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Home My WebLink AboutCSS 2025-12-08 Item 1C - Grant Acceptance - King County Open Space-River Corridors Grant for TCC Riverside Campus & Canoe LaunchThomas McLeod, Mayor Parks &Recrea&ion Department -Pete Moyer, Director INFORU��d��U��Uo��U U��U�d��U� MATIONAL nwu�~o�x�*u��-^u��"mu TO: Thomas McLeod, City mfTukwila Mayor Community Services & Safety Committee FROM: Pete Mayer, Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: November 24, 2025 SUBJECT: Grant : King County Open Space -River Corridors Grant Tukwila Community Center Riverside Campus & Canoe Launch Project ISSUE The City of Tukwila Parks & Recreation Department has been awarded a $1,000,000 grant administered through the King County Parks Levy Open Space - River Corridors ([)SRC) program. Per city policy, a grant agreement for this amount of funding requires city council approval before the Mayor may sign the contract for execution and recording. BACKGROUND Enhancing and improving the Tukwila Community Center campus was identified 8S8priority project in the 2020 Parks, Recreation and Open Space (PROS) Plan. In 2024, the City of Tukwila contracted with the Berger Partnership to engage in a park master planning process for the Tukwila Community Center C8OnpUS. This vvOrh led to the creation of concept plans for 7-Ukvvi|8 COnnrnUnitv Center Riverside Campus and Canoe Launch, 8re-imagining Ofthe 0UVV8rDiShRiver waterfront located OOSit8.The Parks and Recreation Advisory Committee reviewed the conceptual master plan inApril 0f2O24. |Othe Spring Of2025. department staff sought toprepare 8OdSUb0it8grant8pplic8tioOto the King County Parks Levy Open Space - River Corridors program, which specifically supports projectsth8t "help restore the natural functions of rivers, Cn88t8 or restore public access, and/or increase public awareness Ofriver corridors 8Svaluable natural [SSOUrC8S."King County Parks Levy administered grant applications are accepted, evaluated, and ranked by Advisory Committees of parks and recreation and public administration professionals throughout the |0CG| area. In total, fifteen (15) projects were submitted from across the county and l[UkVVi|8'Sproject VV8SrGOk8dhigh8DOUQhtOP8C8iV8itSfU|| funding request. Staff were made aware Ofthe p m �HCt'SS8|0CtiDOfO[fUOdiOQODJU|y23 .2O25. Th8Citv's 2025-2O3OCapital Improvement Program ({}|P)defines the TCC Campus Master Plan project (#72530301), including estimated pj8CtCOSLS8OdfUOdingSOU[CHS.S18ff8r8t8hiDgth8n8Xt step in executing the approved project. DISCUSSION Project Overview The Tukwila Community Center Riverside Campus and Canoe Launch re -develops the Duwamish River waterfront OOSite into G nature -focused community gathering SpGQe' bringing the river and O8Uwe VVGShiOgU3O flora within reach of community members and park USenS. |OOprOVDrO8OtS to the C@OlpUS are planned to ino|ude, but are not limited to, irnpn}vnrnentn to the n@rnpuG trail loop to o||ovv for/\OA access, @ brand-new boardwalk/walkway adjacent tOthe DUVV@0OiShRiver, improved picnic areas, 3 DOO-rOOLO[ized VV8t8[C[@ft |8UOCh site, an A0A-accessible river overlook tower, and @ |OQ j80 seating Tukwila City Hall "6200 Southcenter Boulevard" Tukwila, WA 98188°206-433-1800°Website: TukwilaWA.gov 13 Community Services & Safety Committee Page 2 wall facing the Duwamish River. Additionally, ecological restoration will be completed along the riverbank. These elements will provide new recreation and community gathering opportunities for all Tukwila Community Center visitors. The OSRC Grant will provide $1.0M in local grant funding, equivalent to approximately 28% of the total estimated project cost (design development, construction drawings, construction, and project management) of $3.62M at the time of the grant application's submission. Currently, department staff continue to work with the Berger Partnership and its subcontractors to complete project scoping, and estimation to confirm the total project cost before eventual construction. This work will cost approximately $90,000 and lead to completion of construction documents and provision of a final project budget estimate. These materials will be brought before council before the issuance of an RFP for construction contractors, currently planned for release in Fiscal Year 2027. The immediate next phases of work by the Berger Partnership include local, state and federal permit applications, 60% design, construction drawings, bid preparation and contract administration, project management. Preliminary project milestones include: Milestone Target Date 2025 .__ Project Start 8/1 /25 2026 Permit Application 1/15/26 60% Design 4/1 /26_... SEPA/NEPA Completion 1/15/27 2028 2029 427d Ave S Brid • e Demo Start Q2 27 All Bid Docs/Plans Finished 42"d Ave S Bridge Demo Finish 42nd Ave S Bridge Construction Start Construction Started 50%° Construction Completion 90% Construction Completion Construction Com • letion 42"d Ave S Bridge Completion 4/1/27 10/1/28 King County Agreement End Date 3/31/29 Note: The dates above are subject to change The 42"d Ave S Bridge The construction period for this project will intersect with that of the 42nd Ave S Bridge Replacement Project. Parks & Recreation Department staff are working with our project partners as well as coordinating with the Public Works Department to understand necessary sequencing for the bridge project in relation to the riverside campus project. Staff do not anticipate either project interfering with the other physically and/or any other way operationally at this time. Grant Agreement After initial discussion with the city's assigned grant manager, the County has approved an initial contract term of just under three and a half years, allowing adequate time for full project completion if estimated timelines remain accurate. The agreement includes a description of the intended use and purpose of a funded project and the long-term obligations, including provisions should there be a change in use of the area as a park and recreation site. It also contains Terms and Conditions which provides a