HomeMy WebLinkAboutCSS 2025-02-10 Item 1C - Grant Agreement / Contract - Southgate Park Restoration Phase 2Thomas McLeod, Mayor
Parks & Recreation Department -fete Moyer, Director
INFORU��o���U���Uo���U U��U�d�������U�
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TO: Community Services & Smfey Committee
FROM: David Rosen, Parks & Recreation Fiscal Analyst
DATE: January 27'2025
SUBJECT: Grant Agreement & Contract Approval:
King County Improving Indoor Air through Forestry Grant
ISSUE
The Tukwila Parks & Recreation Department has been awarded a $100,000 no -match reimbursement
grant through the King County Improving Indoor Air through Forestry (IIAF) Program. Acceptance of
this grant and approval of contract to be awarded using its funds requires council approval before
both agreements may be executed bythe Mayor.
BACKGROUND
The Grant Opportunity
|nDecember Of2O24'City 0fTukwila staff were made aware Ofgrants being offered byKing County for
urban forestry projects located within five (5) miles 0fSe@7-8C and/or King County International Airports,
with priority being given UJ projects p|GDdDg coniferous trees that would provide air quality
improvements for communities affected by the local air traffic. The Tukwila Parks & Recreation
Department began preparing a grant proposal at that time, with submission of the proposal being made
m o
OO �]8C8rObHr 13 and award notification being [8C8iV�d OO J8DU@[y ��^ . 2025.
The Need at Southgate Park
Southgate Park is an approxinnate|y9.38-oora urban forest paMk, bisected bv40th Avenue S at its
1340Oblock, within the Riverton residential neighborhood. |1iSencapsulated bvKing County Parcels
734O0O1O11and 734O0O1U20.From center Ofproperty tOcenter Ofproperty, Southgate Park iGlocated
approximately 3.47miles from King County International Airport and 2.54miles from @88l[8C
International Airport. The Riverton neighborhood itself measures 8t a10out Of10(Worst score
possible) per the Washington State Department of Health's Environmental Health Disparities Map with
a 10 rating in Diesel Exhaust PM2.5 Emissions, Proximity to Heavy Traffic Roadways and other
measured statistics @Swell. Lastly, per the Green Tukwila 20-`/H8[Stewardship Plan (Adopted iOMarch
201Yvia Resolution 19O0\.the entirety 0fSouthgate Park iSranked 8G8''Tre9-i8g8''category 0which
indicates a medium habitat composition paired with a high invasive species threat where native trees
are under threat byiOVGSiV8Ssuch 8SEnglish Ivy, KOOtNHHd.and Himalayan Blackberry. Southgate
Park and its surrounding areas have a demonstrated need for supporting critical tree canopy provided
by the urban forest that the pork itself provides.
DISCUSSION
The City of Tukwila Parks & Recreation Department's awarded proposal is for Southgate Park
Restoration Phase 2. Phase 1 Restoration is 2|naody underway on |000tinn, with initial restoration work
including herbicidal Gpp|iCGdOD. SurViV8| ring C[O@tiOD. and nBOOOV8| of invasive OOr@, with the priority of
saving the current tree canopy on site. As of early December 2024. Phase 1 has cleared 13.708 square
feet 0finv@sives and plans to clear another 0.3O0 square feet before project Comp|8ti0n, it has also
inSL8||8d 317 survival [inQS' and treated 538 St8DlS of Laurel, English H8wthO[O8, and Holly plants.
Tukwila City Hall °6200 Southcenter Boulevard "Tukwila, WA 98188"206-433-1800°Website: TukwilaWA.gov
117
Community Services & Safety Committee
January 27, 2025
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Restoration Phase 2 totals $100,000 in spending, exclusively via this grant, and would include
additional restoration efforts to include survival ring installation, blackberry brush cutting for eventual
herbicidal treatment, manual removal of ivy, and continued maintenance work of areas covered by
Phase 1. Phase 2 restoration areas are estimated to include about two acres, which, when combined
with Phase 1, would bring about 2.5 acres of urban forest at Southgate Park into restoration status and
under continuous care. Restoration Phase 2 would also include the planting of approximately 600
coniferous trees to include species such as Douglas Fir, Western Red Cedar, Hemlock, White Pines or
Shore Pines, Sitka Spruce, Pacific Yew, and Grand Fir. This work is proposed to be completed via a
Contract for Services with the restoration firm EarthCorps, who is the firm currently providing Phase 1
restoration services as well. Per the grant agreement, work must be concluded by June 30, 2025.
Restoration Phase 2 is proposed to be within the approximate area shown below:
Approximate Southgate Park Restoration Phase 2 Service & Planting Area
FINANCIAL IMPACT
This is a reimbursement grant, wherein the City of Tukwila will receive reimbursement from King
County after the completion of the proposed scope of work. Therefore, execution of both the proposed
grant and contract services agreements will not create any net general fund inflows or outflows. The
Tukwila Parks & Recreation Department will propose an end -of -year budget amendment for FY25 to
capture the transactions resulting from this grant agreement.
RECOMMENDATION
City staff recommend the Community Services and Safety Committee forward both the grant
agreement and proposed contract for services to the February 24th Special Meeting Consent Agenda
for final approval.
ATTACHMENTS
A --- Proposed Urban Forestry Services Grant Agreement Template
B --- Proposed Contract for Services + Exhibits: EarthCorps Southgate Park Restoration Phase 2
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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Contract No.: 2025-CitiesUF Services Agreement 5
SERVICES AGREEMENT BETWEEN CITY OF TUKWILA
AND KING COUNTY TO FUND SERVICES REGARDING
URBAN FORESTRY FOR INDOOR AIR QUALITY
This Services Agreement Between the City of Tukwila and King County to Fund Services
Regarding a Decarbonization Navigator Platfoi in ("Agreement") is entered into between City
of Tukwila, a political subdivision of the State of Washington, and King County, a political
subdivision of the state of Washington, primarily located at 201 S. Jackson, Suite 701, Seattle,
WA 98104.
WHEREAS, City of Tukwila has an urban forestry program with projects planned in
2025; and
WHEREAS, King County is facilitating programs in order to improve indoor air quality
in South King County; and
WHEREAS, select funding for these programs, including the funding anticipated for
and by way of this Agreement, is being provided to King County by the State of Washington,
Department of Ecology ("Ecology"), by way of an Interagency Agreement entered into by and
between King County and Ecology; and
WHEREAS, some urban forestry projects can improve air quality generally and
contribute to indoor air quality improvements; and
WHEREAS, King County and City of Tukwila (collectively, the "Parties") recognize
that collaboration offers an opportunity to improve the air quality in South King County through
urban forestry projects; and
WHEREAS, the Parties enter into this Agreement based on the understanding of the
Parties set forth below; and
NOW, THEREFORE, City of Tukwila and King County mutually agree as follows:
1. Purpose and Scope of this Agreement.
The purpose of this Agreement is for King County to engage in a collaboration with and
provide the financial compensation necessary for City of Tukwila to complete the attached
work plan to improve indoor air quality in South King County ("Project") in 2025. In addition
to the duties of the Parties outlined below, Special Terms and Conditions are attached to this
Agreement as Appendix A and incorporated by reference herein.
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Contract No.: 2025-CitiesUF Services Agreement 5
A. Duties of King County
1. King County shall assist City of Tukwila in developing and finalizing scopes of
work with contractors to fulfil the Agreement, if such review is requested by City
of Tukwila.
2. King County shall be available to consult with City of Tukwila on questions related
to the Agreement or fulfilment of the work plan, if requested by City of Tukwila.
B. Duties of City of Tukwila
1. City of Tukwila shall use the funding provided by King County to complete the
work plan attached to the Agreement under Appendix B.
2. City of Tukwila shall act as project manager for, and conduct all contracting
responsibilities with, contractors retained to complete services to fulfill the
Agreement. City of Tukwila shall comply with all laws governing municipal
contracting for services of the type sought.
3. City of Tukwila shall consult with King County on implementation of the
attached work plan, if requested by King County.
4. City of Tukwila shall consult with King County to support King County
completing its Cultural Resources Review with the Washington State Department
of Ecology on the Project.
5. City of Tukwila shall provide the King County Project Manager (identified in
Section 4, below) with final documentation of project completion no later than
July 31, 2025.
2. Compensation. The total amount paid by King County for satisfactory performance
of the work under this Agreement may not exceed $100,000.00. City of Tukwila shall submit
to King County a monthly invoice outlining the work completed during that billing period by
the City of Tukwila. Appropriate documentation, including that of expenses incurred,
progress reports or draft deliverables if appropriate from the City of Tukwila and its
contractors, must be included with each invoice. Invoices shall be submitted to Nicole
Sanders, Building Decarbonization Program Manager. King County shall pay each invoice
from the City of Tukwila within thirty days of submittal.
3. Term. The effective date of this Agreement is upon signature by all parties below
("Effective Date"). No payments in advance or in anticipation of goods or services to be
provided under this Agreement may be made by King County. Any costs incurred prior to the
Effective Date of this contract will be at the sole expense and risk of the City of Tukwila. The
City of Tukwila shall not seek any compensation from King County under this Agreement for
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work completed after June 30, 2025. A final invoice for this work shall be submitted no later
than June 30, 2025. The termination date of this Agreement is July 31, 2025.
4. Communications. The following persons are the contact person for all
communications regarding the performance of this Agreement:
King County
City of Tukwila
Project Manager: Nicole Sanders
Project Manager: Olena Perry
Address:
201 South Jackson, Suite 701
Seattle, WA 98104
Address:
12424 42nd Ave S.
Tukwila, WA 98168
Phone: 206-477-2680
Phone: (206) 767-2315
E-mail address:
nicsanders@kingcounty.gov
E-mail address:
olena.perry@tukwilawa.gov
5. Changes. The Parties may, from time to time, desire changes in the scope of services
performed under this Agreement. No change to this Agreement is effective unless made as a
written amendment, agreed and signed by both parties.
6. Early Termination. Either party may terminate this Agreement at any time for
convenience by giving a 30-day written notice of such termination and by specifying the
effective date of the teiinination; provided that the termination must be preceded by a meeting
between King County and City of Tukwila. Upon termination of this Agreement, King
County, in addition to any other rights provided in this Agreement, may require City of
Tukwila to deliver to King County any property specifically produced or acquired as a result
of City of Tukwila funding. If King County terminates this Agreement for convenience, then
it is responsible to reimburse City of Tukwila for the costs it has incurred or are claimed by its
contractors that are attributable to work conducted to fulfill the Agreement up to the date of
termination. King County and City of Tukwila shall confer and reach agreement to the
amount owed by King County if King County terminates this Agreement for convenience.
7. Subcontracting. With the exception of contractors retained to complete the work
plan attached to this Agreement, neither party, nor any subcontractor of either party, may
enter into subcontracts for any of the services or work contemplated under this Agreement
without obtaining prior written approval of King County. In no event does the existence of
any subcontract operate to release or reduce the liability of City of Tukwila to King County
for any breach in the performance of City of Tukwila's duties.
Regarding subcontractors retained by City of Tukwila to complete the work plan
attached to this Agreement, City of Tukwila shall provide to King County the identity of all
subcontractors, including their name, the nature of services to be performed, address,
telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax
identification number (TIN), and anticipated dollar value of each subcontract. City of Tukwila
shall also identify whether each subcontractor is certified with OMWBE, WA Veterans, or is
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Contract No.: 2025-CitiesUF Services Agreement 5
a WA small business. This information shall be provided to King County a minimum of ten
(10) days prior to a given subcontractor starting work.
8. Availability Of Funds. Funds may not be presently available for this Agreement, but
are anticipated. Funding is anticipated to be provided to King County from Ecology, by way
of the Climate Commitment Act. The Parties' obligations under this Agreement are
contingent upon the availability of receipt of funds. No legal liability on the part of King
County for any payments may arise until funds are made available to King County for this
Agreement and until City of Tukwila receives notice of such availability, to be confirmed in
writing by King County.
9. Records. The Parties shall each maintain books, records, documents, and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the perfoiiiiance of the service(s) described herein. These materials shall be subject to
inspection, review, or audit by personnel of both parties, other personnel duly authorized by
either party, Ecology, the Office of the State Auditor, and federal officials so authorized by
law. All books, records, documents, and other materials relevant to this Agreement must be
retained for six years after expiration of this Agreement. Ecology, the Office of the State
Auditor, federal auditors, and any persons duly authorized by the Parties shall have full access
and the right to examine any of these materials during this period. Each party will utilize
reasonable security procedures and protections for all materials related to this Agreement. All
materials are subject to state public disclosure laws.
10. Rights in Data. Unless otherwise provided, data which originates from this
Agreement shall be "work made for hire" as defined by the United States Copyright Act, Title
17 U.S.C. section 101 and shall be owned by Ecology. Data shall include, but not be limited
to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies,
computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to
copyright, patent, and register these items, and the ability to transfer these rights. City of
Tukwila data shall not be sold or used for for -profit endeavors by King County.
11. Nondiscrimination. King County Code ("KCC") Chapters 12.16 through 12.19
apply to this Agreement and are incorporated by this reference as though fully set forth
herein. City of Tukwila and its subcontractors retained to complete the work plan attached to
this Agreement, if any, shall not, on the grounds of sex, race, color, marital status, national
origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age,
except minimum age and retirement provisions and unless based upon a bona fide
occupational qualification, exclude any person from participation in, or deny any person the
benefits of, the work described by way of the attached work plan.
12. Assignment. The work provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party, in whole or in part, without the
express prior written consent of the other party.
13. Indemnification. Each party to this Agreement is responsible for its own acts and/or
omissions, and those of its officers, employees, agents and subcontractors.
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14. Compliance with All Laws and Regulations. Each party shall comply with all
applicable local, state, and federal laws, regulations and standards necessary for the
performance of this Agreement.
THIS Agreement is executed by the persons signing below, who warrant they have the
authority to execute this Agreement.
City of Tukwila KING COUNTY
By: By:
Thomas McLeod
Mayor
Marissa Aho
Director, King County Executive
Climate Office
Date: Date:
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Contract No.: 2025-CitiesUF Services Agreement 5
APPENDIX A
SPECIAL TERMS AND CONDITIONS
1) Archaeological And Cultural Resources
City of Tukwila shall take all reasonable action to avoid, minimize, or mitigate adverse effects
to archeological and historic archeological sites, historic buildings/structures, traditional
cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural
Resources.
City of Tukwila must agree to hold ECOLOGY harmless in relation to any claim related to
Cultural Resources discovered, disturbed, or damaged due to the CONTRACTOR's negligence,
including any subcontractor's negligence.
City of Tukwila shall:
a) If required by King County, contact ECOLOGY to discuss any Cultural Resources
requirements for the work/project:
• For state -funded construction, demolition, or land acquisitions, comply with
Governor Executive Order 21-02, Archaeological and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic
Preservation Act of 1966 (Section 106).
• Cultural Resource Consultation and Review should be initiated early in the project
planning process and must be completed prior to expenditure of Agreement funds,
as required by applicable state and federal requirements.
b) If required by ECOLOGY, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY
prior to implementing any work/project that involves field activities. ECOLOGY will
provide the IDP form.
City of Tukwila shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the
project site.
c) If any Cultural Resources are found while conducting work under this Contract, follow the
protocol outlined in the project IDP.
• Immediately stop work and notify ECOLOGY, which will notify the Department
of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe,
and the local government.
• Notify King County.
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d) If any human remains are found while conducting work under this Contract, follow the
protocol outlined in the project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical
Examiner/Coroner's Office, the Department of Archaeology and Historic
Preservation at (360) 790-1633, and then notify ECOLOGY and King County.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable
local, state, and federal laws protecting Cultural Resources and human remains.
2) Climate Commitment Act Branding
This contract is supported with funding from Washington's Climate Commitment Act (CCA).
The CCA supports Washington's climate action efforts by putting cap -and -invest dollars to
work reducing climate pollution, creating jobs, and improving public health. Information
about the CCA is available at Home Climate (wa.gov).
Department of Ecology received funding from Washington's Climate Commitment Act
(CCA) for the work under this contract. To strengthen public awareness of how CCA funding
is used, the Office of the Governor is directing state agencies that administer funding or
manage a CCA-supported program to ensure consistent logo branding and funding
acknowledgments are used in all communications and included in funding agreements and
contracts.
The "Climate Commitment Act" logo and funding acknowledgment make it easy for
consumers and the public to see how the state is using CCA funds to reduce climate pollution,
create jobs, and improve public health and the environment, particularly for low-income and
overburdened populations.
The logo branding and funding acknowledgments requirements apply to all contractors,
subcontractors, service providers, and others who assist the CONTRACTOR in implementing
this contract. CONTRACTOR is to contact ECOLOGY if unsure about how to apply CCA
requirements to the work under this contract.
For details on the CCA requirements review the below document:
Directive 24-01 CCA
Branding Contract GL
3) Subcontractor Payment Reporting Requirements — Access Equity
This Agreement is subject to compliance tracking of subcontractor(s) spend using the State's
business diversity management system, Access Equity (B2Gnow). Access Equity is web -
based and can be accessed at the Office of Minority and Women's Business Enterprises
(OMWBE) at https://omwbe.diversitycompliance.com/. All Subcontractor(s) shall report and
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Contract No.: 2025-CitiesUF Services Agreement 5
confirm receipt of payments made to it through Access Equity and may contact OMWBE at
Access Equity Help Center Office of Minority and Women's Business Enterprises for
technical assistance in using the Access Equity system. User guides and documentation
related to Subcontractor access to and use of Access Equity are available online at
https://omwbe.wa.gov/access-equity-help-center. The Department of Ecology reserves the
right to withhold payments for non-compliance with this section. For purposes of this section,
Subcontractor means any subcontractor working on the Project, at any tier and regardless of
status as certified WMBE or Non-WMBE.
Per this Agreement, the City of Tukwila is considered a Subcontractor to King County's
contract with Ecology and as such shall:
i. register in Access Equity and complete the required user training (two (2)
one -hour online sessions).
ii. verify the amount and date of receipt of each payment from King County or a
higher tier Subcontractor, if applicable, through Access Equity.
iii. report payments made to any lower tier Subcontractors, if any, in the same
manner as specified herein.
iv. respond promptly to any requests or instructions from the Contractor or
system -generated messages to check or provide information in Access
Equity; and
v. coordinate with Contractor, or Ecology when necessary, to resolve promptly
any discrepancies between reported and received payments.
vi. require all ower tier Subcontractors to comply with these same provisions if
requested by King County or Ecology.
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APPENDIX B
WORK PLAN
1. Project Description
Funding awarded via this proposal would support Southgate Park Restoration Phase 2. Phase 1
is currently underway with initial restoration work including herbicidal application, survival
ring creation, and removal of invasive flora, with the priority of saving the current tree canopy
on site. To date, Phase 1 has cleared 13,700 square feet of invasives and plans to clear another
6,300 square feet before project completion, it has also installed 317 survival rings, and treated
539 stems of Laurel, English Hawthorne, and Holly plants. This clearance creates a unique
opportunity for the funding provided via this proposal to support immediate plantings of
significant square footage within Southgate Park during the critical growing season.
Restoration Phase 2 would include additional restoration efforts to include survival ring
installation, blackberry brush cutting for eventual herbicidal treatment, manual removal of ivy,
and continued maintenance work of areas covered by Phase 1. Phase 2 restoration areas are
estimated to include about two acres, which, when combined with Phase 1, would bring about
2.5 acres of urban forest at Southgate Park into restoration status and under continuous care.
Restoration Phase 2 would also include the planting of approximately 600 2-5-gallon trees.
Trees of this size were chosen in consultation with our restoration partner, as it was determined
that watering of new plantings would be problematic given current site access, necessary
permitting, and contractor safety due to road configurations adjacent to the site. To maintain
flexibility to spend granted dollars within the timeframe allotted, larger plant stock allows the
plants a head start for viability as additional funding is sought by the City of Tukwila and its
partners. Per our partner, the main tree planting focus will be coniferous species to include:
• Douglas Fir
• Western Red Cedar
• Hemlock
• White Pines or Shore Pines
• Sitka Spruce
• Pacific Yew
• Grand Fir
Additionally, some regenerative deciduous trees may be included to incorporate age diversity
into the current stand of alders, cotton woods, maples, and other trees currently found on site.
Concerning future supportive funding for plantings, our restoration partner is preparing plans
for future recommendations at Southgate Park at this time and is seeking funding through an
application with American Forests. The City of Tukwila also has King County Parks Levy
funding that can be used to support future plantings and maintenance of proposed plantings.
Restoration Phase 1 also includes creation of a vegetation management plan that will also assist
the City of Tukwila and its partners in deployment of these efforts as well as grant seeking.
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2. Service Area Description
Southgate Park is an approximately 9.38-acre urban forest park, bisected by 40th Avenue S at
its 13400 block, within the City of Tukwila's Riverton residential neighborhood. It is
encapsulated by King County Parcels 7340601011 and 7340601026. From center of property
to center of property, Southgate Park is located approximately 3.47 miles from King County
International Airport and 2.54 miles from SeaTac International Airport. Southgate Park is
located within census tract 53033027200, which per the Washington State Department of
Health Environmental Disparities V2.0 map, ranks a 10 out of 10 in overall score, as well as a
10 out of 10 for environmental exposures and environmental effects. Measuring a 1/4-mile radius
around Southgate Park, we identify approximately 302 residential parcels with the current use
descriptions per the King County Parcel Viewer:
• 285 single-family residential (285 households)
• 7 duplex, triplex, or 4-plexs (17 households)
• 4 apartment complexes (115 households)
• 3 mobile home lots and 1 mobile home park (22 households)
• 2 hotel/motels (85 rooms)
• 1 Condominium complex (62 households)
Excluding the two hotel/motels, this 1/4-mile radius contains approximately 501 households,
and, per the 2018-2022 US Census Bureau American Community Survey estimates, the City of
Tukwila averages 2.64 persons per household, indicating about 1,333 people are living within
a 1/4-mile of Southgate Park and this project's serviced urban forest.
There are several additional considerations for this 1/4-mile radius to include. First, we identify
at least five daycares within this radius. Second, one of the two hotel/motels within this 1/4-mile
radius is currently providing assistance to transient, immigrant, and refugee populations in
coordination with the City of Tukwila and have been doing so for the entirety of 2024. Third,
another city park, Riverton Park, lies within this radius, this park provides a youth play area,
walking loop for patrons, and includes a community garden as well.
Finally, outside of the 1/4-mile radius of Southgate Park but within a 1/2-mile radius are multiple
schools (Foster High School, Showalter Middle School, and Cascade View Elementary School)
as, a youth activity center in the Tukwila Pool (Run by the Tukwila Pool Metropolitan Park
District), and a critical service delivery center in the Tukwila Pantry Food Bank. For reference,
the closest community center to Southgate Park is the Tukwila Community Center, located
about two-thirds of a mile away.
In summary, Southgate Park's urban forest supports air and water quality for a moderately
heavy residential area that contains multiple housing types spanning the socio-economic
spectrum and other critical educational and recreational assets within the City of Tukwila.
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3. Program Funding
All Improving Indoor Air through Forestry (IIAF) funds must be fully expended by June 30,
2025, and invoiced to King County. Administration charges cannot exceed 12 percent of the
total award.
Table 1. Budget
Expenditures
IIAF Funding
1
Project Implementation
Planting materials, installation, planting staff or contractors, site prep.
$100,000
2
Administration
Includes administrative personnel, fringe, and indirect costs.
$0
Total
$100,000
4. Current Funding and Future Plans
The City of Tukwila currently has no other funding on hand to support coniferous tree planting
within Southgate Park. Additionally, while there is funding on hand that is supporting initial
restoration efforts in the area, said work will most likely be completed before execution of this
project agreement.
In the event some overage of funding was obtained that allowed for any such offset, a proposed
secondary site for funding would be Codiga Park located on the banks of the Duwamish River
at 12535 50th Place South in Tukwila. Codiga Park is within the Allentown residential
neighborhood, is located approximately 3.12 miles from King County International Airport and
3.31 miles from SeaTac International Airport, and includes shoreline identified as priority
segments for projects by Water Resource Inventory Area 9 (WRIA 9) for streamside trees in
the interest of salmon habitat and safe passage.
5. Climate Commitment Act (CCA) Acknowledgement Plan
The City of Tukwila proposes the following CCA Acknowledgement Plan:
1. Announcement of award through City of Tukwila electronic communications including
internal and external newsletters.
2. Social media posts on Facebook, Instagram, and other channels announcing funding award
and providing project updates
3. Posting of signage at worksite before and during project execution
4. Inclusion of project acknowledgement/update in next issuance of Tukwila Parks &
Recreation guide in Spring 2025. This is sent to all Tukwila residential addresses, which is
about 8,000 households.
5. Website postings, social media, and other written materials about this project will include
acknowledgement of CCA funding per branding requirements as articulated below.
"The [PROGRAM NAME / GRANT / PROJECT NAME / ETC.] is supported with funding
from Washington's Climate Commitment Act. The CCA supports Washington's climate
action efforts by putting cap -and -invest dollars to work reducing climate pollution, creating
jobs, and improving public health. Information about the CCA is available at
www.climate.wa.gov."
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and EarthCorps, hereinafter referred
to as "the Contractor," whose principal office is located at 6310 NE 74th
Street Suite 201E Seattle, WA 98115.
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:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A 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 of any 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 to be paid shall not exceed $100,000 at a rate described in Exhibit A.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
February 24, 2025, and ending June 30, 2025, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded 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 or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
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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 Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover 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 with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
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 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
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 Commercial General and Excess or Umbrella 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 insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
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E. Verification of Coverage. Contractor 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. 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
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO 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 to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at 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 records, including personnel, property, financial and
programmatic 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 a 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 notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
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. Assignment 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
negotiations, representations, 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.
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14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, 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 of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State 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 to its attorney's fees and costs of suit.
DATED this 27' day of January, 2025.
City signatures to be obtained by
City Clerk's Staff ONLY. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
** Contractor signature to be obtained by
sponsor staff. **
CONTRACTOR:
By:
Printed Name:
Title:
Address:
CA Revised May 2020 Page 4 of 4
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EXHIBIT
A
DRAFT Scope of Work for:
Olena Perry
Olena.Perry@Tukwila Wa.Gov
Parks and Rec12424 42nd Ave S
Tukwila, WA 98168
Date: December 10, 2024
Name of Project: IIAF COT Southgate Park
Agency Contract No.: TBD
EarthCorps Project No.: 312-25-01
EARTH
COR PS
From:
Whitney Bowman
Field Director
whitney(@earthcorps.org
206-420-5587
Christyn Riehl
Project Manager
EarthCorps
6310 NE 74th Street
Suite 201E
Seattle, WA 98115
717-725-7999
Fax: (206) 322-9312
christyn@earthcorps.org
Narrative Scope of Work:
An EarthCorps Crew wit complete the following tasks. Task 1: Native Plant Installation: Install native trees at SouthGate Park, planting will include
grubbing survival rings for trees planted in areas that are not yet cleared of ivy and other target weed species. Task2: initial restoration: Expand
existing restoration site using current industry standard best management practices including manual, mechanical and chemical control techniques.
Task 3: Maintenance: Maintain previously restored areas using current industry standard best management practices
Dates and Crew
Name
Days in field:
7
$ 2,190.00
15,330.00
Project Management
14
140.00
1,960.00
Field Specialist
30
85.00
2,550.00
Materials
Plants
plant protectors
600 trees @ $10 (2 - 5 gallons)
6,000.00
200.00
Task 2:
nitial Restoration
26,040.00
Days in field:
15
$ 2,190.00
32,850.00
Project Management
30
140.00
4,200.00
Field Specialist
30
85.00
2,550.00
Materials
Herbicide
250.00
250.00
herbicide equipment
300.00
300.00
40,150.00
Task 3: Maintenance
Days in field:
8
$ 2,190.00
17,520.00
Project Management
16
$ 140.00
2,240.00
Field Specialist
16
85.00
1,360.00
Materials
Materials (cardboard, herbicides, erosion control etc)
2,000.00
Crew Labor
23,120.00
65, 700.00
Project Management
8,400.00
Field Specialist
6,460.00
Materials
8,750.00
Subtotal
89,310.00
Materials & Handling Fee (10% of Total Materials)
875.00
TOTAL FEE
90,185.00
Sales Tax:
10.2
Location Code: 1729
9,198.87
TOTAL PAYABLE
I$
99,383.87
Fee Schedule
Labor
Crew Day (5-6 persons/transportation/tools/equipment/PPE)
$2,190.00
Project Manager/hour
$140.00
Field Specialist/hour
$85.00
Field Trucks (4x4 pick up/3 ton dump truck)
$150/day
135