HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 05/16/2022 (2) Public Works Committee
• Monday, May 16, 2022
KEN T 4:00 PM
WASHINGTON
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 865 3260 4855, Passcode: 181869
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of May 2, 2022 YES Chair 01 MIN.
Minutes
B. Consultant Services YES Melissa Dahl 10 MIN.
Agreement with Natural
Systems Design, Inc. for
Wetland Mitigation Design -
Authorize
C. INFO ONLY: Public Works NO Dave Brock 05 MIN.
Week
D. Concurrance of Grants - NO David Paine 15 MIN.
Info Only
5. Adjournment Chair
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South,
Kent, WA 98032.
For additional information please contact Nancy Yoshitake at 253-856-5508, or email
NYoshitakeCa)kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Approved
Public Works Committee
KENT CC PW Regular Meeting
W—...... Minutes
May 2, 2022
Date: May 2, 2022
Time: 4:02 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
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Agenda:
1. Call to Order 4:02 p.m. o
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2. Roll Call 'o
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Attendee Name _� Title Status Arrived a
Brenda Fincher _� Committee Chair Present a
Satwinder Kaur Councilmember Present o
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Marli Larimer Councilmember Present 1*
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3. Agenda Approval N
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4. Business
A. Approval of Minutes —
Approval of Minutes dated April 18, 2022 r
The minutes of the April 18, 2022 Public Works Committee meeting were
approved without changes.
MOTION: Move to approve the Minutes dated April 18, 2022
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RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember Q
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer E
B. Consultant Agreement with KBA, Inc. for the S. 212th Street
Preservation Project - Authorize
Construction Manager, Eric Connor noted that the S 212th Street Preservation
project runs from the Green River Bridge to Orillia Road and that it is a
federally funded project which includes new asphalt pavement,
channelization, and curb ramps on S 212th Street.
Connor stated that this consultant contract is needed to provide a Resident
Engineer, Inspector, and sub consultants to perform contract administration,
construction management, quality control, and inspection. The funding
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Page I of 5 Packet Pg. 2
Public Works Committee CC PW Regular Meeting May 2, 2022
Minutes Kent, Washington
agency requires 19 percent Disadvantaged Business Enterprise (DBE)
participation in contracts during the construction phase of the project. The
required DBE participation will be met by KBA via sub consultant contracts
with HWA Geosciences, Inc. (quality control) and Jimale Technical Services
(contract administration).
MOTION: I move to authorize the Mayor to sign the Consultant
Agreement with KBA, Inc. in the amount of $205,032 for contract
administration, management, quality control, and inspection of the S
212t" St Preservation (Green River Bridge to Orillia Rd) project,
subject to final terms and conditions acceptable to the Public Works a
Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM o
MOVER: Marli Larimer, Councilmember >
SECONDER: Satwinder Kaur, Councilmember a
AYES: Fincher, Kaur, Larimer
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C. 76th Avenue S - North Segment Project - Utility Easement and a
Temporary Construction Easement - Authorize o
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Property and Acquisition Analyst, Cheryl Rolcik-Wilcox noted that in order to N
reduce flooding on 76t" Ave South, the City will be elevating the road from o
South 2121" Street to 1,000 feet south of South 2121" Street. The project N
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includes raising the road and installing a new storm drainage system and
landscaping.
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The Project requires the City to buy from Blue Properties LLC ("Blue (D
Properties") a Utility Easement and three Temporary Construction
Easements. These easements are located adjacent to existing right of way at 2
21218 761" Avenue South. (APNs 122204-9084, 9085 and 9005) 6
("Property"). �
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Rolcik-Wilcox went on to note that Blue Properties has accepted the City's
offer of $2,500 for a 94 square foot utility easement, and $58,464 for three N
Temporary Construction Easements for a six-month period, along with
$14,500 in compensation for damages to the Property, for a combined total
of $75,464.00.
MOTION: I move to authorize the Mayor to sign all documents
necessary to acquire a Utility Easement and three Temporary
Construction Easements on portions of property owned by Blue
Properties LLC, located at 21218 761" Ave. S. for an amount not to
exceed $75,464.00, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
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Page 2 of 5 Packet Pg. 3
Public Works Committee CC PW Regular Meeting May 2, 2022
Minutes Kent, Washington
RESULT: MOTION PASSES [UNANIMOUS] Next: 5/3/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
D. Consultant Services Agreement with Consor North America, Inc. DBA
Murraysmith, Inc. for the Sanitary Sewer Comp Plan - Authorize
Design Engineer III, Drew Holcomb explained to the Committee that all
sanitary sewer providers are required to develop a Sanitary Sewer y
Comprehensive Plan (Plan) meeting the requirements of WAC 173-240-050. r
The Plan must be approved by the Washington Department of Ecology. In
King County, all sewer plans are reviewed by King County's Utility Technical 4-
Review Committee. The Plan will guide the City's near and long-term °
investments in the sanitary sewer system. o
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Holcomb noted the Plan must be consistent with the City of Kent a
Comprehensive Land Use Plan and provide a detailed overview of the Kent
Sanitary Sewer System; and describe future demands on the sanitary sewer a
system, based on growth projections. Modeling will be used to identify o
potential system deficiencies and to propose capital projects to remedy N
deficiencies, which will help the City to meet population growth goals. Having N
the Plan in place will help us secure grant funds in the future. N
MOTION: I move to authorize the Mayor to sign a contract with
Consor North America, Inc. DBA Murraysmith, Inc. to prepare the —
2023 Sanitary Sewer Comprehensive Plan Update in an amount not
to exceed $679,565, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM
MOVER: Marli Larimer, Councilmember a
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
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E. Russell Road - Meeker to Hogan Complete Streets, TIB Grant
Acceptance - Authorize
Design Engineer III, Drew Holcomb noted that the Washington State
Transportation Improvement Board (TIB) selected the city to receive
$750,000 for a Complete Streets Award.