comprehensive list of the contractual obligations. The remainder of the grant agreement Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 14 Community Services & Safety Committee Page 3 includes other documents, such as eligible scope activities, cultural resource guidelines, and legal descriptions. The grant agreement has been reviewed and approved to form by the City Attorney. FINANCIAL IMPACT There is no match requirement in place for the OSRC program. Multiple capital funding sources have been secured to support the estimated construction costs with no General Fund resources needing to be utilized. These funding sources are identified in the table below. Fund Source Amount Status Kin County Parks Levy Open Space - River Corridors Grant , WA State RCO Water Access Grant King County 206-2031 Parks Levy Earmark Dad ©0 $1,810,000 $1,000,000 $3,810,000 Seeking Approval Executed Secured RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed grant agreement to the December 15th Regular Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed King County Capital Project Grant Agreement (Contract #6492331) B --- Proposed TCC Riverside Campus and Canoe Launch Concept Plan C --- Concept Design Renderings of TCC Riverside Campus Project Phone: 206-433-i800 • Email: Mayor Tukwil WA.gov • Website. TukwilaWA.gov 15 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Lig King County CAPITAL PROJECT GRANT AGREEMENT King County Dept./Division: Natural Resources and Parks / Parks and Recreation Grant Recipient: City of Tukwila Parks and Recreation Project: TCC Riverside Campus Renewal & Canoe Launch Contract #: 6492331 Project#: 1144640 Task #: 1.46 Amount: $1,000,000.00 Effective Agreement End Date: Date: 03/31/2029 THIS AGREEMENT ("Agreement") (CPA# 6492331) is entered into between King County (the "County"), and City of Tukwila Parks and Recreation (the "Grant Recipient") (collectively the "Parties) for a capital and/or restoration project to protect and enhance open space in 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. 16 Page 1 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 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 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 ("Advisory Committee") has recommended an allocation of levy grant funds to specific projects, pursuant to the most recent parks grant ordinance. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: DEFINITIONS Business Days Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding holidays observed by the State of Washington. Calendar Days Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When "days" are not specified, Calendar Days shall prevail. Contractor Includes any and all contractor(s) or consultant(s) hired by the Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. Effective Date The last date upon which the Agreement is signed. Grant Award Funds The amount awarded to the Grant Recipient by King County. Project The term "Project" means the design, development, and construction of the Facility described in Exhibit A — Map of Facility and Schematic. Public Records Include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any Page 2 of 41 King County Parks Capital Project Grant Agreement Last Updated: 08/24 17 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 state or local agency regardless of physical form or characteristics. RCW 42.56. RCW The Revised Code of Washington. Scope of Work (SOW) An Exhibit to the Agreement consisting of a written description of the work to be performed. Subcontractor The individual, association, partnership, firm, company, corporation, or joint venture entering into an agreement with the Grant Recipient to perform any portion of the Work covered by this Agreement. 2. MAP OF FACILITY AND SCHEMATIC This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: • Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA 98168 • Parcel Numbers: 0179003239, 102304HYDR See Exhibit A for a schematic of the Facility and a map of the specific location and boundaries. 3. PROJECT SUMMARY The summary of this Project for the purpose of this Agreement is as follows: Tukwila Parks and Recreation will improve access and interaction opportunities with the Duwamish River for Tukwila and South King County residents by developing an improved riverside campus that includes a canoe launch site, riverside boardwalk, ADA- accessible river overlook tower, and ecological and accessibility improvements to the trail loop located at the Tukwila Community Center (TCC). 4. SCOPE OF WORK Grant Recipient shall provide a scope of work ("Scope of Work"), including a project summary, attached hereto as Exhibit B, which describes the Project in detail and includes a description of the various design, development, permitting, and construction 18 Page 3 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 milestones required for completion of the Project, facility use and programming, and the intended use of the Grant Award Funds to design, develop and construct the Facility. 5. PROJECT BUDGET Prior to execution of this Agreement, the Grant Recipient shall work with King County to develop a Project Budget ("Project Budget"). The final Project Budget agreed upon by the Parties is attached hereto as Exhibit C. 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 B and C. Grant Award Funds provided to the Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. 6. GRANT AWARD FUNDS AND DISBURSEMENT 6.1 Grant Award Funds. Grant Recipient has received a Open Space — River Corridors Grant award in the amount of $1,000,000.00 ("Grant Award Funds") in order to construct, improve or repair the Project. 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 B. Notwithstanding the Effective Date of this Agreement, the County shall reimburse the Grantee for eligible and authorized costs and expenses supported by adequate documentation, as determined by the County, for the work specific in Exhibit B, beginning on 10/06/2025, and concluding on 03/31/2029. 