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HomeMy WebLinkAboutCAG2019-459 - Original - Natural Systems Design, Inc. - Mill Creek Reestablishment Wetland Mitigation Design - 11/08/2019 Agreement Routing Form KENT For Approvals, Signatures and Records Management Wn S.I IN 0TON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Melissa Dahl Department: public Works Date Sent: 11/6/19 Date Required: 11/13/19 0 Authorized Director or Designee Date of 11/5/19 a. to Sign: Council QMayor Approval: Budget D20086 Grant? � Yes � No Account Type: N/A Number. Vendor or Name: Natural Systems Design, Inc. Cate 9 Y: Contract Vendor 69570 Sub-Category 0 Number: EProject Mill Creek Reestablishment A. Name: 0 Project provide compensatory wetland mitigation design services. Z Details: e a Basis for E Agreement $97 312 0 Amount: Selection of Contractor: `Z Start Date: Mayor's signature Termination Date: 12/31/20 Notice required prior to Yes No Contract Number: — disclosure? � ���� �$/ Date R C UVED Comments: c 1. cc City of Kent Office of the Mayor KENO` �4W DEPT � Date Routed to the Mayor's Office: in a Date Routed to the City Clerk's Office: Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT DATE: November 5, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Natural Systems Design, Inc. for Mill Creek Reestablishment Project, Wetland Mitigation - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Natural Systems Design, Inc. in an amount not to exceed $97,312 to prepare a wetland mitigation design plan and other project support for the Mill Creek Reestablishment project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Environmental permits required for the work associated with the Mill Creek Reestablishment Project (Project) require compensatory mitigation for wetland impacts. This consultant services contract with Natural Systems Design, Inc. will provide the wetland mitigation design and ongoing interagency support needed to help the City obtain our environmental. The approval of this contract will support necessary actions for the success of the Mill Creek Reestablishment Project. The Mill Creek Reestablishment Project will reduce flood risks, improve fish passage and stream/riparian habitat, as well as sustain ongoing growth in the City. BUDGET IMPACT: No unbudgeted impact. Contract costs are included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government ATTACHMENTS: 1. Mill Creek Reestablishment Exhibit NSD contract (PDF) 10/22/19 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/5/2019 5:00 PM KENT 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. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide compensatory wetland mitigation design services for the Mill Creek Reestablishment Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Seven Thousand, Three Hundred Twelve Dollars ($97,312), 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. 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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 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 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 and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 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 Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. 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. 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. VII. INDEMNIFICATION. 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 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 Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 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 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. VIII. 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. 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. 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 Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though 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. XII. WORK PERFORMED AT CONSULTANT'S RISK. 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 Consultant's own risk, and 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. XIII. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 VII 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 Consultant. 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 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 - 4 (Over$20,000) 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. CONSULTANT: CITY OF KENT: F{ t T By: � By (signature) (signature) Print Name: z,;1,-%cj �;t>'> r'd Print Name: Dana Ral h Its__„_® I?-t-Q1r0 Its Ma or (title) DATE: DATE: 1a NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Torrey Luiting Timothy J. LaPorte, P.E. Natural Systems Design, Inc. City of Kent 1900 N. Northlake Way #211 220 Fourth Avenue South Seattle, WA 98105 Kent, WA 98032 (206) 462-1246 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: J�4k`4l Kent Law Department ATTES : , 4yv" Kent Cit Clerk Natural Systems Design- Mill Creek Reestablishment 5/Dahl CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 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: For: Title: t'j Date: EEO COMPLIANCE DOCUMENTS - I 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: 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 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 contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. 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 EXHIBIT A Natural Systems Design Stream&Riparian �� P.O. Box 15609 Resource Management Seattle,WA 98115 SCOPE OF WORK COMPENSATORY WETLAND MITIGATION DESIGN, IN SUPPORT OF KENT MILL CREEK REESTABLISHMENT PROJECT, CITY OF KENT, WA EFL- EU E-.T I f E1.T .^ . L -T1' E.TE T fE.I.TI p,'. '..E.T E I M L.ET E LL E ry } E I -T -TE E-C FT v 1 ?�_,r••"} - s+A as '.' .k a �T - T EET-71 a y «,v... E E E fl E I 11 ER- -- -=j3L { r- - /( T ER- EL E-TI I F E7 lJ E T EE T L EIL- Di-ILD-n -E- n LEGEND 11,11 eJL :._E, 1-11 --E+.Eh7 1.7 NOTES a­IT, 7074L zIMIED A1.A..9-.2,5 SOFr(L2J ACRES) '. JPLANC AREA 25.769 SOFT(0.59 AI.SES). ®SEASONALLY BONDED NET(ANO- 2 TOTAL 6ERAN0 QEMS M%WENT AREA 59,363 SCFr(1 36 ACRES) 6 6EED CONTROL AREA 69,975 Srf7(161 ACRES) Q10iGENt/SCRti�SHRUB FlN<T i0F1NWIIY a m7AL��0 RBIA rARW ARE&12,063 SOFT(0.26 ACRES) 9. ROAD AND FWAA1NDER OF FRL R11WVAL u OER t R MllM'VMV PONOE^AREA 13.916(0.52 ACRES) SAT . SATURATED ZONE-F E57ED SCRUa- RU SHB PUNT S 3EASCNA(L7 PION AREA 31,667 SOFT(6.73 AdtES). COk%KA Y 6. SA7URATEO AREA(3.720 SOFT(D.31 ALRCS). Prepared by; Natural Systems Design, Inc. Prepared for: City of Kent, WA October 15, 2019 City of Kent, WA I City-Identified Wetland Mitigation Site Page 2 SCOPE OF WORK In order to meet the anticipated compensatory wetland mitigation requirements of the City of Kent Public Works(hereafter CITY)Mill Creek Reestablishment Project, Natural Systems Design(hereafter NSD)will prepare 3o%design plan set and a corresponding Wetland Mitigation and Monitoring Plan(Mitigation Plan) document for a privately owned,approximately 10.2-acre site(King County parcel#2222049029)located east of SR516 and west of Frager Road South. It is our understanding that the CITY has completed a limited Phase 2 Environmental Site Assessment of this property via eight, 5 feet deep test pits(with additional sampling now scheduled to occur at test pit#8 due to elevated levels of PAHs)to characterize potential contamination within the fill material that has beem placed on the site in various iterations since the 196os. This SOW assumes that the levels of PAHs and pesticides at the site can be remediated by the the City sufficiently to be compatible with a wetland restoration project. Should the CITY determine that contamination is incompatible with restoration,this SOW would need to be reevaluated. It is our understanding that at this time the CITY intends to pursue propety acquisition so the CITY can restore wetlands on the site as compensatory wetland mitigation for its Mill Creek Restablishment Project impacts. g' ?e � N /R WE t; TP-b TP' �w 18111'2019103, + `' T LANDSCAPE 011 # +„« MINIMALES/ NURSERY " z_ 4 This scope of work has been drafted per coordination between the CITY and NSD in September and October 2019 and describes the technical services to be completed by NSD to support development of a 30% mitigation design sufficient to support the CITY's already submitted JARPA application for an Individual Clean Water Act Section 404 permit for impacts to wetlands and waters from the Mill Creek Reestablishment Project. Per City request, NSD will not start work,even once under contract,until Notice to Proceed is received from the CITY. Natural stems Design l City of Kent, WA I City-Identified Wetland Mitigation Site Page 3 SCOPE OF RESTORATION DESIGN The City-identified site includes the floodplain of Midway Creek,a tributary to the Lower Green River. The floodplain has been largely filled over time. The fill pad on the site has constrained the Midway Creek corridor to about zoo feet—while it appears to have been over 1,000 feet wide prior to alteration. Full restoration of the site and Midway Creek is not proposed as part of this compensatory wetland mitigation project. Since Lower Midway Creek is a critically important system,the wetland mitigation design is envisioned as a first step to remove artificial fill and re-introduce native plants, but acknowledges that future work on the site is likely to be necessary for full stream restoration and realization of the important fish habitat potential of the site. The primary project design