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HomeMy WebLinkAboutSpecial 2024-12-09 Item 2D - Contract - Crystal Springs Park Lighting Replacement with LED Trail for $79,232.15CIL PSIS 1nifialr Meeting Date Prepared by Mayor's review Council review 12/16/24 DR ITE INFOR ATION ITEM No. pec 2 STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 12/16/24 AGENDA ITEM Contract Approval: LPM Funded Crystal Springs Park Lighting Replacement CATE GORY Discussion Motion — Resolution I I Ordinance I 113id Award I I Public Hearing Other Itg Date Mtg Date A .ig Date A,Iig Date <'1llg Date <1lig Date i\ Itg Dale 12/16 SPONSOR Council Major Admin. Svcs DCD nance Fire PcY'R Police Pi-V SPONSOR'S SUMMARY City staff are seeking approval for a lighting rehabilitation project to be completed at the upper section of Crystal Springs Park. This contract would replace/repair/rehabilitate sixteen (16) different lighting fixtures throughout the area and will be covered either by the Local Parks Maintenance (LPM) Grant or on -hand parks capital funding. City staff request council approve this contract for mayor signature and execution. REVIEWED BY ❑ Trans&Infrastructure Svcs Ak Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑Arts Comm. DATE: 12/9/24 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: McConnell COMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE COST I PACT / FUND SOURCE EXPENDITURE REQUIRED $79,232.15 AMOUNT BUDGETED $79,232.15 APPROPRIATION REQUIRED $0 Fund Source: LOCAL PARKS MAINTENANCE GRANT ($76,000) & PARKS CAPITAL FUND ($3,232.15) Comments: General fund will pay expenses upfront and then be reimbursed by grant and 301 Fund MTG. DATE RECORD OF COUNCIL ACTION 12/16/24 MTG. DATE ATTACH ENTS 12/16/24 Informational Memorandum dated November 20th, 2024 A --- Proposed Contract for Services + Exhibit B --- Annotated Crystal Springs Park Electrical Site Plan C --- Contract 24-122: SFY25 Local Parks Maintenance Grant (Condensed) 151 152 /Parks �&Recreation Department - Pete Mayer,Director � x ���~nnU �n �0 AK E �0 a A DU Thomas McLeod, Mayor TO: Community Services & Safety Committee FROM: Matthew Austin, Parks Maintenance & Operations Superintendent BY: David Rosen, Parks & Recreation Analyst DATE: November 2Q,2024 SUBJECT: Contract Approval: Crystal Springs Park Lighting Replacement ISSUE City staff are seeking to execute a contract for rehabilitation of lighting located at Crystal Springs Park, said contract is in an amount that requires Council approval before mayoral execution. BACKGROUND In mid-2023, the Tukwila Parks and Recreation Department applied for and was awarded $100,000 under the Washington State Recreation & Conservation Offinn'oLocal Parks Maintenance (LPK4) program. The award was given for the proposed Crystal Springs Park Lighting Replacement Project, which would see lighting in upper Crystal Springs Park replaced and/or rehabilitated to working C0ndidOn, improving park safety, visibi|ih/, and satisfying Crime Prevention Through Environmental Design (CPTED) concepts. To date, the city is nearing completion of required cultural resource surveys, which utilized $24,000 of the grant award in State Fiscal Year 2024 (Ended June 30, 2024). DISCUSSION COnnp|6dOD of the pnOp0SOd project will see the rehabilitation of sixteen (10) fixtures within the upper section of Crystal Springs Park, including Six /8\ |Urnin8ir9S in the sport court area and ten (10) lighting poles throughout the parking |[t and trail area. Replacements include more efficient lighting circuitry and fixtures. These new fixtures are estimated to save 25.973 hVVh annuaUy, equivalent to 11.3 metric tons of Carbon Dioxide (C[)z) emissions or the consumption of 1.276 gallons of gas. AddiUonaUy, annual energy cost savings from this project are estimated to be $3.597.34. FINANCIAL IMPACT Approval ofthis contract encumbers expenses totaling $79.232.15inthe Parks Maintenance Department's General Fund Budget. $70.00Oofthese expenses will bereimbursed hythe LPKAGrant via Contract 24-122.and the remaining $3,233.15will bereimbursed bythe Land Acquisition, Recreation, and Park Development Fund (301). Approval of this contract creates no net general fund inflows Oroutflows. RECOMMENDATION Staff recommend the committee forward this proposed contract tothe December 9mSpecial Meeting Consent Agenda for final approval. ATTACHMENTS A--ProposedContractforGerviceo&Exhibitn B--Annotatad Crystal Springs Pork Electrical Site Plan C--- Contract 24-122: GFY25 Lnno| Parks Maintenance Grant (Summary, Scope, fk Milestones) Tukwila City Hall " 6200 SouthcenterBoulevard , Tukwila, WA 98188 " 206-433-1800 " Website: TukwilaWA.gov 153 154 ��� x ��� � ��x�� xuxnwxxa 628OSouthoenterBoulevard, Tukwila VVA081O8 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, VVoshing0on, o non -charter optional municipal code city hereinafter referred to as "the Chv.