These funds will be used to design and construct a sidewalk and ancillary
improvements between Hogan Park and Meeker Street along Russell Road.
The project will complete a gap for non-motorized users connecting Hogan
Park and the Green River Trail to Meeker Street, improving the network for
non-motorized users. Speed cushions will be installed on Russell Road to
reduce vehicle speeds.
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Page 3 of 5 Packet Pg. 4
Public Works Committee CC PW Regular Meeting May 2, 2022
Minutes Kent, Washington
MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Russell Road -Meeker
to Hogan Complete Streets Award, in the amount of $750,000, amend
the budget, authorize the expenditure of the grant funds accordingly,
and authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember ;n
SECONDER: Marli Larimer, Councilmember
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AYES: Fincher, Kaur, Larimer
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F. Meeker Street Multimodal, Kent Elementary School, PSRC TAP Grant °
Acceptance - Authorize o
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Design Engineer III, Drew Holcomb noted that the Puget Sound Regional a
Council (PSRC) has awarded the City $149,904 through the Transportation a
Alternatives Program (TAP) for preliminary engineering of the Meeker Street a
Multimodal, Kent Elementary School project. o
This segment of the Meet Me on Meeker project will convert Meeker Street N
from a 5-lane roadway to a 2-lane roadway with on-street parking and a N
separated 2-way bicycle path on the south side of the street. The project also N
includes median islands, landscaping, and a mid-block pedestrian crossing
with rapid flashing beacons. This project will further the Meet Me on Meeker —
vision, creating a stimulating urban environment and encouraging non-
motorized and transit use.
MOTION: I move to authorize Mayor to accept federal funds in the
amount of $149,904 for the Meeker St Multimodal, Kent Elementary
School project and direct staff to establish a budget for the funds.
RESULT: MOTION PASSES [UNANIMOUS] Next: 5/17/2022 7:00 PM Q
MOVER: Marli Larimer, Councilmember t?
SECONDER: Satwinder Kaur, Councilmember c
AYES: Fincher, Kaur, Larimer
G. INFO ONLY: 2023-2028 Six-Year Transportation Improvement
Program
Transportation Manager, Rob Brown stated that the Draft 2023-2028 Six-
Year Transportation Improvement Program (TIP) represents the City's
proposed transportation improvement work program for the next six years.
Per RCW 35.77.010, the six-year plan for each city shall specifically set forth
those projects and programs of regional significance for inclusion in the TIP.
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Page 4 of 5 Packet Pg. 5
Public Works Committee CC PW Regular Meeting May 2, 2022
Minutes Kent, Washington
The TIP is also required to be consistent with the Kent Comprehensive Plan,
including the recent update to incorporate the Transportation Master Plan.
Brown further explained that by including projects in the TIP it allows the
City to search for funding partners and apply for grants. Most State and
Federal agencies require that projects being submitted for grants be included
in the City's adopted TIP.
Brown provided an update on completed projects proposed to be removed
from the TIP and new projects and plans proposed to be added to the TIP.
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Brown also demonstrated the GIS StoryMap that will be used for public
engagement and feedback on the proposed TIP. —
State law requires that the City hold a public hearing before adopting the 0-
TIP. This public hearing will be held on May 17 at the regularly scheduled a
City Council meeting. g
S. Adjournment 4:43 p.m. a
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Committee Secretary N
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Page 5 of 5 Packet Pg. 6
4.6
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: May 16, 2022
TO: Public Works Committee
SUBJECT: Consultant Services Agreement with Natural Systems Design,
Inc. for Wetland Mitigation Design - Authorize
MOTION: I move to authorize the Mayor to sign the consultant services
agreement with Natural Systems Design, in the amount of $126,569 for
wetland mitigation design work on the "Little Property," subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The Mill Creek Reestablishment Project (Project) includes removal of
sediment from the stream channel and improvements to habitat and wetland
functions. The Project is designed to reduce flood levels and flood duration during
larger storm events by improving in-channel conveyance.
Natural Systems Design will complete wetland mitigation and side channel
relocation design packages for the city-owned "Little Property" located north of
James Street and east of Kent Memorial Park. The design package is required as
part of the application for federal, state, and local environmental permits.
