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CAG2021-140 - Original - Natural Systems Design, Inc. - Earthworks Canyon Stablization - 03/18/2021
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached CAG2021-140 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 KE41T 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: (206) 462-1246, Contact: Torrey Luiting (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare an analysis of options and preliminary design plan set for the Earthworks Canyon Stabilization Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 time those services are performed. 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, 2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Nine Thousand, One Hundred Ninety Two Dollars ($79,192), for the services 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 authorization of the City in the form of a negotiated and executed amendment to this 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. 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 - (Over $20, ODD) DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 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. C. The Consultant has an established and independent business that is eligible for a 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 established trade, occupation, profession, or business of the same nature as that involved under this Agreement. 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 Service and the state Department of Revenue. E. The Consultant has registered its business Department of Revenue and other stat e F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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 Consultant's possession pertaining to this project, which may be used by the City without restriction. If the 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. 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 delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent 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 state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. 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) DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 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 Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national 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 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. 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 suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 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. 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 having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then 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 on the Consultant's part. 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) DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 XI. OW RSHIP 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 inspection to secure satisfactory completion. XIII. W PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary 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 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 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 Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 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 dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means 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. 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 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) DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 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. I. Public Records Act. 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 and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the 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. 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 Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 03/18/2021 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 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 directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 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 Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: SfUkL At, W!K{ W For: Natural Systems Design, Inc. Title: Principal Hydrologist Date: 3/11/2021 EEO COMPLIANCE DOCUMENTS - 1 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: EFFECTIVE DATE: January 1, 1998 SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. 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. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 CITY OF KENT EQUAL EMPLOYMENT OPPOR UNITY 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 contractor for the Agreement known as into on the Kent that was entered (date), between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB56 EXHIBIT A Natul-sii `5usytcn1s E)�-siggn Stream & Riparian �r Resource Management SCOPE OF WORK EARTHWORKS CANYON STABILIZATION PROJECT CITY OF KENT, WA Prepared by; Natural Systems Design, Inc. Prepared for: City of Kent, WA P.Q. Box 15609 Seattle, WA 98115 February 9, 2021 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 City of Kent, WA I Earthworks Canyon Stabilization page 2 SCOPE OF WORK The City of Kent Public Works (hereafter the CITY) has requested that Natural Systems Design, Inc. (hereafter NSD) prepare an analysis of options and Preliminary design plan set for Earthworks Canyon to support stabilization of the reach and reduction in sediment transport. The Earthworks Canyon Reach of Mill Creek is an incising ravine delivering sediment to lower Mill Creek in the City of (Cent. The City has recently decided to address the problem in Earthworks Canyon in order to reduce the sediment output downstream. The Earthworks Canyon work will be a component of the City's larger Mill Creek Reestablishment project that proposes dredging of accumulated sediments from Mill Creek, as well as compensatory mitigaiton to be completed at the Little, Fran kford, and Matelich properties. The Preliminary design plan set for Earthworks Canyon will be developed to a level suitable for the City to submit as part of the anticpated update to its DARPA package. The process will also include the City of Kent Parks Department as a stakeholder and property owner of this site_ Parks will provide comments and input in the same window as the City on the concept and preliminary design iterations. Mill Creek Canyon is located east of SR167, just south of Canyon Drive. The canyon from Earthworks Park on East Titus Street up to SE 267" Street will be included in the sediment supply/budget analysis. Stabilization measures will be proposed at locations that will maximize sediment retention and bed stabilization. The goal of any in - stream or Bank structures will be to capture sediment and reduce channel incision and landsliding. N3ttfr.a� ;7J.