6.2 Pre -Contract Costs. Pre -contract costs are those incurred between 10/06/2025 and the Contract Start Date and are only reimbursable upon request and only after the execution of the contract by the Parties. These costs are allowable for reimbursement to the extent that they are eligible and authorized costs and expenses supported by adequate documentation, as determined by the County, for the work specified in Exhibit B. Direct construction costs are not allowed as pre -contract costs and are only eligible if they occur after the contract start date. 6.3 Separation of Accounts. 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. 6.4 Partial Disbursement. The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to the Grant Recipient, upon execution of this Agreement. Page 4 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 19 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 6.5 Invoicing. The County shall initiate authorization for payment and disbursement of Grant Award Funds in a timely manner after approval of sufficiently detailed Project -related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than forty-five (45) calendar days after a complete and accurate invoice and any other required documentation is received from the Grant Recipient and approved by the County. 6.6 Final Invoice. Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), no later than thirty (30) days after the Contract End Date. If the Grant Recipient's final invoice, supporting documentation, and reports are not submitted by the day specified in this subsection, or if such final documents are not approved by the County, then the County shall have no obligation to pay Grant Recipient unless and until Grant Recipient submits, and the County approves, a properly completed invoice. Grant Recipient must submit a corrected invoice within 30 days after receiving notice of an improper or incomplete invoice. 6.7 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. 7. TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on 03/31/2029 ("Agreement End Date"). This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 8. 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. A one-time, one-year extension to the Contract End Date may be granted without due execution if agreement by both parties is documented in writing, which shall then be incorporated and attached to this Agreement herein. 20 Page 5 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 9. 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 Parks and Recreation Parks Grant Manager David Rosen Community Investments Unit Fiscal Analyst King County Parks City of Tukwila Parks and Recreation 201 S Jackson Street Suite (6500) 12424 42nd Avenue S Seattle, WA 98104 Tukwila, WA, 98168 206-848-0699 206-767-2310 parksgrants Tkingcounty.gov david.rosen@tukwilawa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other person or address in substitution of the foregoing information to which such notice or communication shall be given. 10. GRANT REPORTING 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. 11. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables within Exhibit B, 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 in accordance with Ordinance 19166 and Motion 15378. Pursuant to Section 21, 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 County. Page 6 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 21 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 12. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 12.1 Events. Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 12.2 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. 12.3 King County Parks Notification. Grant Recipient shall notify the King County Parks Project Manager thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates. 12.4 King County Council Notification. If Grant Recipient is a city or town, notification to the King County Council thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates is, required. 12.5 Signage. If 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. 13. CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. The Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by the Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between the Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 22 Page 7 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, the Grant Recipient shall: a) Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; b) Require all warranties be executed, in writing; c) Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. 13.2.1 If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, the Grant Recipient shall correct it promptly. 13.3 Right to Inspect — Construction. King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require the Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. The Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. 13.4 Design. The Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. 13.5 Construction Site and Work Fencing. The Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. The Grant Recipient will ensure the work area is properly barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. The Grant Recipient will Page 8 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 23 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facility Post Construction. After the Facility is completed and accepted by the Grant Recipient and King County as defined herein, the Grant Recipient will not make any material alteration to the Facility without express, written consent by King County. 13.7 Development and Construction Fees and Expenses. The Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, the Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). The Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.9 Construction Contractor Indemnification and Hold Harmless. The Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility, except for injuries and damages caused by the negligence of King County. 13.10 Minimum Scope and Limits of Insurance. The Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements 14. RESTRICTIVE COVENANTS Upon the Effective Date of this Agreement and prior to distribution of grant funds for the construction of the Facility, Grant Recipient shall sign the Restrictive Covenant Agreement, attached hereto as Exhibit E. 15. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project to protect and enhance open space in river corridors through habitat restoration, open space acquisition or 24 Page 9 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding to address the pressures of rapid growth in King County. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and Open Space — River Corridors Grant program requirements specified in Motion 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public 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 Facility 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 Grant Recipient must ensure the Project is available for public use is thirty (30) years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to King County. Grant Recipient's duties under this Section 15 will survive the expiration or earlier termination of this Agreement. 16. INTERNAL CONTROL AND ACCOUNTING SYSTEM The 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. 17. MAINTENANCE OF RECORDS 17.1 The 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 Agreement funds and compliance with this Agreement. 17.2 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. Page 10 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 25 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 17.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed on page one 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) calendar days of any such relocation. 18. RIGHT TO INSPECT The County reserves the right to review and approve the performance of the 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. 19. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Grant Recipient, in cooperation and agreement with the owners of the Premises, 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), Chapter 49.17 RCW; 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. 20. CORRECTIVE ACTION 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. The 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 the Grant Recipient. The County may withhold any payment owed the Grant Recipient until the County is satisfied that corrective action has been taken or completed. 21. TERMINATION 21.1 Termination for Convenience. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this 26 Page 11 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Agreement, by providing the Grant Recipient ten (10) days advance written notice of the termination. 21.2 Termination for Misuse of Funding. If the termination results from acts or omissions of the Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Grant Recipient by the County. 21.3 Termination for Insufficient Funding. Any King County obligations under this Agreement beyond the current appropriation year 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 year. 21.4 Termination for Non -Performance. The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Exhibits B and C, 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 — Grant Award Funds and Disbursement. 22. 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 activity contracted for herein except as expressly set forth in this Agreement. The 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 Project contemplated herein. 23. HOLD HARMLESS AND INDEMNIFICATION The Grant Recipient shall protect, indemnify, and hold 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 the Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. The 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 Page 12 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 27 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 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 subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. The 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 the Grant Recipient's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Grant Recipient's obligations under this Section shall include: 23.1 The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; 23.2 Indemnification of claims made by the Grant Recipient's employees or agents; and 23.3 Waiver of the 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 RC W 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, agents and/or subcontractors 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 subcontractor Agreements entered into by the Grant Recipient in conjunction with this Agreement. 28 Page 13 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 The Grant Recipient's duties under this Section 23 will survive the expiration or earlier termination of this Agreement. 24. CONTRACTOR INDEMNIFICATION AND HOLD HARMLESS Grant Recipient will require its Contractors and any Subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with except for injuries and damages caused by the negligence of King County. 25. 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. 26. 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. 27. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP 27.1 The Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. The Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. The Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. 27.2 The Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. Page 14 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 29 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 27.3 The Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Grant Recipient's duties under this Section 27 shall survive the expiration of this Agreement. 28. CULTURAL RESOURCE PRESERVATION REQUIREMENTS 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 F. 29. 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. 30. 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. 31. TAXES The 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 RC W Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and the 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. 32. DEBARMENT, SUSPENSION OR INELIGIBILITY 30 King County Parks Capital Project Grant Agreement Page 15 of 41 Last Updated: 08/24 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 By accepting the terms of this Agreement, Grant Recipient certifies that the Grant Recipient nor its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal or State department or agency. If the Grant Recipient or its principals become debarred, suspended or ineligible from participating in transactions, Grant Recipient shall notify the County within fifteen (15) calendar days of an event. The Grant Recipient agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" which can be found at www.sam.gov or Department of Enterprise Services Debarment List which can be found at https://des.wa.gov/services/contracting-purchasing/doing-business- state/vendor-debarment. 33. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT This Agreement shall be interpreted in accordance with the laws of the State of Washington. Any claim or suit between the Parties arising out of this Agreement may only be filed and prosecuted in King County Superior Court. 34. PUBLIC RECORDS REQUESTS This Agreement shall be considered a public document and will be available for inspection and copying by the public in accordance with Chapter 42.56 RC W: PUBLIC RECORDS ACT (wa.qov) (the "Act"), or its successor act. 35. INDEPENDENT STATUS OF THE GRANT RECIPIENT In the performance of this Agreement, the Parties will be acting in their individual, corporate or governmental capacities and not as employees, partners, joint ventures or associates of one another. Nothing contained herein will make, or be deemed to make, the County and the 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. 36. 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. 37. ORDER OF PRECEDENCE Page 16 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 31 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or King County Code, the inconsistency shall be resolved by giving precedence in the following order to: 1. Any Amendments to this Agreement; 2. This Agreement, including its Terms and Conditions and the following Exhibits; a. Exhibit A — Map of Facility and Schematic b. Exhibit B — Scope of Work c. Exhibit C — Project Budget d. Exhibit D — Insurance Requirements e. Exhibit E — Draft Restrictive Covenant Agreement f. Exhibit F — Cultural Resource Preservation Requirements 3. If applicable, the Request for Application (as modified by any amendments); and 4. If applicable, Grant Recipients Grant Application. Provided, however, when an agreement term or condition appears in more than one document, the more specific agreement term or condition shall control if the different contract provisions cannot be harmonized. 38. ENTIRE AGREEMENT This Agreement, including any referenced exhibits and attachments, constitutes the entire Agreement between the County and the Grant Recipient and supersedes any and all prior agreements and understanding between them, whether written, oral or otherwise. No other statements or representations, written or oral, shall be deemed a part thereof. 39. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties acknowledge and agree that this document may be executed by electronic signature, which shall be considered as an original signature for all purposes shall have the same force and effect as an original signature. IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the Party for which that individual signs. The Parties hereto have executed this Agreement on the dates set forth below. KING COUNTY City of Tukwila Parks and Recreation 32 Page 17 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Signature Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date Page 18 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 33 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT A — MAP OF FACILITY AND/OR SCHEMATIC Please see the following page. 34 Page 19 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement — index contours - 100 foot City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Tukwila Community Center Site Map E= City Limits contours - 5 toot (below 1000 feet) and 10 Street 1=1 foot Override 1 Addresses (Tukwila) — Parcels 1:4,514 0 0 03 0 05 I 0 0 04 0 08 o 1 mi 0.16 km Page 20 of 41 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT B — SCOPE OF WORK Project Summary Scope of Work Summary: Tukwila Parks and Recreation will improve access and interaction opportunities with the Duwamish River for Tukwila and South King County residents by developing an improved riverside campus that includes a canoe launch site, riverside boardwalk, ADA-accessible river overlook tower, and ecological and accessibility improvements to the trail loop located at the Tukwila Community Center (TCC). Project Location: • Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA 98168 • Parcel Numbers: 0179003239, 102304HYDR Total Amount of this Award: $1,000,000.00 Total Project Cost: $3,620,000.00 36 Page 21 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recmation—TCC Riverside Campus Renewal &Canoe Launch — 6492331 Activity Timeline & Deliverables Phase/Task Deliverables Activity Description Date/Timeline Project Management & Administration Project Management 0^Administration Progress Reports Progress Reports submitted via Grant Portal Quarterly Project Management Plan Submit Project Management Plan November2025 Preliminary Design Preliminary Design Plans Submit 60Y6Design April 2O26 Pre -Construction Requirements Cultural Resource Preservation Requirement Complete Cultural Resource Preservation Requirements in alignment with requirements outlined in the Grant Agreement Due prior hoany ground disturbing orconstruction activities ' projected for November 2025'March 2026 Property Use Requirement Complete a public aooeoa property use agreement (e.g.. Restrictive Covenant) inalignment with requirements outlined in the Grant Agreement Due prior to distribution of grant funds for construction Construction Evidence of Insurance Submit Builder's Risk and any remaining evidence of insurance in alignment with requirements outlined in the Grant Agreement Duo prior to construction and/urgeoteohnioa| activities Implementation Share updates via Progress Reports Apply for Permits January2020 Share updates via Progress Reports GEPA/NEPACnmp|oUun January2027 Final Design Phase Final Design Plans Bid documents and plans finalized /\ph|2027 Implementation Share updates via Progress Reports BidAwanded/Contraotor Hired June2027 Page 2%of 41 King County Parks Capital Project Grant Agreement Last Updated: 08124 37 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Share updates via Progress Reports Notice to Proceed Issued August 2027 Share updates via Progress Reports Groundbreaking. Share 50% and 90% completion milestones via progress report. Notify Grant Manager of any associated events. October 2027 Closeout Share updates via Progress Reports Construction Complete. Notify Grant Manager of any associated events. October 2028 Final Report Complete Final Report upon project completion Due on contract end date The Grantee shall not make any significant changes to an approved project without prior written consent of the County. Significant changes include, but are not limited to, a change to the timeline that falls outside the contract period or a shift of more than twenty percent of funds within the approved grant budget over the term of this Exhibit. If changes are necessary and approved by the County, such changes will be formalized in a written amendment signed by all parties. 38 Page 23 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT C — PROJECT BUDGET Planning Costs $95,000.00 Construction Costs $905,000.00 Personnel Costs $0.00 Indirect Costs $0.00 Total $1,000,000.00 Grant Budget Changes With written approval from the County, the Grantee may reallocate grant funds across budget line items within twenty percent of the total grant budget without requiring an official contract amendment. Indirect costs shall not exceed twenty percent of direct costs. Budget Line Items Descriptions Planning Costs include but are not limited to architecture, engineering, cultural resources, and permitting. Construction Costs include but are not limited to shoreline restoration activities, trail and picnic area improvements, overlook tower, seating feature, and boardwalk installation. Personnel Costs include but are not limited to staff pay and benefits. Indirect Costs include expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or performance of the organization's activities. Page 24 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 39 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT D — INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as otherwise stated in this Exhibit, 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. Each insurance policy shall be written on an "occurrence" basis, except insurance for Pollution Liability, which 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. Within thirty (30) days of contract execution and upon 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 which is to be maintained for the entire term of the Agreement or as otherwise stated in this Exhibit. 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). Certificate Holder: King County Parks, 201 S. Jackson Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may be emailed to: ParksGrants@kingcounty.gov. 40 Page 25 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 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. 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, ongoing operations, products and completed operations, and contractual liability. Limits may be satisfied by a single primary policy 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. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain Automobile Liability insurance with a minimum $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. Limit may be satisfied by a single primary policy 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. 3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees, then Workers Compensation coverage shall be maintained 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. 3.1.4. Employers Liability or "Stop Gap" coverage: If Grant Recipient or its Contractor(s) have employees, then Employers Liability or "Stop Gap" coverage shall be maintained with a minimum limit of $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 limited to Washington, the protection Page 26 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 41 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 provided by the "Stop Gap" endorsement to the commercial general liability policy. 3.1.5. Builder's Risk / Installation Floater Insurance. If construction activities will be funded by the Grant, Grant Recipient or its Contractor(s) shall procure and maintain, prior to and for the duration of the construction phase of the Project, "All Risk" Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form) with ISO form number CP0020 (Causes of Loss — Special Form). The coverage shall insure for direct physical loss to property of the Project for 100% of the replacement value. The policy shall be endorsed to cover the interests, as they may appear, of King County, Grant Recipient, and Contractor(s) of all tiers. In the event of a loss to any or all of the work and/or materials therein and/or to be provided at any time, Grant Recipient or its Contractor(s) shall promptly reconstruct, repair, replace, or restore all work and/or materials so destroyed. Policy shall include a waiver of subrogation in favor of King County. 3.1.6. Pollution Liability: If geotechnical work will take place, Grant Recipient or its Contractor(s) shall provide Pollution Liability coverage with minimum limits of $1,000,000 per occurrence and in the aggregate to cover sudden and non -sudden bodily injury and/or property damage to include the destruction of tangible property, loss of use, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed. 3.1.7. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement, Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a minimum limit equal to the grant amount. