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Home My WebLink About25-240 - Contract - Washington State Department of Ecology - Grant Agreement: Southgate Creek Phase II Design DevelopmentDocusign Envelope ID: 6B74BCD8-61 D44A67-9007-9451367AFF8F5 �I�m I� illsD E P A R TM E VT 25-240 ELOG Y Council Approval 2/3/25 Mow, III�RState of Washington Agreement No. WRSRP-2024-Tukwil-00264 WATER RESOURCES STREAMFLOW RESTORATION PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND All III_ e] 0 9IrAllkT 11KI This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and CITY OF TUKWILA, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Southgate Creek Phase II Design Development $1,729,600.00 $1,729,600.00 $1,729,600.00 $0.00 01/01/2025 10/31/2027 Streamflow Restoration Grants Project Short Description: This project will improve streamflow, habitat, and water quality, to benefit salmon and other species in a lower Southgate Creek tributary and downstream to the Duwamish River. The RECIPIENT will design habitat restoration, fish barrier removal, conveyance, water quality improvements, and look into acquiring property adjacent to the intersection of S. 133rd Street and SE 131st Place in the city of Tukwila. Project Long Description: This project will improve streamflow, habitat, and water quality in Southgate Creek in the city of Tukwila. The city will attempt to acquire property that will provide additional space to relocate the mainstem of Southgate Creek, which runs within a roadside ditch, to a more natural stream channel within the property or properties to be acquired (informally referred to as the Triangle property and potentially the masonry Property). In addition, the project, to the degree feasible, will attempt to increase summer low -flows in the creek by altering or replacing an upstream manual by-pass Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 2 of 35 structure and other stormwater infrastructure that divert creek flow into an overflow bypass system. Relocating and naturalizing the stream within the identified acquisition area will improve stream flows, enable better hyporheic exchange, improve habitat conditions and water quality, reduce erosion and sediment deposition. The project will benefit threatened salmonids, native fish and aquatic species of concern including Coho, Puget Sound Chinook Salmon, Fall Chum and Coastal/Puget Sound Steelhead and Bull Trout. The Washington Department of Fish and Wildlife Priority Habitat and Species map also shows Coho salmon and residential coastal cutthroat trout in the project area. Project Background: Southgate Creek is in the Green/Duwamish River Watershed (Water Resource Inventory Area 9) and discharges to the Duwamish River at River Mile 8. Flooding issues in Southgate Creek have been an ongoing challenge since the development of the basin with documentation of the issues and proposed solutions dating back to the 1990s. Southgate Creek's upper reach sub basins are on steep slopes, and many sections of drainage have incised channels from stormwater inputs. The upper reaches lack proper stormwater detention due to most development preceding detention requirements. The commercial development in the lower, flatter portion of the watershed have incorporated detention BMPs, but many are undermaintained and have known deficiencies, such as sediment build up, and lack of water quality treatment. These factors contribute to higher flow volumes, erosion, increased sediment transport, loss of habitat, barriers to fish passage, and impacts to water quality. Southgate Creek is highly altered due to development patterns. Stream alignments have been relocated, simplified, and straightened. Many stream sections have been confined to roadside ditches and their floodplain disconnected. Tukwila's MS4 (municipal separate storm sewer system) is, in places, combined with Southgate Creek's natural drainage. A significant portion of the Southgate Creek's middle reach and eastern reach are bypassed out of the combined system and into an underground piped by-pass system that reduces flood potential but also substantially diminishes stream flow. The city does not know how much water is bypassed, but minimizing the amount of bypassed water and restoring streamflow to the extent possible and providing treatment is a priority. The Washington Department of Fish and Wildlife has repeatedly issued 5 -Year Hydraulic Project Approval (HPAs) to allow the city to dredge the right-of-way adjacent to the Triangle Property to maintain conveyance. The Department of Fish and Wildlife requested the RECIPIENT develop a sustainable solution to avoid future requests for HPAs to dredge Southgate Creek. Project Design and Benefits: The city completed 30 percent conceptual designs under phase 1 prior to receiving grant funding, which addresses sediment deposition, erosion, flooding, water quality and fish passage by re -aligning the West reach confluence with the Mainstem and replacing the existing S. 131st Crossing with a shorter, fish passable culvert. Because that work doesn't adequately address local flooding issues and other project goals, the city expanded the project area to extend from the SR 599 culvert inlet to the southern limits of S 134th Place. The city is currently underway with a feasibility study — Phase 2A- to evaluate the potential to address the stated goals within this larger project area, including the ability to utilize the potential properties to be acquired. This grant funds phase 2B design work. Phase 2B design work covers design and acquisition of the Triangle property and to determine the usable/developable area of the parcel based on known critical areas and buffers as well as land use setbacks. While details will be determined through the design process, the project goals are to re -direct some of the flows from a roadside ditch Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA through a newly constructed channel on the acquired property before it rejoins Southgate creek downstream of the site. The project will enhance instream and stream buffer habitat, contribute to flood storage, reduce routine maintenance, eliminate the need for dredging, reduce the amount of water bypassed through the underground system, and increase water quality treatment. Grant funding will be used to also develop Phase 2B from 30 percent design development to permit applications and construction documents. Property Acquisition: The city is interested in acquiring the "Triangle" property which is comprised of two parcels. The two parcels #2613200134 & 2613200087 total approximately 0.6 acres and are located at the intersections of S 133rd Street, S 131st Place, and 44th Avenue South in Tukwila. The property is zoned commercial light industrial and all above ground structures have been removed. A septic system or remnants may remain underground. The property is encumbered by Southgate Creek's stream buffer and potentially by a wetland and wetland buffer. Page 3 of 35 If acquired, the vacant property will provide the space needed to enlarge Southgate Creek from the roadside ditch to a stream section with vegetated buffers, increased floodplain connection with the existing wetlands, and additional summer flows to support habitat and hyporheic exchange. The upland portion of the property may be suitable for water quality treatment, site access, and public amenities such as a walking path. The city may receive additional funding from King County's Conservation Futures Tax program to help cover the acquisition cost. Overall Goal: This project will increase streamflow and improve aquatic habitat in Washington by acquiring property and developing designs for a future construction project which will include habitat restoration, fish barrier removal, conveyance, and water quality. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA RECIPIENT INFORMATION Organization Name: CITY OF TUKWILA Federal Tax ID: 91-6001519 UEI Number: UEQNMC26C8T3 Mailing Address: 6300 Southcenter Blvd Tukwila, WA 98188 Physical Address: 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Organization Email: catrien.deboer�tukwilawa.gov Organization Fax: (206) 433-0179 Contacts Template Version 12/10/2020 Page 4 of 35 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 5 of 35 Project Manager Joshua Hopkins Surface Water Project Manager 6300 Southcenter Blvd. Suite 200 Tukwila, Washington 98188 Email: joshua.hopkins@tukwilawa.gov Phone: (206) 890-6380 Billing Contact Catrien de Boer Public Works Grants Analyst 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Email: catrien.deboer@tukwilawa.gov Phone: (206) 482-9199 Thomas McLeod Authorized Mayor Signatory 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Email: thomas.mcleod@tukwilawa.gov Phone: (206) 431-2445 Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Resources 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 6 of 35 Template Version 12/10/2020 Melisa Snoeberger Project Manager PO Box 330316 Shoreline, Washington 98133-9716 Email: msno461�ecy.wa.gov Phone: (206) 556-6128 Jeanine Carlson Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: JEAC461�ecy.wa.gov Phone: (360) 999-7845 Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Page 7 of 35 Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology DOCUSigned by: By: EP1 & �°jt,us 6/17/2025 aFF(`d(.1jnFd13 Ria Berns Water Resources Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 CITY OF TUKWILA Signed by: By: �,bwtaS Ekt(,th 6/16/2025 RFF�d ZRf1Sd SRdd(: Date Thomas McLeod Mayor Date Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Kari Sand Page 8 of 35 Signed by: °int �' Sund 6/16/2025 City Attorney Andy Youn-Barnett City Clerk Template Version 12/10/2020 Date Signed by: c 6/16/2025 �FFRIIdQ,Ff�$4Q�'� Date Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number Task Title: Project Administration Task Cost: $10,000.00 Page 9 of 35 Task Description: A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient closeout report; submittal of required performance items; and compliance with applicable procurement and contracting requirements. B. The RECIPIENT will, along with each request for reimbursement, prepare and submit a progress report to ECOLOGY's project manager through Ecology's Administration of Grants and Loans (EAGL) on line grant management system. The reports shall include, at a minimum, the following information: A comparison of actual accomplishments to the objectives established for the reporting period. 1. The reasons for any delays if the project does not meet established objectives. 2. Plan and schedule of activities for the upcoming two months. 3. Analysis and explanations of any cost overruns. 4. Any additional pertinent information. C. The RECIPIENT shall submit a Recipient Closeout Report encompassing the entire project with their last payment request. The RECIPIENT shall submit the final payment request and Recipient Closeout Report within 30 days of the end of this agreement. D. The RECIPIENT must manage and carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report. * Properly maintained project documentation Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Recipient Task Coordinator: Catrien de Boer Project Administration Deliverables Page 10 of 35 Number Description Due Date 1.1 Payment Request/Progress Reports 1.2 Recipient Closeout Report 09/30/2027 Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number Task Title: Cultural Resources Review or Adoption Task Cost: $30,000.00 Page 11 of 35 Task Description: Cultural Resources Review, adoption, and consultation with Department of Archaeological and Historical Preservation (DAHP) and Tribes must be completed by ECOLOGY prior to land acquisition or any ground disturbing activities (examples include but are not limited to cultural resources surveys, geotechnical work, equipment installation, soil borings, and construction activities). A. The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. B. The RECIPIENT must comply with Governor's Executive Order (GEO) 21-02 concerning archaeological and cultural resources. To initiate cultural resources review, the RECIPIENT must: 1. Submit to ECOLOGY a completed Ecology Cultural Resources Review form (ECY 070-537; rev. 6/2021). All submitted materials must conform to the Department of Archaeology and Historic Preservation's Washington State Standards for Cultural Resource Reporting. 2. Submit a signed landowner agreement (LOA) or similar document for each project site, if applicable. 3. Submit to ECOLOGY a completed Ecology Inadvertent Discovery Plan (IDP) (ECY 070-560; rev. 6/2021). The RECIPIENT must ensure that all contractors, subcontractors, and volunteers have a copy of the completed IDP prior to and while working on-site. The RECIPIENT must ensure the IDP is immediately available onsite, be implemented to address any discovery, and be available by request by any party. 4. If the RECIPIENT would like to request review and adoption of existing Cultural Resources Review (s), submit to ECOLOGY a completed and signed Cultural Resources Review Adoption Checklist (provided by the ECOLOGY Project Manager). Submission of an adoption proposal must be for the same work in the same project area and ECOLOGY reserves the right to require additional work under this task and/or to deny external adoption. The RECIPIENT must submit any supplemental cultural resources documentation (copies of any associated survey or monitoring reports, project communication with the Department of Archaeology and Historic Preservation and Tribal Consultation, documentation of final determination, and any other relevant materials) to the ECOLOGY Project Manager. C. The RECIPIENT and all contractors, subcontractors, and volunteers performing work onsite must review the following Ecology video prior to proceeding with work onsite: "Inadvertent Discovery of Cultural Resources of Human Remains" (https://www.youtube.com/watch?v=cV3BppQTx9Q; 12:44 minutes). D. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with any work with potential impacts to cultural resources. Work done prior to written notice to proceed will not be eligible for reimbursement. Task Goal Statement: The RECIPIENT will comply with Governor's Executive Order (GEO) 21-02 concerning archeological and cultural resources. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 12 of 35 Task Expected Outcome: The project will be implemented in compliance with Washington State Governor's Executive Order (GEO) 21-02 concerning archeological and cultural resources. Recipient Task Coordinator: Joshua Hopkins Cultural Resources Review or Adoption Deliverables Number Description Due Date 2.1 Submit via email a completed ECY 070-537 (CRR) form and any 09/30/2025 supplemental cultural resources documentation to the ECOLOGY Project Manager. Do not upload to EAGL. 2.2 Upload to EAGL a signed landowner agreement or similar document, if 09/30/2025 applicable. 2.3 Upload to EAGL a completed ECY 070-560 (IDP) form and notify the 09/30/2025 ECOLOGY Project Manager when upload is complete. The Project Manager and RECIPIENT must review the IDP during a project kickoff or pre -construction meeting. 2.4 Submit via email a completed Cultural Resources Review Adoption Checklist and any supplemental cultural resources documentation to the ECOLOGY Project Manager, if applicable. Do not upload to EAGL. 2.5 Submit an email to the ECOLOGY Project Manager confirming the 09/30/2025 RECIPIENT and all contractors, subcontractors, and volunteers performing work onsite have viewed the video. 2.6 Upload to EAGL email(s) from ECOLOGY with Notice(s) to Proceed. 09/30/2025 Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number: 3 Task Cost: $12,000.00 Task Title: Acquisition Due Diligence - Property Appraisal Page 13 of 35 Task Description: The purpose of this task is to ensure that reasonable steps are taken to satisfy the legal requirements of purchasing a property. All final decisions on property acquisitions, easements, or leases will be aligned with the Recreation and Conservation Office (RCO) Acquisition Manual 3 found here: https://rco.wa.gov/wp-content/uploads/2019/07/Manual3.pdf. A. Prior to accessing funds for the purchase of the property, the RECIPIENT must document fair market value by self-contained appraisals performed accordance with the "Uniform Standards of Professional Appraisal Practice" (USPAP) and the RCO Acquisition Projects Manual 3. A State -Certified General Real Estate Appraiser must conduct an appraisal that complies with the USPAP and RCO Acquisition Projects Manual 3 for the properties to be purchased. A State -Certified or licensed review appraiser must then conduct an independent review appraisal of the appraisal. Both the appraisal and review appraisal must be submitted to ECOLOGY and approved in writing by ECOLOGY and King County, if applicable, before funds may be used to purchase the property. The ECOLOGY share of the acquisition will not be greater than the current market value, as determined by the appraisal and review appraisal. Documentation shall consist of identification and approval of the property and a USPAP, self-contained appraisal (i.e., expanded appraisal report) with review appraisal. Consistent with the RCO Acquisition Projects Manual 3, the appraisal must be reported in a fully self-contained appraisal report format to exceed the requirements outlined in the most current USPAP. The report must describe in detail the information analyzed and the reasoning and methodology that supports any analyses, opinions, and conclusions. The report will be subject to review by ECOLOGY and the appraiser will be required to clarify any issues in writing. Failure to do so may result in the report being considered unacceptable by ECOLOGY. B. The RECIPIENT must list all intended users of appraisals for appraisals completed for this acquisition. The intended user(s) of any appraisal completed for this acquisition include, but are not limited to, Ecology, King County, if applicable, and the RECIPIENT. C. The RECIPIENT must present the landowner with a Notice of Just Compensation that informs the landowner of the approved, appraised value of the property and offers tenant relocation assistance, if eligible. The notice must be signed by the landowner and a copy sent to ECOLOGY and King County, if applicable, for its records. The RECIPIENT must use the form Notice of Just Compensation and Relocations Notice to Owner provided by the RCO Acquisition Projects Manual 3. D. The RECIPIENT will submit a preliminary title report that identifies encumbrances, and the type of ownership interest for the property that will be acquired and will include a boundary map. The RECIPIENT will purchase and submit the title insurance policy. Task Goal Statement: The Recipient will complete all appraisal requirements and other due diligence as needed to comply with local, state, and federal law. Task Expected Outcome: Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Page 14 of 35 Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA The outcome of this task will be the negotiation of mutually acceptable terms for the sale of property to protect and restore streamflow in Southgate Creek. Recipient Task Coordinator: Joshua Hopkins Acquisition Due Diligence - Property Appraisal Deliverables Number Description Due Date 3.1 USPAP appraisal. Submit at least 90 days prior to closing for ECOLOGY 07/30/2025 review. Upload final copy to EAGL and notify ECOLOGY Project Manager upon completion. 3.2 Independent review of the appraisal. Submit at least 90 days prior to closing 09/30/2025 for ECOLOGY review. Upload final copy to EAGL and notify ECOLOGY Project Manager upon completion. 3.3 Notice of ECOLOGY acceptance of appraisal and review appraisal. Upload 09/30/2025 to EAGL. 3.4 Notice of Just Compensation. Submit at least 90 days prior to closing for 09/30/2025 ECOLOGY review. Upload final copy to EAGL and notify ECOLOGY Project Manager upon completion. 3.5 Title Report that shows the type of ownership interest and boundary map for 09/30/2025 the property that will be acquired. Submit at least 90 days prior to closing for Ecology and AGO review. Upload copy of signed and recorded document to EAGL and notify PM upon completion. 3.6 Preliminary Title Report Checklist. Submit at least 90 days prior to closing for 09/30/2025 Ecology and AGO review. Upload copy of final document to EAGL and notify PM upon completion. Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number Task Cost: $15,000.00 Task Title: Acquisition Due Diligence - Property Environmental Page 15 of 35 Task Description: A. The RECIPIENT shall obtain and submit to ECOLOGY a Phase I hazardous substances assessment for each property to be acquired, prior to purchase. RECIPIENT shall use the Hazardous Substances Certification and Assessment Checklist provided in the RCO Acquisitions Policies Manual procedures as a Phase I assessment. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70A.305.020(13), and shall certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70A.305. The RECIPIENT will defend, protect, and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, costs, attorneys' fees, and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. Task Goal Statement: The Recipient will complete all environmental reviews and other due diligence as needed to comply with local, state, and federal law. Task Expected Outcome: The outcome of this task will be a completed environmental review for the acquisition of property along Southgate Creek. Recipient Task Coordinator: Joshua Hopkins Acquisition Due Diligence - Property Environmental Deliverables Number Description Due Date 4.1 Phase 1 Environmental Site Assessment for the property to be acquired. 09/30/2025 Submit at least 90 days prior to closing for review. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 4.2 Property Assessment Checklist for Hazardous Substances Certification. 09/30/2025 Upload to EAGL and notify ECOLOGY Project Manager upon completion. 4.3 Hazardous Substances Certification. Upload to EAGL and notify ECOLOGY 09/30/2025 Project Manager upon completion. Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number: 5 Task Cost: $900,000.00 Task Title: Property Acquisition and Restoration/Stewardship Page 16 of 35 Task Description: The purpose of this task is to acquire property for streamflow restoration and protection. All final decisions on property acquisitions, easements, or leases will be aligned with the Recreation and Conservation Office (RCO) Acquisition Manual 3 found here: https://rco.wa.gov/wp-content/uploads/2019/07/Manual3.pdf. A. The RECIPIENT will acquire the property and ensure that property records and conveyance documents (e.g., deed, easement, deed of right) are recorded in the RECIPIENT's name and with the county auditor's office. The RECIPIENT understands that the purchase price of the property shall not be reimbursed prior to receipt of documentation of sale, but funds may be requested to be transferred directly into escrow to go towards the property closing. This must be requested at least 30 days in advance of the estimated closing date and is contingent upon completion of all required forms and documentation as required by ECOLOGY. The RECIPIENT will submit copies of all the property records and executed conveyance documents after closing to ECOLOGY. The property must be deed -restricted to ensure that it remains in use for streamflow restoration purposes outlined in this agreement and is not modified to another use without approval from ECOLOGY. B. The RECIPIENT will complete and submit a deed of right for ECOLOGY review and notarized signature. The deed of right will include the legal description of the real property rights purchased with funding assistance provided through this agreement, as well as duties and responsibilities to uphold the purpose of protecting, restoring, or enhancing natural conditions to protect and improve streamflow, in perpetuity. The RECIPIENT will record the notarized deed of right with the county assessor's office and upload a copy to EAGL. C. The RECIPIENT will develop a Stewardship Plan to ensure meeting the streamflow objectives and maintaining the site for at least 10 years from the project agreement completion date. The RECIPIENT will submit a draft to the ECOLOGY Project Manager for review and approval prior to implementation. The plan must describe goals, strategies, estimated budgets and funding sources for all short and long-term intended uses and planned activities for the property and all structures. Submit a draft to the ECOLOGY Project Manager for review within one year of closing. D. The RECIPIENT shall not, at any time, transfer ownership, or convert real property (including interest therein) purchased pursuant to this Agreement to uses other than the purposes for which funds were approved without prior approval of Ecology and King County, if applicable. Task Goal Statement: The property will be purchased and managed to protect and improve streamflow, in perpetuity. Task Expected Outcome: 0.6 acres will be purchased for streamflow restoration. A Stewardship Plan will guide future streamflow restoration activities on the property. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Recipient Task Coordinator: Joshua Hopkins Property Acquisition and Restoration/Stewardship Deliverables Page 17 of 35 Number Description Due Date 5.1 Draft Deed of property. Submit at least 90 days prior to closing for Ecology 09/30/2025 and AGO review. 5.2 Deed of Right. Submit at least 90 days prior to closing for Ecology and AGO 09/30/2025 review. Upload copy of signed and recorded document to EAGL and notify PM upon completion. 5.3 Title Insurance Policy. Submit at least 30 days prior to closing for Ecology and 09/30/2025 AGO review. Upload copy of the final document to EAGL and notify PM upon completion. 5.4 Recorded legal survey and boundary line adjustment, if necessary. 11/30/2025 5.5 Signed settled statement to verify purchase price and date of sale. Submit at 11/30/2025 least 30 days prior to closing for Ecology review. Upload copy of signed and recorded document to EAGL and notify PM upon completion. 5.6 Assignment of Rights, as needed. 12/31/2025 5.7 Three maps of varying scale, from small to large scale, including location within 09/30/2025 the state, specific location map, parcel, or plat map. Submit at least 90 days prior to closing for Ecology and AGO review. Upload copy of signed and recorded document to EAGL and notify PM upon completion. 5.8 GIS Shapefile for each property acquired. 12/31/2025 5.9 Stewardship Plan. Email draft to ECOLOGY Project Manager for review and 12/31/2025 approval. Upload final copy to EAGL and notify ECOLOGY Project Manager upon completion. 5.10 Deed of property. Upload a copy of the signed and recorded document to 12/31/2025 EAGL and notify ECOLOGY Project Manager upon completion. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Page 18 of 35 Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number: 6 Task Cost: $747,600.00 Task Title: Environmental Reviews, Designs, and Permitting Task Description: The RECIPIENT will complete design and permitting for a multi -beneficial project centered around restoring stream function and salmon habitat. Design goals are to remove barriers to fish passage, enhance, and expand in -stream and stream buffer habitat. This project will also realign the creek out of a roadside ditch and direct some of the streamflow that was previously directed to the underground stormwater infrastructure network through the project site to provide habitat for salmon and other aquatic species while also contributing to hyporheic exchange. Designs will comply with the requirements found in the Wetland Mitigation in Washington State Part 1: Agency Policies and Guidance, 2021 publication #21-06-003.The design submittals must also conform to the Stormwater Deliverables Guidance document. Projects must be designed in accordance with the Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. The RECIPIENT will ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will comply with State Environmental Policy Act provisions and provide Ecology with the final threshold determination and any a subsequent SEPA documentation. B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. Permitting may include: WDFW HPA, Shoreline Permit, DHP determination letter, Tukwila Public Works Permit, Tukwila Special Permission, and ECOLOGY WQ Permitting. C. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance. Allow 45 calendar days for ECOLOGY review. The RECIPIENT will calculate and include a preliminary equivalent new/re-development area for the completed design using the methods outlined in the Stormwater Deliverables Guidance. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent Design. D. The RECIPIENT will submit a 90 Percent Design Package for stormwater and habitat restoration activities to ECOLOGY for review and acceptance. At a minimum, this package must include 90 percent plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA to Final Bid Package. Page 19 of 35 E. The RECIPIENT will submit preliminary GIS polygon data for the contributing basin (s) and the BMP footprint(s). Acceptable formats include shapefiles, file geodatabase feature classes, shared feature service URLs, or ECOLOGY -accepted equivalent. Refer to the Stormwater Deliverables Guidance for more information. Task Goal Statement: The RECIPIENT will complete the State Environmental Policy Act review process in a timely manner. The RECIPIENT will correctly and completely identify and secure all required permits. The RECIPIENT will complete design tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY's Streamflow Restoration funding program, Water Quality facility design standards, and all other applicable federal, state, and local laws, and regulations. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Recipient Task Coordinator: Joshua Hopkins Environmental Reviews, Designs, and Permitting Deliverables Page 20 of 35 Number Description Due Date 6.1 Final Threshold Determination or other documentation for projects considered 06/30/2026 exempt from SEPA review. Upload to EAGL and notify ECOLOGY when upload is complete. 6.2 Signed and dated consultant contract, if procuring services for design. The 06/30/2026 contract must include ECOLOGY's standard contract clauses and/or specification insert. Upload to EAGL and notify ECOLOGY. 6.3 Design Report. Upload to EAGL and notify ECOLOGY. 01/15/2027 6.4 Responses to ECOLOGY Design Report comments. Upload to EAGL and 03/15/2027 notify ECOLOGY 6.5 ECOLOGY Design Report Acceptance Letter. Upload to EAGL and notify 04/15/2027 ECOLOGY 6.6 90 Percent Design Package. Upload to EAGL and notify ECOLOGY. 05/15/2027 6.7 Responses to ECOLOGY 90 Percent Design Package comments. Upload to 07/15/2027 EAGL and notify ECOLOGY. 6.8 ECOLOGY 90 Percent Design Acceptance Letter. Upload to EAGL and 08/15/2027 notify ECOLOGY. 6.9 Preliminary project shapefiles, file geodatabase feature classes, shared feature 09/30/2027 services, or ECOLOGY -accepted equivalent. Upload to EAGL and notify ECOLOGY. 6.10 List of permits acquired and environmental review documents. Upload to 09/30/2027 EAGL and notify ECOLOGY when upload is complete. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA SCOPE OF WORK Task Number: 7 Task Cost: $15,000.00 Task Title: Closeout Page 21 of 35 Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1. B. The RECIPIENT will complete the Final Outcome Summary Report template provided by the Ecology Project Manager, to summarize the outcomes of the completed project. The Final Outcome Summary Report will be used by ECOLOGY to generate communications materials on the project. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of Recipient Closeout Report and Outcomes Summary. Recipient Task Coordinator: Joshua Hopkins Closeout Deliverables Number Description Due Date 7.1 Final Outcome Summary Report. Upload report and any maps, shapefiles, or other supportive documents to EAGL. 09/30/2027 Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA BUDGET Funding Distribution EG250560 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Streamflow Restoration Grants Program Funding Type: Grant Funding Effective Date: 01/01/2025 Funding Expiration Date: 10/31/2027 Funding Source: Title: Watershed Restoration and Enhancement Bond Account Page 22 of 35 Fund: FD Type: State Funding Source %: 100% Description: To fund projects using tax exempt bonds. Projects include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure designed to provide access to new water supplies, with priority given to projects in watersheds developing specified plans and watersheds participating in the defined pilot project. Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Streamflow Restoration Grants Program Task Total Project Administration $ 10,000.00 Cultural Resources Review or Adoption $ 30,000.00 Acquisition Due Diligence - Property Appraisal $ 12,000.00 Acquisition Due Diligence - Property Environmental $ 15,000.00 Property Acquisition and Restoration/Stewardship $ 900,000.00 Environmental Reviews, Designs, and Permitting $ 747,600.00 Closeout $ 15,000.00 Total: S 1,729,600.00 Template Version 12/10/2020 Page 23 of 35 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Funding Distribution Summary Recipient / Ecology Share Page 24 of 35 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Streamflow Restoration Grants Program 0.00 % $ 0.00 $ 1,729,600.00 $ 1,729,600.00 Total S 0.00 S 1,729,600.00 S 1,729,600.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFRI80.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Page 25 of 35 Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <htlp://www.usaspendins4.s4ov/>. For more details on FFATA requirements, see www.fsrs.s4ov <http://www.fsrs.s4ov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <httys://www.s4ovinfo.s4ov/content/i)ks4/PLAW-115i)ubl232/bdf/PLAW-115i)ubl232.i)df'>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA the System for Award Management (SAM) <htlps://sam.s4ov/SAM/> exclusion list. Template Version 12/10/2020 Page 26 of 35 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Page 27 of 35 Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • 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. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 28 of 35 • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT 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 Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, 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 the ECOLOGY Program. 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. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. I) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 29 of 35 J) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 30 of 35 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 31 of 35 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 32 of 35 a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. I) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA 22. RECORDS, AUDITS, AND INSPECTIONS Page 33 of 35 RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Page 34 of 35 Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template version 12/10/2020 Docusign Envelope ID: 6B74BCD8-61 D4-4A67-9OC7-945B67AFF8F5 State of Washington Department of Ecology Agreement No: WRSRP-2024-TukvAl-00264 Project Title: Southgate Creek Phase II Design Development Recipient Name: CITY OF TUKWILA Page 35 of 35 event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template version 12/10/2020 Certificate Of Completion Envelope Id: 6B74BCD8-61 D4-4A67-9007-945B67AFF8F5 Subject: Complete with Docusign: For Sig nature_WRSRP-2024-Tukwil-00264.pdf Source Envelope: Document Pages: 35 Signatures: 4 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -08:00) Pacific Time (US & Canada) Record Tracking Status: Original 6/11/2025 10:51:00 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Kari L. Sand Kari.Sand@Tukwilawa.gov City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Andy Youn-Barnett Andy.Youn-Barnett@Tukwilawa.gov City Clerk Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Thomas McLeod thomas.mcleod@tukwilawa.gov Mayor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Ria Berns RBER461 @ECY.WA.GOV Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Holder: Jeanine Carlson jeac461 @ecy.wa.gov Pool: StateLocal Pool: Washington State Department of Ecology Signature ES!g"by: ed 5A4E45i Signature Adoption: Pre -selected Style Using IP Address: 20.237.240.94 Signed by: C BD44F�4f�``_ Signature Adoption: Drawn on Device Using IP Address: 216.190.24.4 EISIgned by: TUM&S k�t b� 8EE24380545B44C... Signature Adoption: Pre -selected Style Using IP Address: 216.190.24.4 E110cuSigned by: a ft Y1n,S FtAEEC4C31DE413... Signature Adoption: Pre -selected Style Using IP Address: 163.116.149.222 0 docusign. Status: Completed Envelope Originator: Jeanine Carlson P.O. Box 47600 Olympia, WA 98504 jeac461 @ecy.wa.gov IP Address: 136.226.56.80 Location: DocuSign Location: Docusign Timestamp Sent: 6/12/2025 9:08:58 AM Viewed: 6/16/2025 7:21:58 AM Signed: 6/16/2025 7:22:24 AM Sent: 6/16/2025 7:22:25 AM Viewed: 6/16/2025 9:58:01 AM Signed: 6/16/2025 9:58:42 AM Sent: 6/16/2025 9:58:43 AM Resent: 6/16/2025 10:07:41 AM Viewed: 6/16/2025 2:48:01 PM Signed: 6/16/2025 2:48:15 PM Sent: 6/16/2025 2:48:16 PM Viewed: 6/16/2025 4:59:54 PM Signed: 6/17/2025 8:13:30 AM In Person Signer Events Signature Timestamp Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Catrien de Boer Catrien.deboer@tukwilawa.gov Grants Analyst City of Tukwila Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Rachel Ditlevsen rdit461 @ECY.WA.GOV Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Joshua Hopkins joshua.hopkins@tukwilawa.gov Surface Water Project Manager City of Tukwila Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Status Status Status Status VIEWED Using IP Address: 2601:601: d480:f8a0:894a:3d 76:154e:1867 Status P"IE[ Melanie Worf COPIED mwor461 @ecy.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Timestamp Timestamp Timestamp Timestamp Sent: 6/11/2025 10:57:57 AM Viewed: 6/12/2025 9:08:58 AM Timestamp Sent: 6/17/2025 8:13:31 AM Sent: 6/17/2025 8:13:31 AM Viewed: 6/17/2025 8:15:48 AM Sent: 6/17/2025 8:13:32 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/11/2025 10:57:57 AM Envelope Updated Security Checked 6/16/2025 10:07:40 AM Certified Delivered Security Checked 6/16/2025 4:59:54 PM Signing Complete Security Checked 6/17/2025 8:13:30 AM Completed Security Checked 6/17/2025 8:13:32 AM Payment Events Status Timestamps