objectives are: providing a short term increase in wetland area and function while allowing for a larger watershed scale rehabilitation of the Midway Creek corridor, removing fill and increasing the area inundated with surface waters to increase wetland area,and reducing invasive weeds. Specifically,the proposed compensatory wetland mitigation project will: • Remove fill to restore the historical floodplain elevations,which will be inundated. • Provide locally low areas to allow for restoration of a multiple channel network in the future and multiple hydroperiods. • Include soil enhancements to support vegetation development,which may include overexcavation • Involve removal of contaminated sediments in areas of excavation • Enhance native plant richness in the former fill areas. • Include weed control (primarily blackberry)in the area surrounding the proposed excavation. • Enhance the upland buffer immediately surrounding the proposed excavation. TASK 1. REGULATORY AGENCY AND TRIBAL COORDINATION SUBTASK 1.1 SITE VISIT AND REGULATORY AGENCY AND TRIBAL COORDINATION ON CONCEPTUAL DESIGN NSD has thoughtfully considered these goals and design criteria,the site conditions, and the landscape setting of the site's wetland and stream and has designed an approach to compensatory wetland re- establishment and rehabilitation based on our experience and best professional judgement.We believe the approach proposed herein could be generally acceptable to the U.S.Army Corps of Engineers and Washington State Department of Ecology and can ultimately result in an increase in wetland function sufficient to compensate for a portion of the impacts from the Mill Creek Restablishment Project. However,site geometry constraints, as well as the need to design a wetland project that would not preclude more comprehensive restoration of Midway Creek, creates a somewhat atypical opportunity at the site. Therefore, NSD would work with the City to ensure regulatory agency representatives are willing to accept atypical aspects including limited buffers and limited extent of restorative work on the site. NSD will prepare for and present at a regulatory agency mitigation review meeting to be held at CITY, NSD offices, or at the mitigation site.The meeting would ideally include the USACE, Ecology,WDFW, USFWS, Natural Cjgstems f)esion City of Kent, WA I City-Identified Wetland Mitigation Site Page 4 NMFS,and the Muckleshoot Indian Tribe(MIT)habitat biologists. The mitigation review meeting will occur after the Corps public comment period has concluded and prior to the beginning of Task 3,and will inform refinement of the general mitigation approach previously drafted by NSD. Assumptions 1. NSD will initiate contact with the regulatory agencies at the CITY's direction. 2. On-site meeting duration anticipated to be approximately 6 hours,including travel and preparation and includes approximately 4 hours preparation time for the lead ecologist and hydrologist and support team time to prepare appropriate graphics. Deliverables: ► PowerPoint presentation for regulatory agencies. SUBTASK 1.2 SUPPORT WITH REGULATORY AGENCY AND TRIBAL COMMENTS ON MITIGATION APPROACH NSD will review comments and questions on the general mitigation approach previously drafted by NSD received from the Corps, Ecology,WDFW,and Muckleshoot Indian Tribe fisheries department following CITY submittal of the JARPA and conclusion of the Mill Creek Reestablishment project public comment period (anticipated to be near end of November 2019). NSD will provide the CITY with email clarifications and will indicate how comments could be addressed in the preliminary plans/3o%design iteration. Assumptions 1. Email response to comment suggestions. 2. Regulatory agency input which would require significant changes to the general mitigation approach and/or changes to the availability of the site or as a result of the Phase 2 testing cannot be addressed within this scope of work.Such changes will require a contract amendment. Deliverables ► Email and telephone meeting notes(if requested)regarding response to comments TASK 2. BASELINE CONDITIONS DATA COLLECTION AND ANALYSIS NSD will build on the compiled background information used during the past conceptual design phase(May to July 2019)and will conduct additional field visits and data collection sufficient to support development of a 3o%design for approximately 1.36 acres of wetland re-establishment and 0.28 acre of wetland rehabilitation at the site by accomplishing a project encompassing approximately 2.2 acres. We anticipate the primary aspects of the data collection and analysis will be related to the hydrologic pathways,elevations and depths of fill,and vegetation communities.As part of this task, NSD anticipates the need for a hydrologic and hydraulic model of Midway Creek to support development of the mitigation site design. NSD will collect the following types of baseline data to increase our understanding of how the site is currently functioning and to support site design: 1. Topographic and bathymetric survey Natural ign City of Kent, WA I City-Identified Wetland Mitigation Site Page 5 2. Six months of water level measurements to determine seaonality and level of surface and groundwater fluctuations to support the mitigation design. 