^ and LED Trail. INC., hereinafter referred to as "the Contractor," whose principal office is located at 3479NW YeonAve, Portland, OFK97210. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: . Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit attached hereto and incorporated herein by this reference as if fully set forth. In performing such services' the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling ofany funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2- Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount tobepaid shall not exceed $79,232.15mtorate detailed imExhibit A. 3. Contractor Budcllet. The Contractor shall apply the funds received under this Agreement within the rnaxinnurn limits set forth in this Aon88rnenL The Contractor shall request prior approval from the City whenever the Contractor desires toamend its budget inany way. 4. Duration of Agreement. This Agreement shall beinfull force and effect for operiod commencing December 1311. 2024, and ending Jung 3 om. 2025, unless sooner terminated under the provisions hereinafter specified. 5. |nder)mndgntContractor. Contractor and City agree that Contractor iaonindependent contractor with respect to the S8rviC8S provided pursuant to this AunBeOn9nL Nothing in this Aon8Snl8Ot Sh8|| be considered to create the relationship ofemployer and employee between the parties hereto. Neither Contractor nor any employee ofContractor shall be entitled to any benefits a000njgd City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax Orsocial security Orcontributing to the State Industrial Insurance Pr0grern, or otherwise assuming the duties of an employer with respect tothe Contractor, orany employee ofthe Contractor. 6. Indemnification. The Contractor shall dafend, indemnify and hold the Public Entity, its offioero, offioio|a, annp|oyaaa and volunteers harmless from any and all u|ainna, injuries, damages, losses or suits including GUDnlgy fees, 8hSiOg Out of or in connection with the performance of this Agreement, except for injuries and damages caused by the ao|a negligence of the Public Entity. CARevised May 2028 Page of 155 8h0U|d o court Of competent jurisdiction determine that this Aur8Snn8nt is SUN8Ct to RCVV 4.24.115, then, inthe event 0fliability for damages arising out Ofbodily injury tOp8rSOnSordam8geS03 property caused by or resulting from the concurrent negligence of the Contractor and the Public EnUtv, its offioeno, offioia|s, ennp|oyeee, and volunteers, the Contractor's liability hereunder ohmU be only tothe extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein COn3UtVteS the Contractor's waiver of innnnUOih/ under Industrial Insurance, Title 51RCVV.solely for the purposes Cf this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section Sh8U survive the expiration or termination Of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Aonaennert, insurance against d@innS for injuries to p8nG0nS or d8no8g8 to property which may arise from Or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein ShG|| not be construed to limit the liability of the Contractor to the coverage provided by such insurance, Orotherwise limit the City'Srecourse tOany remedy available 8tlaw Orinequity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a rninirnVnn combined single limit for bodily injury and property damage Of $1.000.000 per 8CCid8nL Automobile liability insurance Sh8U cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA OO 01 or o substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General U8bi|ityinsurance with limits n0less than $2.00O.O0Oeach occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CGODO1 and shall cover liability arising from premises, operations, independent cVntna(tons, prod ucts-connp|eted operations, stop gap |iobi|ih/, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall beendorsed toprovide eper project genero|aggrmgotn|innituoing|8Ohzrnn CG25O3O5O9ornnequivalent endorsement. There shall benoexclusion for liability arising from explosion, collapse Orunderground property damage. The City shall b8named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 1001 and Additional Insured -Completed Operations endorsement CG 2037 1001 or substitute endorsements providing mtleast asbroad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of VV8ShiOg0Jn. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Connrnenoia| General and Excess or Unnbna||a liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract Or whether any certificate Of iDSu[8OCg furnished to the Public Entity 8VidgOC8S limits Of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Cnnlnnernio| General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurenne, se|f-insurenoe, or insurance pool coverage nlGiOt@iOgd by the City 3hG|| be gxCeSS of the C0Ot[8{tO['S insurance and Sh8|| not contribute with it. D. Acceptability ofInsurers. Insurance is to be placed with insurers with a ounart A.M. Best rating Ofnot less than A:VU. C&Revised May 2O20 Page 2nf4 156 E. Verification of Coverage. Contractor shall furnish the City with original certificates and acopy of the @nl8OdGtOry endorsements, including but not O8c0SS8h|y limited to the @ddhiOOG| insured 8ndOnsGnl8Ot. evidencing the insurance requirements of the CoOt[@[t0F b8f0[8 COrnrOeOC8rn8Dt Of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein' except the Contractor shall have sole responsibility for determining the limits of cVvmroQm required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is on additional insured on each and every Subcontractor's [|onnnneroio| General |iohi|ib/ insurance policy using on endorsement as least as broad as |G[) CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure tmMaintain Insurance. Failure onthe part ofthe Contractor tomaintain the insurance as required ShgU constitute 3 nn8teh8| breach of Dontn3[t, upon which the City may, after giving five business days notice to the Contractor to correct the bnaoch, immediately terminate the contract or, at its diSCnBUOO. pn]Cuv8 Or renew such insurance and pay any and all pv8nniunnS in connection therewith, with any sums SOexpended tOberepaid tOthe City Ondemand, Or3t the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and nannrds' including personnel, property, financial and pnognannnooUc records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written O[tiD8 of the Qtv'S iOt8nUOO to terminate the S8nne. Failure to provide products OD schedule may naau|t in contract termination. If the Contractor's insurance coverage is canceled for any r88SOn. the City shall have the right tOterminate this Agreement immediately. 11.DiscrinminaUon Prohibited. The Consultant, with regard to the work performed by it under this /\orRernent' will not discriminate on the grounds of race, religion, creed, CO|or' national origin, 8gB' veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12.Assignrnemt and Subcontract' The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negoUaUons, repnasmntodona, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CARevised May 2028 Page 3 of 157 14. Sevenabi|it* and SWrwh/ai If any &*nn, condition or provision of this Agreement is declared void or unenforceable Orlimited in its 8pp|iCoUOn or effect, such event shall not affect any other provisions hereof and all other provisions shall remain hJUy enforceable. The provisions Of this Agr9ernBnt, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City ofTukwila 02OO8outhcenterBlvd. Tukwila, Washington 98188 Notices tothe Contractor shall besent tothe address provided bvthe Contractor upon the signature line below. 16.Apo|icab|m Law: Venue: Attommey's Fees. This Agreement ohoU be governed by and construed in aCCOrd8nDR with the |8vv8 of the Giot8 of Washington. In the event any SUit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled toits ottorney'sfees and costs ofsuit. DATED this 26 th day of November, 2024. City signatures to be obtained by Contractor signature to be obtained by City Clerk's Staff ONLY. -- sponsor staff. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONTRACTOR: By: Printed Name: Title: /\ddP8GG: CA Revised May 2020 Page 4 of 4 158 Exhibit A Crystal Springs Park LED TRAIL ave. Monoy z � f 4,.� ....-.. .. .:....... .} .- emu..,..... ut.�� „� ,w. ...�,...e....:-.. ��c 0 TICTI;;T:-.71:P.n L S , '' Z `•. Spoprts court Lighting 400 Watt Metal Halide flood 13 465 > x„ > � Astoria 43150 w/ tenon 4K 13 3. 150 4380 26,477 8541 17,936 $ 1,793.61 Parking lot 250 Watt Metal halaide 3 295 Astoria 43100 w/ tenon 4K 3 100 4380 3,876 1,314 2,562 $ 256.23 Path lights 150 W HPS 10 195 LED Trail LTR-S-G12C-70WBT3DA1-abcdef 70 watt shoebox style 3K 10 70 4380 8.541 3,066 5,475 $ 547.50 New Poles replace wooden poles 13 0 Energy Light Inc 547112 20 ft square steel pole 4 inches wide w/ Tenon 13 0 0- Labor pole installation 0 13 0 remove old wooden poles and dispose , remove old concrete foundation and re pour new pole support foundations as required Min 3 ft depth 13 0 0 - - - $ Time delay relays remove existing 2 0 Macromatic 23NV42 SPDT time setting variable up to several hours 2 0 0 $ Control system for court lighting remove existing Push botton 0 0 Momentary Mushroom Push button wet location Dayton 30G358 Non metallic 2 0 0 $ Control system for court lighting photocell and SPDT relay 0 0 Photocell 120V activated SPDT relay Dayton 40A 5Z542 / precision SPST Photocel 1 0 0 25,973 $ 2,597.34 SAVINGS FROM LOWERING ENERGY USE $ 2,597.34 The following kWh rate was used in calcuting the ROI. Enter Rate Here e» $0.100 TOTAL ANNUAL SAVINGS $ 4,285.61 Sales Tax $ 7,333.65 Total cost of products $53,673.50 Installation, shipping, fees, tax, etc. $ 18,225.00 Subtotal $79,232.15 Proposal is for LED lights proposed only and is valid for 30 days from September 13, 2024. Utility incentives* $ Proposed LED lamps have zero UV emissions. are mercury free. and almost 100% recyclable. Total Project Costs $ 79,232.15 ' Rebates determined by local incentive program and is subject to the verific At ;ighting fixtures have 5 years warranty. Bulbs and down lights have 3 years warranty. Th,s proposal ,s based on mYiai intormabon gathered and subject to change- Installation cost assumes all power and wrong and junction box is available to the 11x[om by customer at inslaljabon point. No other electneal uvork including but not limited to wiring. cabling, condut or other type of labor or material are included Costs outlined in 105 proposal are for proposed lighting only. No cancelations. LED Trail does not provide installation services. which are performed by licensed electrical contractors. Terms of Sale are outlined at LED Trail's websie: http://ledtrail.co.mjdocuments,LEDTraiI_Terms_1314.pdf. LED Trah's Terms and as set forth at length herem.Condiryons of Sale are incorporated into and form a part of the Agreement Ion. Curve Customer Acceptance Signature; By (Name): Date: es estimated based on information provided by customer. 5.99%$0 down financing" estimated payments: 36 months 48 months 60 months $ 2,410.04 $ 1,860.40 $ 1,531.41 ',manse off, OAC Led Tr, Company s ne tner a orooer nor a lender Fmanc ng prov ded by thedroarty lenders unaffiliated nem Led Trail Company, under terms and rand t ons arranged directly between the cdstomer and such lender, all subject to credh requirements and satisfactory compleben of finance dechments A, f nance terms advert,. are esbmates only,. Trail Company, does not assist onth, cowls, or negoOnte fhtunsing. other then proydne, customers an introduction to lenders interested in hneneing Led Trail Company, customers t 162 Recreation and Conservation Office Project Sponsor: Tukwila Parks & Recreation Department Project Title: Crystal Springs Park Lighting Replacement 24-122 Council Approval 0MG/24 RCO Grant Agreement Project Number: 24'2215M Approval Date: 06/30/2024 PARTIES OFTHE AGREEMENT This Recreation and Conservation Office Grant Agreement (Ageem*rt)for the project identified above (Pnojeot)ioentered into between the State of Washington by and through the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504'0917. and byand through the Tukwila Parks & Recreation Department (Sponsor, and primary Sponsor), 12424 42nd Ave S, Tukwila, WA 98168, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only tothe primary Sponsor. Sponsor attests that prior to and during the Period of Performance, its Authorized Representative(s)/Agent(s) identified on the original signed Applicant Resolution/Authorization has full authority to legally bind the Sponsor(s) regarding all matters related to the Project, including but not limited to, full authority to: (1) sign the grant application for grant assistance, (2) enter into this Ageement, including indemnification, (8) enter into amendments tothis Agreement. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A� During the Period of Performance, a Sponsor may change its Authorized Representative/Agent only by providing the RCO written notice of the change and identifying the new designee authorized to sign as Authorized Representative/Agent. Unless and until such written notice is provided to RCO, RCO shall recognize only the person initially identified aothe Authorized RepeoentativeAAgent. B. RCO reserves the right at any time to request, and Sponsor has the obligation to provide authorizations and documents that demonstrate any signatory to this Agreement or an amendment has the authority to legally bind the Sponsor. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OfAGREEMENT This Agreement sets out the terms and conditions by which a Local Parks Maintenance Program grant is made from the General Fund State Account of the State of Washington. The grant is administered by the Recreation and Conservation Office DESCRIPTION OFPROJECT The City of Tukwila Parks and Recreation Department will use this grant to replace nonfunctional lights in Crystal Springs Park. The City will replace underground wiring systems and purchase new light fixtures. The primary recreational activity supported bythis project iomaintenance nfoutdoor recreation sites. PERIOD OF PERFORMANCE The period ofperformance begins onJuly 1.2024(project start date) and ends onJune 3O.2025(project end date).No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCOhas the right tosummarily dismiss any request toamend this Agreement ifnot made atleast 60days before the project end date STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions ofthe Recreation and Conservation Office attached hereto are incorporated byreference aopart ofthis Agreement. LONG-TERM OBLIGATIONS For this maintenance project, the Sponsor's ongoing obligations for the project area shall be for the period of performance of this Agreement. For equipment purchased as part of the project, the Sponsor's ongoing obligation shall comply with the RCO:24'2215 Revision Date: 10/26/2028 Page 1 of19 163 Treatment of Equipment and Assets section and applicable RCO Manuals identified herein. PROJECT FUNDING AND REIMBURSEMENT PER1OD(S) The total grant award provided for this project shall not exceed $76.000.00. The RCOohal| not pay any amount beyond that approved for grant funding ofthe pn4eot: Office ' Local Parks Mnt Single -Tier 2 Total Project Cost Percentage Dollar Amount Source of Funding 100.00% $76.000.00 State 100.00% $76.000.00 If this Grant Agreement's period of performance spans more than one state fiscal year (July 1st through June 30th), Sponsor's work performed in each fiscal year shall be reimbursed only with the funds available in that fiscal year. RCOshall not be obligated to reimburse work performed in one single fiscal year with funds from another fiscal year. Grant funds that are not expended through areimbursement request inone fiscal year (unused funds) shall not becarried over tnthe next fiscal year, and Sponsor has nnright tothese funds inthe next fiscal year. Sponsor shall forfeit unspent grant fundo, which shall remain with RCD unless otherwise made available an part nfan amended Agreement. RIGHTS AND OBLIGATIONS INTERPRETED |NLIGHT VFRELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course ofadministering the Agreement, including the eligible oonpo aot|vitien, the milestones mpn¢ progress ropurto, and the final report. Pmvid*d, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement shall be effective unless set forth in writing and signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement, including any amendment thereto, is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified be|ow. Exhibito, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Pmvided, any update in |aw, m|e, policy or manual that is incorporated as a result ofan amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements beredone unless otherwise expressly stated inthe amendment. For the purposes of this Agreement, the following RCO manuals are deemed applicable and are incorporated as terms of this Agreement: ° Local Parks Maintenance Grant Manual 27 ° Reimbursements Manual SPECIAL CONDITIONS None SPECIAL CONDITIONS ' CULTURAL RESOURCES None RCO:24-2215 164 Revision Date: 10/2O/ 023 Page 2of19 AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Proiect Contact David Rosen Fiscal Analyst 12424 42nd Ave S Tukwila, VVA98168 david.meen@tukwi|awm.gov RCO Contact Hay|eyDa|getty Outdoor Grants Manager POBox 40S17 Olympia, VVA985O4'0917 These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties, No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for inthis Agreement, this Agreement, for Project 24-2215. shall become effective and binding on the date signed by both the Sponsor's and the RCO's Authorized Representative/Agent, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement infully exeouted, and an original in received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority tnbind the parties tothis Agreement. Tukwila Parks & Recreation Department T� McLeod Name (printed): .//Q��as Title: ... Mayor State ofWashington Recreation and Conservation Office By: 202 MDT) mn Megan Duffy Director Recreation and Conservation Office By: Pre -approved aotoform: Assistant Attorney General Date: Sep 18,2024 Date: Sep 18,2R24 Date: 10/26/2023 Page 3nf19 165 Recreation and Conservation Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Project Number: 24-2215M Crystal Springs Park Lighting Replacement Approval Date: 06/30/2024 ��U^��^&nUK� ������K��� ����^��^�^���� ---«�'—' Scope Activities ELIGIBLE SCOPE ACTIVITIES Maintenance Metrics VVorksite#1. Crystal Springs Park Recreational Facility Maintenance Perform Recreational Facility Maintenance Cultural Resources Cultural resources Project Management Project Management Permits Obtain permits RCO:24-2215 166 Revision Date: 10/2O/ 023 Page 4of19 °�@��� �ecre�tinnand Conservation Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Crystal Springs Park Lighting Replacement Approval Date: 06/30/2024 Project Number: 24-2215M PROJECT MILESTONE REPORT Complete Milestone Project ��^U�������K�&��� ' � -- '�— -_ Target Date Comments/Description Project Start Permits Complete Cultural Resources Documents Cultural Resources Complete RCO Notice to Proceed Progress Report Due Annual Project Billing Due Agreement End Date Final Billing Due Final Report Due 07/ 1/2024 07/15/2024 O7/15/2024 O901/2O24 O9/102O24 O1/15/2O25 01/31/2025 06/302O25 07/31/2O25 08/15/2025 Survey Submitted Consultation Complete & Inadvertent Discovery Plan Submitted No ground disturbance allowed prior to Notice to Proceed Page 5of19 167