�trms I,]cSiP�iS_ �► r DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 City of Kent, WA I Earthworks Canyon Stabilization Page 3 This scope of work has been drafted per coordination between the CITY and NSD in January and February 2021 and describes the technical services to be completed by NSD to support development of a Preliminary Design sufficient to support the CITY's updated permitting package. Work to be completed by NSD has been divided into the following list of tasks and linked to specific project deliverables: Task 1: Field Data Collection Task 2: Concept Design Task 3: Preliminary Design Task 4: Project Management and Coordination NSD will not proceed with any of the above tasks without Notice To Proceed from the City. For this project, NSD's core team consists of Principal in -charge and Senior Hydrologist Steve Winter, Project Manager and Project Engineer Megan Nelson, Staff Engineer Maggie Stepp, Landscape Designer Kenna Patrick, Senior DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 City of Kent, WA I Earthworks Canyon Stabilization Page 4 Ecologist Torrey Luiting, and Principal Geomorphologist Tim Abbe. Our office administrator, Kay McDonald, will assist with monthly invoicing and coordinating meetings. our team will be supported as needed by other technical staff at NSD. This section provides a scope of work describing the task elements and methodologies proposed to assist the CITY from Field Data Collection through Preliminary Design for the Earthworks Canyon Stabilization Project. TASK 1. FIELD DATA COLLECTION The field data collection effort involves a 3-day site assessment to identify key sources and types of sediment originating from within the project reach, incorporating and updating the sediment sources identified in the existing assessments. GPS points will be collected at each site to determine geographic distribution and magnitude of sites to set the upstream and downstream limits of the project and identify sediment sources. Existing hydrology will be developed for the project area, based on StreamStats and USGS gauge 12113347. NSD will develop a rapid assessment sediment sediment budget utilizing field data and NEC-RAS model results and to evaluate sediment production and potential storage capacity associated with the preferred treatment alternative. The analyses will also estimate the potential reduction in sediment yield from the canyon. A brief (2-3 page) Field Investigation memo will be developed summarizing findings, identifying sediment sources and potential structure locations, and presenting a conceptual construction approach (i.e., hand install, machine install, access considerations). The sediment analysis will be included in the memo. Assumptions 1. Includes a 2-hour kick-off meeting for the full NSD team. 2. Field data collection will occur during leaf -off conditions. 3. The CITY will provide the existing HEC-RAS model to support the sediment analysis and design. 4. A basemap will be generated prior to site work using existing LI DAR data. 5. Field work includes 1 day for (2) senior NSD staff and 2-3 days for (3) NSD staff. 6. Use of a total station will not be necessary and is not included. 7. A sediment transport model will not be developed. 8. CITY will provide one set of consolidated comments on the memo. Detiverobles: One draft and one final Field Investigation Memo TASK 2. CONCEPT DESIGN NSD will build on the information compiled during the Field Data Collection and the CITY`s HEC-RAS model to begin Concept Design. Concept designs will be developed identifying a conceptual approach to reduce sediment inputs, focusing on addressing the fundamental mechanisms causing sediment inputs: ie: bank erosion landslides / channel incision from increasing peak flows etc. Two concept layouts will be developed, along with structure details and conceptual level cost estimates. �.ttur.�l ,`7��titcnis f:Jr.Si�n � 1 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 City of Kent, WA I Earthworks Canyon Stabilization Page 5 This task also includes coordination and/or a meeting with the CITY and the Muckleshoot Indian Tribe (MIT) habitat biologist to review the findings of Task 1 and the conceptal designs and determine if one or both concepts can meet the Tribe's expectations for addressing sediment supply issues. One of the two concepts will be selected by the CITY for further design refinement during Task 3. Assumptions 1. Design plans will utilize City of Kent Design Standards. 2. Conceptual designs will be focused within the ravine. 3. Conceptual designs will not include stormwater retrofit projects outside the ravine. 4. Up to (2) Concept Layouts will be developed. 5. A meeting Iup to 3 hours) with the Muckleshoot Indian Tribe is included. 6. One round of CITY and Parks Department review and consolidated design plan comments prepared by CITY in a comment matrix; conflicting comments will be resolved by the CITY prior to transmittal to NSD. 7. NSD will prepare one round of response to CITY and Parks comments in the CiTY'S comment matrix indicating how CITY comments were resolved or why no change was made. 8. NSD will strive to coordinate this meeting with the Little property design advancement but cannot guarantee that a single meeting can be held at an appropriate time for both projects. Deliverables: ► Two concept layouts and planning level cost estimates ► Comment -Response Matrix indicating how CITY comments were resolved or why no change was made TASK 3: PRELIMINARY DESIGN NSD will update the preferred concept design to illustrate the different restoration elements and proposed construction approach (hand, machine, etc.) based on review comments obtained at a meeting with stakeholders. Design detailing will be added to develop preliminary design documents (plans and construction cost estimate), to be sufficient for supporting permitting. Designs will be developed to include CAD drawings of all structures, plan views of their locations, refined staging areas/access routes and key structure elevations. Plans will be developed in Autocad, 22x34-in format and will be provided electronically as PDFs and CAD files. We anticipate Preliminary Design will include the following design sheets: 1. Cover sheet 2. Existing conditions site plan with OHWM 3. Restoration plan with access and staging areas identified 4. Structure plan view layout 5. Structure details (plan and profile) 6. Temporary erosion and sediment control details 7. Planting plan and schedule NSD will utilize the existing HEC-RAS model for design and will not develop any new hydraulic modeling for the project. This model will be the basis for structure stability calculations. DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 City of Kent, WA I Earthworks Canyon Stabilization Page 6 Area/extent of site preparation, grading, and planting zones will be presented and described, and material quantities and construction techniques with associated access and delivery considerations will be included. NSD will develop a preliminary construction cost estimate based on the preliminary design plan set. The cost estimate will be developed to a preliminary level with associated contingency levels. Assumptions 1. Only the preferred Concept Design will be progressed to Preliminary Design. 