3. Character,location, and elevation of the`dam'between the upper and lower cells of the wetland and related inventory of reference condition plant species NSD will prepare a zD hydraulic model of Midway Creek in the project reach to support the development of conceptual design. We anticipate using HEC-RAS in zD based on available LiDAR topography and limited site topography and bathymetry measurements collected by NSD. The model extents will be developed to focus on the project area,extending upstream to where the tributary channel transitions from the ravine to the lower floodplain,and downstream to the Lower Green River. The downstream extent is included to allow for the simulation of different flow conditions within the mainstem and allow for testing of different downstream management scenarios(e.g.removing the downstream culvert at the SPU facility). Assumptions 1. Understanding the conditions at the downstream culvert and confluence of Midway Creek with the Green River, both of which are located within SPU parcel#000z00000l,is important to site design. o CITY will attempt to secure pedestrian access along Frager Road South and allow NSD staff to view the downstream culvert. 2. NSD will use HEC-RAS in 2D. 3. NSD will include up to five design flows(summer low flow,winter base flow,1.5 year recurrence interval,io year, and loo year recurrence interval),run as an unsteady ramped hydrograph. 4. NSD will provide initial calibration of the model to collected on-site water level data(stage) 5. NSD will use flows developed as part of the Drainage Master Plan. 6. NSD will use results from hydraulic model to develop the 3o%design. 7. CITY will provide NSD with the results of the Phase 1 and Phase z sediment contamination investigations. 8. Site conditions are such that survey can be accomplished in z field days,including travel. 9. The analysis completed during this task will be included in the Mitigation Plan document(Task 4). Deliverables: ► Compiled water surface elevation data and brief hydraulic model memo detailing model setup methodology and general results. ► Findings of Task z will be captured in the Task deliverables Natural stems J)esign City of Kent, WA I City-Identified Wetland Mitigation Site Page 6 TASK 3: 30% DESIGN PLAN SET AND DRAFT WETLAND MITIGATION AND MONITORING PLAN DOCUMENT NSD understands that the CITY seeks to maximize the acres of mitigation credit available. NSD will build off the mitigation approach previously developed and collaborate with the CITY to refine the conceputal idea previously articulated in light of the data collected in Task z and agency feedback obtained during Task 1. The ability of the site to sustain forested,scrub-shrub,and/or emergent wetland communities with typical mitigation site maintenance and associated costs will be considered,as well as wetland habitats which appropriately mitigate for the project impacts will be key elements of the preliminarY/3o%design plans. Maintenance and access issues/requirements will also be identified. Following a meeting with the CITY and CITY review and approval, NSD will advance the previous conceptual design to develop a preliminary/30%level design plan set,and will prepare a draft Wetland Mitigation and Monitoring Plan(Mitigation Plan)document consistent in content with Kent Municipal Code requirements for wetland mitigation(11.o6.66o).as well as Ecology and Corps requirements for mitigation plan contents. 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 complete a functional lift analysis of the proposed mitigation plan based on the ICF wetland delineation and ratings for inclusion in the Mitigation Plan.The Mitigation Plan will also include performance standards for a io-year performance monitoring period. NSD will develop a preliminary construction cost estimate based on the final preliminary/3o%design plan set. The cost estimate will be developed to a preliminary level with associated contingency levels. A cost estimate inclusive of site protection,maintenance,and monitoring will be collaborartively developed with the CITY and included in the Mitigation Plan. Assumptions 1. The CITY will coordinate collaboratively with their hazardous materials consultant and with NSD regarding the contamination present on the site and will provide NSD with their consultant's recommendations so that appropriate remediation methods(assumed to be limited to fill removal or overexcavation and capping)can be incorporated into the 3o%design. 