Currently, Mill Creek flows through the Little Property in a linear channel. After the
project is completed, it will include meanders, habitat elements, and native
plantings. This portion of the Project will also increase channel capacity, thereby
reducing flood impacts near James Street.
Background:
The Project is designed to reduce flood risks, improve fish passage and
stream/riparian habitat, and protect city roadways and utility infrastructure.
BUDGET IMPACT: $126,569 expense paid for by the Drainage Utility Fund.
SUPPORTS STRATEGIC PLAN GOAL:
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.
Packet Pg. 7
4.B
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Agreement (PDF)
Packet Pg. 8
4.B.a
KENT
WAs.1..T.H
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Natural Systems Design, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Natural Systems Design, Inc. organized under the laws of the State of Washington, located
and doing business at 1900 N. Northlake Way #211, Seattle, WA 98105, Phone: (530) 574-1821, Contact:
Laura Zanetto (hereinafter the "Consultant").
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I. DESCRIPTION OF WORK.
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The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications: r
The Consultant shall develop a wetland and stream design for the Little Property for the Mill o
Creek Reestablishment Project. For a description, see the Consultant's Scope of Work which a
is attached as Exhibit A and incorporated by this reference. as
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The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the E
time those services are performed. N
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I by December 31, 2023. f°
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred Twenty Six Thousand, Five Hundred Sixty Nine Dollars ($126,569), for the services E
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior written a�
authorization of the City in the form of a negotiated and executed amendment to this Q
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year
from the effective date of this Agreement. The Consultant's billing rates shall be as delineated
in Exhibit A.
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B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 9
4.B.a
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed.
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C. The Consultant has an established and independent business that is eligible for a o
business deduction for federal income tax purposes that existed before the City
retained the Consultant's services, or the Consultant is engaged in an independently g
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement. r
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue o
Service and the state Department of Revenue. a
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E. The Consultant has registered its business and established an account with the state r
Department of Revenue and other state agencies as may be required by the J
Consultant's business, and has obtained a Unified Business Identifier (UBI) number .T
from the State of Washington. o
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its E
business. n
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the z
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the —
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City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
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VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or aM
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent Q
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing E
state or national declarations of emergency, or any current social distancing restrictions or personal r-
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic. a
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 10
4.B.a
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the .m
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national o
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Consultant shall execute g
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. r
VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or o
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's a
performance of this Agreement, except for that portion of the injuries and damages caused by the City's as
negligence. r
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The City's inspection or acceptance of any of the Consultant's work when completed shall not be .a'
grounds to avoid any of these covenants of indemnification. o
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, E
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, cn
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, ra
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence. z
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court Q
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then c
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal U
on the Consultant's part.
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The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 11
4.B.a
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of Lm
inspection to secure satisfactory completion. o
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XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary g
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall r
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
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XIV. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its r
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product. LM
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this E
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those n
covenants, agreements or options, and the same shall be and remain in full force and effect. cn
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any z
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means "
00 of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement. Q
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this a
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 12
4.B.a
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to .m
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, o
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may r
be subject to public review and disclosure, even if those records are not produced to or possessed by the g
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties �,
and obligations under the Public Records Act. r
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the o
Kent City Code. a
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 13
4.B.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
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CONSULTANT: CITY OF KENT: aM
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By: By: g
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Print Name: Print Name: Dana Ralph r
Its Its Mayor
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DATE: DATE: a
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c
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CONSULTANT: CITY OF KENT: o
Laura Zanetto Chad Bieren, P.E. E
Natural Systems Design, Inc. City of Kent n
1900 N. Northlake Way #211 220 Fourth Avenue South cn
Seattle, WA 98105 Kent, WA 98032
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(530) 574-1821 (telephone) (253) 856-5500 (telephone) z
N/A (facsimile) (253) 856-6500 (facsimile) co
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APPROVED AS TO FORM: c
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Kent Law Department Q
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ATTEST: E
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Kent City Clerk
Natural Systesm Design-Mill Creek Reestablishment 7/Dahl
CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 14
4.B.a
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding. '
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the o
directives outlines, it will be considered a breach of contract and it will be at the City's sole o
determination regarding suspension or termination for all or part of the Agreement;
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The questions are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. o
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, d
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race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement the prime contractor will provide a written statement to •n
all new employees and subcontractors indicating commitment as an equal opportunity o
employer. E
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the z
Prime Contractor, that the Prime Contractor complied with the requirements as set forth co
above. r
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By signing below, I agree to fulfill the five requirements referenced above.
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By. a
For: E
Title: Q
Date:
EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 15
4.B.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY: o
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Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal '
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating a
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. r-
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract u
and subject to suspension or termination for all or part of the Agreement. N
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 00
regulations are familiar with the regulations and the City's equal employment opportunity M
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 16
4.B.a
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime I ,
contractor for the Agreement known as that was entered o
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into on the (date), between the firm I represent and the City of 2
Kent.
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I declare that I complied fully with all of the requirements and obligations as outlined in the City o
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of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity d
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Policy that was part of the before-mentioned Agreement. J
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EEO COMPLIANCE DOCUMENTS - 3
Packet Pg. 17
EXHIBIT A
Natural Systems Design
STREAM&FLOODPLAIN RESOURCE MANAGEMENT �� P.O BOX 156og SEATTLE,WASHINGTON 98115
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SCOPE OF WORK
LITTLE PROPERTY MITIGATION DESIGN
Prepared by:
Natural Systems Design, Inc.
Prepared for:
City of Kent Public Works Department a�
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May 10, 2022 °
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The City of Kent Public Works Department (City) has requested that Natural Systems Design, Inc. (NSD) develop
a construction-ready wetland and stream design for the Little Property(Project) as described and summarized
below.The project is being developed to meet a portion of the compensatory wetland mitigation requirements o
for the City's Mill Creek Reestablishment Project.The stream and wetland design will advance initial mitigation a
concepts developed by R2 Resource Consultants (R2) in 2016, and incorporate key comments and feedback
provided by the Muckleshoot Indian Tribe Fisheries Division (MITFD) on the initial mitigation design. The project
area, consisting of the Little Property's parcel boundaries and connection to Mill Creek is illustrated in Figure 1. r_
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Figure 1.Little Property Site Extent
Packet Pg. 18
4.B.a
City of Kent I Little Property Mitigation Design Page 2
This scope of work describes the technical services to be completed by NSD to support the advancement of the
mitigation design concepts developed by R2 in 2016 by collecting updated existing condition base design data,
evaluating mitigation design alternatives, and developing design documents to support the City's permitting
process and guide implementation of mitigation actions at the project site. Work to be completed by NSD has
been divided into the following tasks and linked to specific project deliverables:
Task 1: Baseline Review and Data Collection
Task 2: Draft Mitigation Design Development and Review
Task 3: 60% Design and Mitigation Plan
Task 4: 90% Design and Mitigation Plan a�
Task 5: 100% Design and Mitigation Plan
Task 6: Project Management and Coordination o
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For this project, NSD's core team consists of Steve Winter, PWS, Principal In-Charge leading quality assurance
and review of deliverables; Laura Zanetto, BLA, Project Manager, leading project design, coordination, and °'
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wetland mitigation assessment;Torrey Luiting, PWS, supporting project design and compensatory mitigation M
consistency; Megan Nelson, PE, leading project engineering; and Julia Jay, EIT, leading hydraulic modeling and
channel design. Our core team will be supported by Kevin Fetherston, PWS who helped develop the original R2 Q.
design and our administrative staff for project tracking and monthly invoicing, as well as other NSD staff °
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engineers, scientists, and technicians as needed to complete the tasks as detailed in this scope of work. as
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The City will provide NSD with Notice to Proceed(NTP)prior to the start of each individual task(Tasks 1-5). J
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Commencement of Task 6 Project Management and Coordination, will be concurrent with NTP provided for any a'
other task. °
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TASK 1. BASELINE REVIEW AND DATA COLLECTION U,
NSD will collect relevant field data as listed below to support assessment, design, and analysis during a single
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day field survey to document current hydrologic, hydraulic, and ecologic conditions at the Project site.The work
will draw heavily on information and conclusions documented in the Mill Creek Reestablishment Conceptual Z
Mitigation Plan and Little Property Restoration Design document, prepared by R2 in 2016, and advance those 00
findings by filling data gaps and conducting site-specific analyses to support the development of a constructable M
and ecologically viable mitigation design. During a single-day's field effort,the NSD design team will collect and
document the following key site characteristics, as appropriate:
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• Select, existing conditions site topography, collected via ground survey for updating City-supplied site L
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survey, and publicly-available LiDAR data, Q
• Vegetation communities and spatial/elevational diversity,
• Channel and floodplain sediment materials and distribution (i.e., presence and location of cobbles, E
gravels, and fine sediments documented through visual assessment and the Wolman pebble count), U
• Existing locations and conditions of key habitat types if present(i.e., pool, riffle, alcove, floodplain, etc.), a
• Existing condition of the Mill Creek channel and overflow pathways identified in the R2 design.
Following field work,the NSD team will process collected data and generate an updated existing conditions
surface (Task 2), which will serve as the base data for hydraulic modeling and design efforts completed under
Tasks 2 through 5.
Natural Systems Design
Packet Pg. 19
4.B.a
City of Kent I Little Property Mitigation Design Page 3
Baseline Review and Data Collection Assumptions:
• The 2016 Conceptual Mitigation Plan and Little Property Restoration Design document and conceptual
drawings will serve as the basis of information for historical conditions.
• The budget assumes a single 10-hr day of field effort, including travel,for up to 4 NSD staff(the NSD
design team), including Megan Nelson, engineering design lead, Laura Zanetto, mitigation and habitat
restoration lead,Julia lay, engineering support and survey technician, and Colin Riordan, habitat
restoration support and survey technician. NSD may substitute staff as necessary to complete field work
as dictated by the project schedule.
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Task 1 Deliverables:
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• Data, photos, etc., collected under Task 1 will be incorporated into Task 2-5 deliverables. _
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• Field observations, data, and photographs can be made available to the City in .kmz, Jpeg, shapefile, or
another format as applicable. =
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TASK 2. DRAFT MITIGATION DESIGN DEVELOPMENT AND REVIEW o
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Based on the information gathered under Task 1, NSD will work with the City to refine the R2 mitigation design T
for the Project site to meet known agency and MITFD concerns regarding sufficient mitigation for in-stream
impacts of the Mill Creek project.The mitigation design will consider known constraints, risks, and MITFD a_
requests for increasing the quality and quantity of salmonid habitat within the Project site. N
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NSD will prepare an updated existing conditions AutoCAD surface which will be used for hydraulic modeling of N
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existing conditions and serve as the base surface for proposed grading work. Following design development, m
NSD will prepare a proposed conditions surface and proposed conditions hydraulic modeling results. From these cn
proposed conditions elements, NSD will prepare a draft mitigation design figure, depicting the nature and 0
extents of project elements and their proposed ecological intent.The draft mitigation design figure will consist
of one, 11"x17" sheet illustrating proposed site actions and any relevant details determined to be necessary to z
convey the project intent.The intent of the draft mitigation design figure is to illustratively convey project intent
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for review and consideration by the City, prior to the development of 60% Design (Task 3).
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Following City review and approval of the draft mitigation design figure,the City will organize and coordinate a
virtual meeting with the MITFD to review and discuss the draft mitigation design. NSD will support the City
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during this meeting to convey the intent of the design and respond to any technical questions the MITFD may
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have. a�
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NSD assumes this meeting will provide acceptance of, or clear direction for minor design modifications from the
MITFD,from which NSD will begin the preparation of the 60% Design (Task 3). Beyond compilation of base data E
and proposed conditions modeling, NSD will not begin Task 3 work until approval of the draft conceptual design U
has been provided by the City.
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Draft Mitigation Design and Hydraulic Modeling Assumptions:
• NSD's preliminary review of R2's AutoCAD files determined there is a need to generate a digital elevation
model(DEM)surface for the project site. Project base data will consist of a combined DEM surface,
compiling data from publicly available 2016 Green LiDAR, supplemented with City-collected survey data,
and NSD supplemental survey data collected under Task 1. The combined DEM surface will serve as the
basis for the existing conditions and proposed conditions hydraulic model and grading work.
Natural Systems Design
Packet Pg. 20
4.B.a
City of Kent I Little Property Mitigation Design Page 4
o Project base data and design deliverables will be developed using AutoCAD Civil 3D 2020
software.
o The City will provide NSD with all pertinent previously collected survey data for use in developing
existing conditions base data.
o The City will provide NSD with R2's HEC-RAS hydraulic modeling files for use in NSD generating
the updated existing conditions hydraulic model.
o Existing and proposed conditions hydraulic modeling are limited to two runs each, anticipated to
be the 2-year and the 100-year flood events.
o Hydraulic modeling results will be used to inform the draft mitigation design. Documentation of o
results is included in Tasks 3-5(design iterations of the Mitigation Plan).
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• Vegetation analyses will be conducted using 2020 City-provided drone imagery, supplemented by a
observations made in the field under Task 1.
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• The City will provide documentation of and coordination and/or design assumptions and responsibility of
those assumptions with utility entities on location, extent, depth, and potential constraints around
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modification of existing utilities. a
0 2 hours of coordination with up to two utility companies have been included for one NSD staff T
engineer to review and provide design input relative to design considerations at the locations of
existing utilities. This includes preliminary discussions with utility entities on approaches for a,
modifications, if necessary. Coordination with more than two utility companies is not included in
this scope of work.
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o Before the conclusion of Task 2, the City will provide clear direction on the dispensation and °'
limitations posed by the water line that runs through the site. NSD must know whether or not the cn
water line and Lumen Duct bank will remain in place or be relocated so that NSD's draft and
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subsequent design phases can take this site constraint into account.
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Draft Mitigation Design Review and Coordination Assumptions:
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• Draft mitigation design will consist of a single illustrative plan view representation of the proposed
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design. Drafted details of work elements will be provided only as necessary to convey intent.
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o The draft mitigation design will be developed in AutoCAD Civil 3D 2020 and will serve as the E
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basis for all work under Tasks 3-5.
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• This scope of work assumes one round of City review and comment on the draft mitigation design and Q
illustrative figure prior to MITFD review. Conflicting City comments will be resolved by the City prior to c
transmittal to NSD. E
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• The City will organize and coordinate a review meeting with the MITFD; up to 2 key NSD project staff will r
provide technical support during the meeting. Q
Task 2 Deliverables:
• A single draft mitigation design graphic, produced in AutoCAD Civil 3D 2020, and delivered as 11"x 17"
format PDF,for one round of City review and consolidated comments,conflicting comments will be
resolved by the City prior to transmittal to NSD.
• One draft mitigation design review conference call with City, attended by up to 4 NSD technical staff.
Natural Systems Design
Packet Pg. 21
4.B.a
City of Kent I Little Property Mitigation Design Page 5
• NSD technical support for up to 2 project staff at the MITFD draft mitigation design review meeting.
TASK 3. 60% DESIGN AND MITIGATION PLAN
As a result of the draft mitigation design review meeting with the City and the MITFD completed under Task 2,
the mitigation design will be advanced to 60%design.The primary deliverables of this task are 60%design
drawings, engineer's cost estimate, special provisions, and Little Property Mitigation Plan.
NSD anticipates the 60%design drawings to be approximately 12 sheets,which would include: c
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• Cover a
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• General Notes c
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• Legend
• Existing conditions °'
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• Access and staging/dewatering/temporary erosion and sediment control
• Proposed conditions
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• Grading plans (2 sheets) a
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• Channel profiles and cross sections a
• Planting plan T
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• Plant schedules
• Construction details ca,
Task 3 includes development of the 60%design engineer's cost estimate and project special provisions. Project o
special provisions will be developed in WSDOT format, as necessary to convey specific design details and intent.
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Project special provisions are limited to WSDOT Divisions 2-9. m
To document the 60% mitigation design, NSD will prepare a Mitigation Plan which will describe the project's N_
basis of design relative to project evolution and current site conditions.The Mitigation Plan will include f°
quantification of mitigation areas as designed, for the City's use in fulfilling a portion of the mitigation c
requirements for the Mill Creek Reestablishment project.The Mitigation Plan will also document of design Z
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decisions made specific to MITFD comments as well as hydraulic modeling results (prepared under Task 2).
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One, one (1) hour meeting, is included to discuss comments and revisions to the 60% design deliverables,to be
attended by up to three (3) NSD technical staff. Revisions resulting from the review meeting will be incorporated
into the 90%design deliverables (Task 4).
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As requested by the City, NSD has included a second round of review on 60%design deliverables, as authorized Q
by the City. If permitting review requires additional minor revisions to the 60%design deliverables (and thus a
revised iteration of the 60%design deliverables be produced), a second one hour-long design review meeting
will be held, as authorized by the City, attended by up to three (3) NSD technical staff. In this case, comments
received on the 60% design deliverables will be incorporated into Revised 60%design deliverables under this 2
task. Q
Task 3 Assumptions:
• NSD will utilize previously provided City of Kent AutoCAD templates and drafting standards for the 60%
design drawings.
• This scope of work does not include permit coordination, applications, or figures.
Natural Systems Design
Packet Pg. 22
4.B.a
City of Kent I Little Property Mitigation Design Page 6
• The City will provide NSD with a summary of the Mill Creek Reestablishment Project's proposed impacts.
NSD does not anticipate or guarantee that the Little Property will be able to satisfy all mitigation
requirements resulting from the Mill Creek Reestablishment Project.
• A detailed cross walk between the impacts and the various mitigation sites (e.g., Little Property,
Frankford, and Matelich)is not included in this scope of work.
• Project special provisions will be developed in WSDOT format and limited to Divisions 2-9, as necessary
to describe project work.
• Hydraulic modeling results prepared under Task 2 will be incorporated into the 60%design deliverables a,
(i.e., Mitigation Plan), additional modeling is not included under this task. N
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• Task 3 assumes one round of review and consolidated comment from the City on the 60%design c
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deliverables.
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o Comments received on 60%design deliverables will be incorporated into 90%design deliverables =
(Task 4).
o Should regulatory and/or stakeholder review of the 60%design deliverables require additional, Q
minor revision prior to permit submittal, NSD will provide one round of Revised 60%design a
deliverables. Revised 60%design deliverables will only be produced as authorized by the City. T
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o Development of Revised 60%design deliverables assumes substantive changes to the 60%design
are not required.Additional rounds of review and revision would require a contract amendment. a,
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Task 3 Deliverables: p
• 60%Design plans in 11x17 PDF format E
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• 60%Design Engineer's Cost Estimate in PDF format >,
• 60%Design Special Provisions
• 60%Design Mitigation Plan in Microsoft Word format z
• The following will only be provided following authorization by the City: 00
o Revised 60%Design plans in 11x17 PDF format
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o Revised Design Engineer's Cost Estimate in PDF format
o Revised 60%Design Special Provisions L
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o Revised 60%Design Mitigation Plan in PDF format Q
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TASK 4. 90% DESIGN AND MITIGATION PLAN U
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Under Task 4, NSD will incorporate City comments on the 60%design (or Revised 60% design) deliverables(Task Q
3) and produce a 90%design package.The 90%design deliverables will include 90%design drawings, hydraulic
modeling results, engineer's cost estimate, special provisions, and Mitigation Plan.
NSD anticipates the following design elements will be advanced and included in the 90% design drawings:
• Construction sequencing sheets for any wood structures (as necessary),
• Refinement of planting and mitigation areas (as necessary) to capture any design modifications, and
• Additional and refined TESC and construction details (as necessary).
Natural Systems Design
Packet Pg. 23
4.B.a
City of Kent I Little Property Mitigation Design Page 7
In conjunction with the advancement of the 60%design (or Revised 60% design) package to 90% design, NSD
will update the hydraulic model to evaluate the 90%design conditions.The model surface will be modified to
represent the elements of the 90%design.The hydraulic model will be run under the same design flows of
interest used in Task 2, which are anticipated to be the 2-year and 100-year flow events.Task 4 includes
advancement of the engineer's estimate and project special provisions.The 60% Mitigation Plan will also be
updated to include any design modifications, updated hydraulic modeling results, and any modifications in
mitigation areas resulting from the 90% design changes.
Assumptions:
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• Substantive changes to the 60%design (or Revised 60%design) are not required by the City, regulatory •N
agencies, or other stakeholder review. p
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o Additional rounds of agency, or stakeholder review is not included. g
o A meeting with the City to review and discuss comments and design modification is not included 2
under this task. 90%comments are reviewed and incorporated under Task 5. M
• The City will provide one round of review and consolidated comments on the 90%deign deliverables. W
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Comments received on the 90%design deliverables will be incorporated into the draft 100%design o
deliverables(Task 5). a
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Deliverables: J
• 90%Design plans in 11x17 PDF format a,
• 90%Design Engineer's Cost Estimate in PDF format p
• 90%Design Special Provisions E
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• 90%Design Mitigation Plan in Microsoft Word format
• 90%Mitigation Plan documenting any design changes between 60%and 90%design and their
implications on the areas available for mitigation.
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o 90%hydraulic modeling results updated to reflect 90%design conditions included within 90%
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Mitigation Plan
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TASK S. 100% DESIGN AND MITIGATION PLAN E
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Task 5 includes development of a single submittal package including 100%stamped construction documents and Q
final Little Property Mitigation Plan. City comments received on 90%design deliverables will be incorporated
and the 90%design advanced to stamped, 100% design deliverables.
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Assumptions: U
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• Substantive changes to the 90%design are not required by the City, thus the 90%design hydraulic Q
modeling results will be applicable to 100%design.Additional rounds of hydraulic modeling are not
included under this task.
• All final comments on project deliverables will be provided on the 90%design deliverables(Task 4).
Additional rounds of City, agency, or stakeholder review are not included.Additional rounds of review
and revision would require a contract amendment.
Natural Systems Design
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4.B.a
City of Kent I Little Property Mitigation Design Page 8
• The City will develop and compile the construction bid package and project construction manual,bid
package and project construction manual creation/compilation are not included.
Deliverables:
• Stamped, 100%Design plans in 11x17 PDF format
o Final, raw design data can be delivered to the City via AutoCAD Civil 3D 2020 E-Transmit,
following delivery of 100%Design.
• 100%Design Engineer's Cost Estimate in PDF format
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• 100%Design Special Provisions
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• 100%Design Mitigation Plan in PDF format c
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o Final, hydraulic modeling data can be delivered to the City in HEC-RAS format.
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TASK 6. PROJECT MANAGEMENT AND COORDINATION
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This task includes scheduling, budget and schedule management, coordination with the City, and quality control °
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services for this work. For activities covered by this scope of work, NSD will work closely with the City to meet as
the goals and objectives of the work assignment. NSD will coordinate its activities with the City's project J
manager so that the City can ensure NSD's activities do not duplicate or conflict with another consultant or City c
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activities.
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Assumptions: ,n
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• Project management will entail approximately 2 hours per month over the course of the anticipated °'
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project schedule for invoicing and budget management, and approximately 5 hours of project team cn
coordination with the City by phone or email.
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Deliverables:
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• Monthly invoices, emails, and telephone meetings. 00
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PROJECT BUDGET AND SCHEDULE
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This project budget represents our knowledge of the work already completed, best understanding of the
requested project elements, and accompanying assumptions. For the scope of services described above, NSD
will invoice on a Time and Materials basis, not to exceed the contract total of$126,596, and may move Q
resources between tasks as necessary and appropriate within the contract amount to accomplish the scope of
work, upon written approval by the City. NSD will coordinate with the City on any substantial differences in E
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actual level of effort required for the tasks outlined in this scope of work, compared to that anticipated in the U
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cost estimate. Q
This budget estimate is made based on the scope of work outlined above and is broken out per task below in
Table 1.Table 2 presents the staff and level of effort related to each project task. It is our understanding that the
necessary funds are available for this project and that these funds are committed to the project upon execution
of this agreement. NSD would begin work upon contract execution.The progression through the tasks described
herein is dependent on the receipt of the materials detailed herein from the City.We understand the City has an
aggressive timeline for completion of this scope of work and will work with the City to move through these tasks
as is feasible.