2. LIDAR from WDNR LIDAR portal and/or Puget Sound LIDAR Consortium will be used to create the base map/topographic surface for the design plans; if LIDAR information is insufficient, CITY will provide topographic survey specific to NSD's design needs. 3. No geotechnical analysis is required. 4. Design sheets will be developed in AutoCAD 2018 or equivalent using CITY CAD standards. 5. NSD will use WSDOT unit bid items and costs where possible and our internal database of recent construction bids where applicable. 6. PDF Drawings will be produced at 11 x 17 for the preliminary design. 7. No specifications will be developed for this design iteration. 8. NSD will not develop a separate basis of design report. 9. Designs will be peer reviewed by a City of Kent Parks department consultant (Earth Corps) and comments will be provided back to NSD in a single comment matrix. This design review will include comments from the City, Parks, and Earth Corps, to be addressed in one response package. 10. To address comments on the permitting plan set deliverables, up to 20 hours effort will be made by NSD engineer and landscape architect and a revised plan set submitted as the final deliverable. Deliverables / Draft and Final Preliminary Design sheets delivered as 11" x 17" format PDFs ► Material quantities and preliminary construction cost estimate ► Comment -Response Matrix, including responses to the Earth Corps peer review TASK 4: PROJECT MANAGEMENT AND COORDINATION This task includes scheduling, budget and schedule management, coordination with the CITY, and quality control services for this work. For activities covered by this scope of work, NSD shall work closely with the CITY and to meet the goals and objectives of the work assignment. NSD will coordinate its activities with the CITY's project manager to ensure that NSD's activities do not duplicate or conflict with other consultant or CITY activities. Assumptions 1. Project work will be accomplished over 6 months (primarily between late February 2021 and August 2021 and will culminate in the CITY's (re)submittal of the preliminary design /1ARPA Package to the Corps/Ecology/WDFW. 2. Project management includes time for invoicing and budget management. 3. Project coordination includes provision for one regulatory agency meeting outside of the MIT meeting in Task 2 and City/internal coordination by the core NSD team including phone/ or email during the 6 months of project work. Natur.)l ,'�ijtite.niy ]csign Y 1 DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 City of Kent, WA E Earthworks Canyon Stabilization Deliverables Monthly invoices Email and telephone meeting notes (if requested) SCHEDULE AND COST ESTIMATE Page 7 Estimated schedule and costs for the tasks described in this Scope of Work are outlined in Tables 1 and 2 based on the assumptions described above and estimated level of effort given the information known to N5D regarding the site at the time of this contract. 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. This project schedule and budget represents our knowledge of the work already completed, best understanding of the requested project elements, and accompanying assumptions articulated herein. N5D will invoice on a Time and Materials basis, not to exceed the contract total, and may move resources between tasks within the contract amount to accomplish the scope of work and as necessary and appropriate to the work requested. NSD will coordinate with CITY on any substantive differences in actual level of effort for the tasks included herein, compared to that anticipated in the cost estimate. Table 1 — Project Schedule DESCRIPTION ANTICIPATED START TARGET ENDING DATE SUB TOTAL Task 1. Field Data Collection Early March 2021 April 2021 $32,002 Task 2. Concept Design May 2021 June 2021 $10,050 Task 3. Preliminary Design June 2021 August 2021 $31,695 Task 4. Project Management and Coordination Late February 2021 August 2021 $5,445 PROJECT TOTAL $79,192 Table 2. Detailed Cost Estimate DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 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. A. Minimum Scope of Insurance 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 Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single 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, $2,000,000general aggregate and a $1,000,000 products -completed operations aggregate limit. DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 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: The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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 Certificate of Insurance. The City reserves the right to receive a 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors 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. DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 CERTIFICATE OF LIABILITY INSURANCE PDA7TE(MMIDD/YYYY) 05/01 /2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NRG Insurance NAME: NRG Insurance aCCN E:t : (206) 363-1110 n/Xc, No): (206) 363-2044 E-MAIL insurance@nrg-insurance.com ADDRESS: P.O. Box 34628 #15043 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ohio Security Insurance Company 24082 Seattle WA 98124 INSURED INSURER B : Ohio Casulaty Insurance Co. 24074 INSURER C : CNA Natural Systems Design Inc INSURER D : 1900 N Northlake Way Ste 211 INSURER E : INSURER F : Seattle WA 98103 COVERAGES CERTIFICATE NUMBER: CL205103174 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDILSUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE To PREMISES Ea occurrence)l $ 2,000,000 MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 2,000,000 A Y BZS55573742 05/17/2020 05/17/2021 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑ PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 4.000.000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y BZS55573742 05/17/2020 05/17/2021 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ HIRED INON-OW ED AUTOS ONLY AUTOS ONLY Product -Comp Op Agg $ $2,000,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LAB CLAIMS -MADE US055573742 05/17/2020 05/17/2021 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA BZS55573742-Stop Gap 05/17/2020 05/17/2021 PER OTH- STATUTE ER E.L. EACH ACCIDENT 2,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 2,000,000 $ C Professional Liability EEH591875018 05/17/2020 05/17/2021 Per Claim $3,000,000 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Kent listed as Additional Insured as respects to work preformed by or on behalf of the insured. Coverage is Primary and Non -Contributory. Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 85FE65B1-7890-4261-AE8E-6050721CCB50 POLICY NUMBER: BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Kent Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1