2. One design review meeting will occur with CITY to review CAD drafting and survey considerations;2- hour duration for project ecologist and engineer. 3. CITY will provide surveyed location of property boundaries and utilities in AutoCAD compatible form for use in the 3o%design. 4. 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 LI DAR information is insufficient,CITY will provide topographic survey specific to NSD's design needs. 5. NSD will use previously provided ICF wetland delineation shape files,including sample plot locations. Wetlands boundary will be included in the preliminary plans based on the ICF delineation shape files. 6. Habitat structures(snags,downed wood debris)to improve the wetland habitat function and provide functional lift are anticipated. 7. No geotechnical analysis is required. 8. Design sheets will be developed in AutoCAD 2017 or equivalent. 9. NSD will use WSDOT unit bid items and costs where possible. io. NSD will use our internal database of recent construction bids where applicable. Natural_'�qstemT ign City of Kent, WA I City-Identified Wetland Mitigation Site Page 7 ii. CITY will bid the project independently from the Mill Creek Reestablishment project. iz. Drawings will be produced at ii x i7 for the preliminary design. i3. No specifications will be developed for this design iteration. i4. CITY will assist in preparation of site protection, maintenance,and monitoring costs chapter of the Mitigation Plan by providing estimated costs based on their local experience. 15. Mitigation Plan existing conditions will be based on ICF Delineation Report and wetland rating forms. a. Functional lift analysis will be based on ICF wetland rating forms as the baseline conditions. i6. NSD will not develop a separate basis of design report,rather the basis for the design will be described within the Mitigation Plan document. a. Basis of design narrative incorporated into the Mitigation Plan document that summarizes project background;goals and objectives;site evaluation;concept design development; construction considerations and selected construction approach. i7. One round of CITY 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. i8. NSD will prepare one round of response to CITY comments in the CITY'S comment matrix indicating how CITY comments were resolved or why no change was made. i9. One round of CITY review and consolidated Mitigation Plan comments in track changes in WORD document.Conflicting comments will be resolved by the CITY prior to transmittal to NSD. a. Comments will be discussed with City, but separate response to comments iteration of the Mitigation Plan document will not be prepared. Deliverables ► Draft and final 3o%design drawings,approximately i3 sheets delivered as 11"x i7"format PDFs. ► At this point,we anticipate that the drawing set will include the following sheets: (1) Cover sheet (2) General notes and quantities (3) Project overview with wetland delineation (4) Overall site plan with access and staging areas identified (5) Site preparation and access plan details (6) Grading Plan View i (7) Grading Plan View z (8) Grading Plan View 3 (9) Grading Sections i (io)Grading Sections z (1i) Planting plan overview (12)Plant Schedule (13)Planting details ► Material quantities and preliminary construction cost estimate ► Draft Mitigation Plan for City review and Final Mitigation Plan document for use by the CITY Natural stems Design r �� l City of Kent, WA I City-Identified Wetland Mitigation Site Page 8 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 14 months(primarily between November 2019 and June zozo(8 months)and will culminate in the CITY's submittal of the preliminary design and Mitigation Plan to the Corps/Ecology/WDFW.Contract would remain open until December 31, 2020 per City request. z. Project management will entail approximately 1 hour per month for invoicing and 0.5 hour per month for budget management. J. Project coordination within and by the core NSD team will average approximately 1 hour per month and includes coordination with the City by phone or email during the 8 months of focused project work. Deliverables ► Monthly invoices ► Email and telephone meeting notes(if requested) SCHEDULE AND COST ESTIMATE 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 NSD 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. NSD 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. Natural stems Design Natural !�ystems Design Stream&Riparian �� P.O.Box 15609 Resource Management Seattle,WA 98115 Table 1 - Project Schedule DESCRIPTION ANTICIPATED TARGET ENDING DATE SUB TOTAL START Task 1. Regulatory Agency and November, 2019 December 13, 2019 agency mtg $8,190 Tribal Coordination December 31, 2020 response to comments Task 2. Baseline Conditions Data November, 2019 May 1, 2020 $35,717 Collection and Analysis Task 3. 30% Design Plans and Draft February, 2020 June 26, 2020 $46,350 Mitigation Plan Document Task 4. Project Management and November, 2019 December 2020 $7,055 Coordination PROJECT TOTAL $97,312 Table 2. Detailed Cost Estimate, Mitigation Site Design and Mitigation Plan V + C e 4 G G zw a V u3 'a $o o o Z e r e 2.� E Total 21114t2020 billing rates _ a` �? U.g, lidN 0Y 4 Hours Labor Cost Expenses Total Cost Task Task Description 1 $175 S 175 S 175 S 160 S 140 S 130 S 115 $11 D S 75 1 Regulatory Agency and Tribal Coordination 18 18 12 4 52 S 8,120 s 69.60 S 8.190 2 Baseline Conditions Data Collection and Analysis 8 24 40 6 62 46 4 240 $ 33,639 S 2,087.20 S 35,717 3 30%Design Plans and Draft Mitigation Plan docur 42 42 18 42 18 10 72 88 332 S 46,350 S 46.350 4 Project Management and Coordination 22 8 8 7 45 S 7,055 S 7.055 5 SubTotds 90 1 92 1 18 1 90 1 74 1 72 1 130 1 96 1 7 1 669 S 95,155 1 S 2,156.80 1 S 97,312 TOTALI $ 97.312 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 11 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: 1. 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. = 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: 1. 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. d l A`"R IY CERTIFICATE OF LIABILITY INSURANCE =DATE(MMlDD/YYYY) 5/03/2019 77R:TIFICATE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES :LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED lii PRESENTATIVE 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 ONTACT NRG Insurance NRG Insurance NAME: A/CO PO Box 34628#15043 No Ext: (206)363-1110 FAX (206)363-2044 -MAIL AIC No: ADOREss: insurance@nrg-insurance.com Seattle INSU RER(S)AFFORDING COVERAGE NAIC M INSURED WA 98124-1628 INSURER A: Ohio Security Insurance Company 24082 INSURER 8: Ohio Casulaty Insurance Co. 24074 Natural Systems Design Inc INSURER C; CNA 1900 N Northlake Way Ste 211 INSURER D: INSURERE: Seattle WA 98103 INSURER F COVERAGES CERTIFICATE NUMBER: CL195302900 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TIN_SR P LI Y E LIY X LTR TYPE OF INSURANCE IN WVD POLICY NUMBER MM/DD/YYYY MM/DDlYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR DAMAGE TO REN PREMISES Ea occurrence $ 2,000,000 MED EXP(Any one person) $ 15,000 A Y BZ355573742 05/17/2019 05/17/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: 4,000,000 POLICY ❑PRO ❑ GENERAL AGGREGATE S JECT LOC PRODUCTS-COMP/OPAGG § 4,000,000 EOTHER AUTOMOBILE LIABILITY Additional Liability f 2,000,000 COMBINED SINGLE LIMIT f 2,000,000 ANYAUTO Ea accident OWNED SCHEDBODILY INJURY(Per person) $ AUTOS ONLY AUTOSULEO Y BZS55573742 05/17/2019 05/17/2020 BODILY INJURY(Per accident) $ HIRED NON-OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ X UMBRELLA LIAR OCCUR f B EXCESS LIAR EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE US055573742 05/17/2019 05/17/2020 $ 2,000,000 DED X RETENTION f 10,000 AGGREGATE WORKERS COMPENSATION f AND EMPLOYERS'LIABILITY Y/N PER OTH- STATUTE ER ANY PROPRIETORlPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N/A BZS55573742 Stop Gap 05/17/2019 05/17/2020 E.L.EACH ACCIDENT $ 2,000,000 (Mandatory in NH) If yes,describe under E.L-DISEASE-EA EMPLOYEE f 2,060,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,.000,000 C Professional Liability EEH591875018 05/17/2019 05/17/2020 Per Claim $3,000,000 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS I 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 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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): I I I I f 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury' required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1• Required by the contract or agreement,, or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations, rented to you. whichever is less. However: This endorsement shall not Increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. 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. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following.- COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the contrary: agreement that this insurance would be primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and l CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:BZS55573742 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERC'/A GENERAL 1 iv �1A I VCIVCRAL LIABILITY I.ON- T--/ is anion vied by iV,o ,drli�;..., t♦t,,, t,.n i y a wuv�� vi a is ivnovviny" We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 / Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