Natural Systems Design
Packet Pg. 25
4.B.a
City of Kent I Little Property Mitigation Design Page 9
TABLE 1— PROJECT BUDGET AND SCHEDULE
DESCRIPTION ANTICIPATED TASK DURATION* TASK SUB TOTAL
Task 1. Baseline Review and Data Collection 1 Month $15,991
Task 2. Draft Mitigation Design Development and Review 1-2 Months $30,592
Task 3.60%Design and Mitigation Plan 2-3 Months $36,880
Task 4.90%Design and Mitigation Plan 2 Months $21,084
Task 5. 100%and Mitigation Plan 1 Month $10,598
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Task 6. Project Management and Coordination 7-9 Months $11,424 N
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PROJECT TOTAL $126,569
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*Tasks would occur concurrently as indicated.Tasks would begin following receipt of NTP from the City.Task
durations would be updated to reflect any unanticipated delays or changes to this scope of work. a�
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TABLE 2— PROJECT STAFFING AND BILLING RATES
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Total +�+
Hours Labor Cost Expenses Total Cost J
Task Task Description Staff Billing Rate: 5200 5230 5195 5195 5172 5152 5172 S85 C
1 baseline Rerre::and Da!a CaAecLmn 16 2 2 24 24 20 E£ S i�,E3 5 791_.00 5 15,991 'LM
2 Draft Idingation Design Developmen!and Re•:!err 13 2 18 2 72 74 181 5 30,592 5 30,592 Q
3 60%Design and tditigaknn Plan 27 2 33 3 81 64 4 214 5 3b,880 S 36,880
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4 90%Design and td Rigatbn Wan 22 2 8 34 % 124 5 21,084 $ 21,08e E
5 100%0esign and to Rigakon Wan 10 2 6 14 30 62 5 10.5M S 10,598 d
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6 Project IAa no ge nre nt and Coordination 12 3 8 32 '; 6 66 S 11.424 S 11.424
Su6Tatala 100 1 11 75 7 257 255 1 20 10 1 735 f 125,77i S 79 M f 126,689 (n
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TOTALI S 126.569 3
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Natural Systems Design
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4.B.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors. o
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A. Minimum Scope of Insurance °
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Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance o
Services Office (ISO) form CA 00 01 or a substitute form providing a
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage. J
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2. Commercial General Liability insurance shall be written on ISO T
occurrence form CG 00 01 and shall cover liability arising from o
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability E
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability cn
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 it 85 or a
substitute endorsement providing equivalent coverage. z
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3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
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4. Professional Liability insurance appropriate to the Consultant's
profession.
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B. Minimum Amounts of Insurance Q
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Consultant shall maintain the following insurance limits: E
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1. Automobile Liability insurance with a minimum combined single a
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
Packet Pg. 27
4.B.a
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
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1. The Consultant's insurance coverage shall be primary insurance as o
respect the City. Any Insurance, self-insurance, or insurance pool o
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
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2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days .D
prior written notice by certified mail, return receipt requested, has o
been given to the City. a
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3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the o
Certificate of Insurance. The City reserves the right to receive a N
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
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D. Acceptability of Insurers co
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Insurance is to be placed with insurers with a current A.M. Best rating of not M
less than ANII. c
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E. Verification of Coverage a
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Consultant shall furnish the City with original certificates and a copy of the Q
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of E
the Contractor before commencement of the work.
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F. Subcontractors a
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Packet Pg. 28
4.0
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: May 16, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: Public Works Week
SUMMARY: May 15-21, 2022 marks the 62nd year of national recognition for Public
Works Week. Public works staff brief Council on a multitude of improvement
projects, maintenance activities, and inclement weather responses performed by
staff. Public Works Week is an opportunity to recognize and celebrate the amazing
women and men that have chosen to make public works their profession.
Public works professionals keep communities strong by providing services in
transportation, water, wastewater and stormwater, emergency management and
first response, solid waste, and right-of-way management. Their efforts, working
tirelessly around the clock (more often than not behind the scenes), are what make
our communities great places to live and work.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 29
4.D
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: May 16, 2022
TO: Public Works Committee
SUBJECT: Concurrance of Grants - Info Only
SUMMARY: City Transportation Planner, David Paine gave a brief presentation on
the following Grant Opportunities
2022 WSDOT Pedestrian and Bicycle Grants which include the following:
1. Design and construction of a Pedestrian Hybrid Beacon on Pacific Highway in the
section between Fred Meyer and Lowes.
2. Construction of the 64th and Meeker Intersection
3. Construction of a Pedestrian Hybrid Beacon on Kent-Kangley Road at Lake
Meridian Park. The design for this is complete through a partnership with King
county Metro.
4. Planning for Downtown Bike Connections at the Interurban Trail to Kent Station.
Still in the early stages of the process.
2022 WSDOT Safe Routes to Schools Grants which include the following:
1. Meet Me on Meeker (MMoM) Kent Elementary Frontage
2. Construction of 64th Avenue South at South 236th Street. Design is complete
through a partnership with King County Metro.
Packet Pg. 30