and coordinated comments from all relevant Sound Transit and the City
City departments • City issues permits needed to begin early
• Participate in resolving issues resulting from construction activities, such as demolition and
review of the design submittals clearing and grading,to support Project
• Review and approve other Contractor required schedule
plans
• Review and approve plans for early work to
relocate utilities
• Provide accurate and timely project
administration and coordination
• Participate in project coordination meetings
Please insert narrative summarizing activities and progress towards achievement milestones:
Task Order 2 Attachment 3
GA 0183-17 Page 7
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
Payment Progress Detail Template
(Please Submit with each invoice)
Invoice#: Period covered:
PHASE 2: Heavy Construction
Key City Activities Achievement Milestones
• Participate in permit-focused, over-the- • City issues permits needed for heavy
shoulder, discipline-specific meetings described construction activities, including site
in the D-B Permitting Plan construction, building, and trade permits,to
• Provide timely review and processing of design support Project schedule
and permit submittals in a way that supports the
construction approach and the overall
construction schedule
• Participate in resolving issues resulting from
review of the design submittals
• Review change orders as requested that affect
City rights-of-way
• Provide timely inspection activities on
infrastructure constructed as part of the Project
that will be under the City's ownership
Please insert narrative summarizing activities and progress towards achievement milestones:
Task Order 2 Attachment 3
GA 0183-17 Page 8
Task Order 2 Updated Attachment 3 (4.2023)
Achievement Milestones and Payment Plan
Payment Progress Detail Template
(Please Submit with each invoice)
Invoice#: Period covered:
PHASE 3: Systems/Rail Activation/Project Closeout
Key City Activities Achievement Milestones
• Track and facilitate the process of required • Heavy construction and inspection activities
vacation of City rights-of-way and dedication end
and recordation of property . Punch list items are accepted via a letter from
• Resolve any outstanding issues as they arise the City
• Review and accept record drawings • Building inspection services end and the last
• Complete Acceptance of Work activities such as Certificate of Occupancy is issued as
by issuing letters of acceptance appropriate
• Complete and document inspections to ensure
permitted work is executed according to permit
requirements
Please insert narrative summarizing activities and progress towards achievement milestones:
Task Order 2 Attachment 3
GA 0183-17 Page 9
GA 0183-17 Kent City Services - Task Order 2
Amendment 1
Final Audit Report 2023-09-26
Created: 2023-09-25
By: Doug Haffie(doug.haffie@soundtransit.org)
Status: Signed
Transaction ID: CBJCHBCAABAAxyNgwSRFvmxvHeXCgDLpKN-gdMAIWKLT
"GA 0183-17 Kent City Services - Task Order 2 Amendment 1 "
History
E Document created by Doug Haffie (doug.haffie@soundtransit.org)
2023-09-25-9:51:49 PM GMT
Document emailed to Brooke Belman (brooke.belman@soundtransit.org)for signature
2023-09-25-9:53:42 PM GMT
® Email viewed by Brooke Belman (brooke.belman@soundtransit.org)
2023-09-26-0:07:56 AM GMT
Document e-signed by Brooke Belman (brooke.belman@soundtransit.org)
Signature Date:2023-09-26-0:08:55 AM GMT-Time Source:server
Q Agreement completed.
2023-09-26-0:08:55 AM GMT
Powered by
T SDUNDTRANSIT Adobe
Acrobat Sign
•
KENT
W A S M I N G T O N
DATE: September 5, 2023
TO: Kent City Council
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.
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)
08/15/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner