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HomeMy WebLinkAbout22-181 - King County - Cooperative Watershed Management Grant (CWM): Nelsen Side ChannelDocusign Envelope ID: 0531 BAOC-68B6-4OA2-AO7E-3433DD7AE232 22-181(a) Council Approval N/A LN Ix A King Countilli PARKS OPEN SPACE RIVERS CORRIDORS PROGRAM FEASIBILITY/PLANNING AMENDMENT Department/Division: Natural Resources and Parks / Parks and Recreation Grant Recipient: Project: Award Amount: Date Entered: City of Tukwila Nelsen Side Channel X250 000 Proj ect#:1144640 8/20/2025110:20 AM PDTAmendment 4: 1 AMENDMENT EFFECTS IJ Term Amendment IJ Exhibit A: Scope of Work IJ Exhibit B: Project Budget AMENDMENT EFFECTS DESCRIPTION 1. Amend: Page 1— Term Period October 30, 2025 To Read: Page 1— Term Period November 30, 2026 2. Exhibit A: Scope of Work shall be amended as follows: Scope of work The project willl open up one acre of off -channel fllood'pllain habitat and restore another acre of iparian forest by setting, back a levee andreconnecting the river with its historic Channell. The INelse n Side Channel project is a multi-beneficliail project in an urban setting along the main stern oft he Green River. The project willI open up one acre of off-chanine I flood plain Inahitat and restore another acre of riparian forest by setting back a levee and reconnecting the river with its historic Channell. Utilizing an integrated approach to floodplain management, a multi- disciplinary project design team willl coordinate with stakeholders to work towards achieving goalls and creating (bust outcomes. 3. Exhibit B: Project Budget shall be amended as follows: Contract#: 6341841 Key Activities/ N1'i Estimated Completionlestnnea 16ate Qeliwera611es I Proem Start 03/01/2023 Cultural Resources Study Site survey Acq.—,on Deed(s) iincluding Restrictive Covenant (Preliminary Designs Pi+nal Report 2, Cultural Resources Investigations 04./01/20,23 Site survey X68/01/2023 q Environmental Assessment 08/01/2023 5 Geotechnical investigation 08./01/2923 6, Critical Areas Assessment 12131120,23 7' Preliminary (30%) Design 10/31/2025 8 Stakeholder Coordination 09/30/202.5 9 Acquisition of Sidle Channel 09/30/202fi 3. Exhibit B: Project Budget shall be amended as follows: Contract#: 6341841 Docusign Envelope ID: 0531 BAOC-68B6-4OA2-AO7E-3433DD7AE232 Project Budget Project (Name: Ciity of'Tukwilla f INelseln Slide Channell Budget Amendment Proposal Acquisition $00„000 Appraisal Title; Closing, Fees Totalll (Property Interest Value Taxes PlanningfpesignfPermits $116„333 Stakeholder Outreach & Coordination Survey & Site InveAgations Conceptual Al-ternative (Design Preliminary Design (30%) Drait/IFiiinafll.. Alternatives Analysis Repuirt 30% Flans, Specs & IFstiimale Agency Coordination Indirect costs $41„667 $250,”, 4. Except as set forth herein, all other terms and conditions of the Contract shall remain unchanged and in full force and effect. 5. Each person signing this Amendment warrants that he/she/they have the authority to sign this Amendment on behalf of the party for which that person signs. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. KING COUNTY, WASHINGTON DocuSigned by: By ry � Title Division Director, Parks Date 8/20/2025 110:20 AM PDT GRANT RECIPIENT: City of Tukwila Signed by By esaessaeQsaeQ Title City Clerk GRANT RECIPIENT: City of Tukwila Signed/ _by By Title City Attorney Date 7/31/2025 112:22 PM PDT GRANT RECIPIENT: City of Tukwila Signed by: By 'j%OwaShtto j Title Mayor Date 8/11/2025 18:25 AM PDT Date 8/18/2025 112:10 PM PDT DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 22-181 Council Approval 11/21/22 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 LIQ King County OPEN SPACE - RIVER CORRIDORS PROGRAM FEASIBILITY/PLANNING PROJECT GRANT AGREEMENT Department/Division: Natural Resources and Parks / Parks and Recreation Grant Recipient: City of Tukwila - Public Works Project: Nelsen Side Channel Award Amount: $250,000.00 Project#: 12/23/2022 1 1:13 PM PST Term Period: To 1144640 Contract#: 6341841 10/30/2025 THIS AGREEMENT is a grant agreement entered into between City of Tukwila - Public Works Department ("Grant Recipient") and King County (the "County") (collectively the "Parties") for a feasibility study ("Feasibility Study") for flood risk reduction, habitat restoration, open space, and/or recreation along river corridors using an Open Space — River Corridors Program grant. RECITALS A. Ordinance 18890, which took effect May 13, 2019, called for a special election to authorize the King County parks, recreation trails and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding in order to address the pressures of rapid growth in King County. B. Motion 15378, Section A.5., and Attachment E, further delineated the use of levy funds for the Open Space - River Corridors Program and the guidelines governing that use. C. Ordinance 19166, Attachment D established the grant award criteria and the process for the distribution of Open Space - River Corridors Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Open Space - River Corridors Program and enter into agreements for the use of the grant funds with King County agencies, towns, cities, tribal organizations, port districts, flood control districts, diking and drainage districts, conservation districts, nonprofit organizations, or salmon recovery forums for habitat restoration, open space acquisition or recreational opportunities that are integrated DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 with preventive and corrective measures to reduce the risk of flooding and to protect and enhance those critical lands adjacent to rivers. E. Grant Recipient is a City. F. The Open Space — River Corridors Program Advisory Committee has recommended an allocation of levy grant funds to specific projects, pursuant to Ordinance 19478. G. King County has selected Grant Recipient to receive an Open Space — River Corridors grant award in the amount of $250,000.00 ("Grant Award Funds"). NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS DEFINITIONS 1.1 Project. The term "Project" means the Feasibility Study described in Exhibit A for a habitat restoration, open space acquisition, and/or recreation project that is integrated with preventive and corrective measures to reduce the risk of flooding and to protect and enhance those critical lands adjacent to rivers. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to conduct the study, as set forth in Exhibit B, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: ® Scope of Work Attached hereto as Exhibit A ® Project Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ® Cultural Resource Preservation Requirements Attached hereto as Exhibit D 1.2 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"), attached hereto as Exhibit A, which describes the Project in detail and includes a description of the feasibility study milestones required for completion of the Project and intended use of the Grant Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit A. 1.3 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit B. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits A and B. Grant Award Funds provided to Grant Recipient DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department - Nelsen Side Channel - 6341841 may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits A and B. 1.4 Contractor. "Contractor" shall include any contractor or consultant hired by Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date") TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on 11/30/2025. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. Either party may request changes to this Agreement, however, changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and the King County Council will need to be approved by those entities. 5. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Tukwila - Public Works De artment Rusty Milholland Brittany Robinson Program Manager Grant Analyst King County Parks Public Works Department 201 S Jackson Street Suite (5702) 6200 Southcenter Blvd Seattle, WA 98104 Tukwila, WA, 98188 206-848-0299 206-431-2445 rmilhollandgkingcounty.gov brittan .robinson tukwilawa. ov Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County -approved completed Scope of Work and DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 Project Budget (see Section 1 and Exhibits A and B). 6.2 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project -related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit A) and Project Budget (Exhibit B), within thirty (30) days of the date this Agreement expires or is terminated. If the Grant Recipient's final invoice, supporting documentation and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to Grant Recipient of the amounts set forth in said invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A and B of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit A, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a "grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a groundbreaking or opening dates. DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department - Nelsen Side Channel - 6341841 9.4 King County Council Notification: If Grant Recipient is a city or town notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is required. 9.5 Signage: Grant Recipient shall recognize "King County Parks" on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 11. PUBLIC ACCESS AND RESTRICTIVE COVENANTS The Grant Award is provided to Grant Recipient for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grant Recipient and any successor in interest agree that the Feasibility Study is for a habitat restoration, open space acquisition, and/or recreation project for use by the public, as required by Ordinances 18890 and 19166. The final habitat restoration, open space acquisition, or recreation project shall be open and accessible to the public at reasonable hours and times. The public shall be notified of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the habitat restoration, open space acquisition, or recreation project shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time the habitat restoration, open space acquisition, or recreation project must be available for public use is thirty (30) years. Upon completion of construction of the Capital Recreation Project a restrictive covenant agreement specifying the public use requirements and other funding restrictions on the habitat Restoration, open space acquisition, or recreation project shall be recorded. 12. INSURANCE 12.1 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit C - Insurance Requirements. 13. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 14. MAINTENANCE OF RECORDS 14.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 14.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. 14.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 15. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal business hours. 16. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 17. CORRECTIVE ACTION 17.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. 17.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 18. TERMINATION 18.1 King County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing Grant DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 Recipient ten (10) days advance written notice of the termination. 18.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. 18.3 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. 18.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits A and B, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 19. FUTURE SUPPORT: UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the future habitat restoration, open space acquisition, or recreation project unless specifically contracted for in another agreement. 20. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or Contractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, Contractors, and/or agents of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all agreements or Contractor agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient's duties under this Section 20 will survive the expiration or earlier termination of this Agreement. 21. NONDISCRIMINATION King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because 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, unless based upon a bona fide occupational qualification. 22. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 23. PROJECT MAINTENANCE, EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project and future habitat restoration, open space DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 acquisition, and/or recreation projects at its own sole expense and risk. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project and future habitat restoration, open space acquisition, and/or recreation project's in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient's duties under this Section 23 shall survive the expiration of this Agreement. 24. CULTURAL RESOURCES. Grant Recipient agrees to coordinate cultural resource review of the Project with the King County Historic Preservation Program ("HPP") in order to determine potential effects to cultural resources and any necessary mitigation. Grant Recipient further agrees to perform the steps outlined by the HPP for any necessary cultural resource preservation as specified in Exhibit D. 25. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 27. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 28. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 29. PUBLIC DOCUMENT DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Grant Recipient shall develop and run the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 33. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. City of Tukwila - Public Works Department Do,,Sig,,d by: By r UAAA W Title Mayor King County D. USig-d by: By �` Title Director, King county Parks & Recreation Date 12/23/2022 1 11:16 AM PST Date 12/23/2022 1 1:13 PM PST DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 IN (King County PIKEWS City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 EXHIBIT A- SCOPE OF WORK Park Levy Grant Open Space - River Corridors Program Scope of Work The project will open up one acre of off -channel floodplain habitat and restore another acre of riparian forest by setting back a levee and reconnecting the river with its historic channel. The Nelsen Side Channel project is a multi -beneficial project in an urban setting along the main stem of the Green River. The project will open up one acre of off -channel floodplain habitat and restore another acre of riparian forest by setting back a levee and reconnecting the river with its historic channel. Utilizing an integrated approach to floodplain management, a multi- disciplinary project design team will coordinate with stakeholders to work towards achieving goals and creating best outcomes. Key Activities/Milestones Estimated CompletionDate 1 Project Start 03/01/2023 2 Cultural Resources Investigations 08/01/2023 3 Site Survey 08/01/2023 4 Environmental Assessment 08/01/2023 5 Geotechnical Investigation 08/01/2023 6 Critical Areas Assessment 12/31/2023 7 Preliminary (30%) Design 12/31/2023 8 Stakeholder Coordination 02/01/2024 9 Acquisition of Side Channel 12/31/2024 10 Final (100%) Design 12/31/2024 11 Project Groundbreaking 05/01/2026 12 Project Completion 12/31/2026 Deliverables Cultural Resources Study Site Survey Acquisition Deed(s) Preliminary Designs Final Designs Final Report DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 EXHIBIT B- PROJECT BUDGET Project Name: City of Tukwila / Nelsen Side Channel Project Expenses Total Project Costs Grant Budget Planning/Design/Permits Acquisition $22,500 $20,000 Stakeholder Outreach & Coordination $25,000 $20,000 Survey & Site Investigations (Cultural, H&H, Geo, etc) $125,000 $50,000 Conceptual Alternative Design $35,000 $28,000 Preliminary Design (30%) $45,000 $35,000 Draft/Final Design Report $17,500 $5,000 90% Plans, Specs & Estimate $90,000 $36,000 Permit Application & Agency Coordination $45,000 $10,000 Final Design $45,000 $10,000 Other Contingency $50,000 Project Management (Max 15% of grant) $50,000 $36,000 Tax TOTALS $550,000 $250,000 DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 EXHIBIT C- INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 1.2. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. 1.3. Each insurance policy shall be written on an "occurrence" basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber Liability (Technology Errors and Omissions). These coverages required by this Agreement may be written on a "claims made" basis. If coverage is approved and purchased on a "claims made" basis, the coverage provided under that insurance shall be maintained through (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Project which is the subject of this Agreement. 2. Evidence and Cancellation of Insurance 2.1. Upon execution of the Agreement, and within thirty (3 0) days of request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar documentation confirming renewal of required insurance shall be provided on each insurance renewal date. DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 2.3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Exhibit C or, consequently, constitute the County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance or preclude or prevent any action by County against Grant Recipient for breach of the requirements of this section. 3. Minimum Scope and Limits of Insurance 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to premises liability, products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the County. 3.1.2. Professional Liability (Errors and Omissions): Grant Recipient @or its Contractor(s) shall procure and maintain Professional Liability (Errors and Omissions) insurance with minimum limits of $1,000,000 per claim and in the aggregate 3.1.3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3.1.4. Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 3.1.5. Employers Liability or "Stop Gap" coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. 4. Other Insurance Provisions and Requirements 4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products -completed operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s) to complete the Agreement. If Grant Recipient participates in the WCIA risk pool, this additional insured requirement shall not apply. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees, or agents shall not contribute with any Grant Recipient's or Contractor(s) insurance or benefit the Grant Recipient or any Contractor or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer's liability. 5. Waiver of Subrogation 5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 6.1. Any deductible and/or self-insured retention of the policies shall not in any way limit the County's right to coverage under the required insurance, or to Grant Recipient's, or any Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A: VIII. 7.2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 7.3. If at any time any of the foregoing policies fail to meet the above stated requirements, Grant Recipient shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for review. 8. Self -Insurance 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. 9. Contractors 9.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being provided herein. To the extent reasonably commercially available, insurance maintained by any Contractor must comply with the specified requirements of this Exhibit C, including the requirement that all liability insurance policies (except Professional Liability and Workers Compensation) provided by the Contractor(s) must include the County, its officials, agents and employees as additional insured for full coverage and policy limits. Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the required insurance and ensure the County is included as additional insured. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. 10. Work Site Safety Grant Recipient shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. Grant Recipient shall comply with all applicable federal, state and local safety regulations governing the job site, employees, and Contractors. DocuSign Envelope ID: 2245E2D9-F101-4762-AED5-363016CFCD52 City of Tukwila - Public Works Department — Nelsen Side Channel — 6341841 EXHIBIT D- CULTURAL RESOURCE PRESERVATION REQUIREMENTS Based on the initial cultural resources review, the following recommendations are conditions and/or requirements for the scope of this grant funded Project: CULTURAL RESOURCES REQUIREMENTS. The Grant Recipient shall retain a qualified professional archaeologist to survey all parts of the project area where ground disturbance will occur. The archaeologist shall complete a survey report that meets the Washington Department of Archaeology and Historic Preservation's reporting standards, create a new project in WISAARD (as needed), upload the report, and add the King County Historic Preservation Program as an Organization with Editor access in the project. The survey report shall include 1) a USGS topographic map and an aerial photograph showing shovel probe locations and 2) detailed stratigraphic information for the surveyed area. The archaeologist shall notify the Affected Indian Tribes of their field schedule so that the Tribes can send staff to observe the field work. The archaeologist may contact the King County Historic Preservation Program's Archaeologist, Philippe LeTourneau, at 206-477-4529 or phililape.letourneauakin civ. ov, with any questions about the scope of work. Prior to construction, the Grant Recipient will submit a copy of the report to the King County Historic Preservation Program's Archaeologist. The Grant Recipient will be required to comply with any recommendations made by the King County Historic Preservation Program's Archaeologist as a result of the professional archaeologist's work. Additional investigations could be required to comply with state laws and regulations related to cultural resources if significant cultural resources are identified during the survey investigation. Report will be provided to HPP for review. NOTE: The special conditions listed above apply to any and all ground disturbance funded by these Grant Award Funds, however it is recommended to conduct archeological survey of the full project area of the future capital project. Portions of the project area which were previously been in the Green River may not require additional archeological survey. If archeological survey work is already completed, Grant Recipient must provide a copy of the report to HPP for review in accordance with the special condition above. Cc your King County Parks grant manager on all emails with Historic Preservation Program staff.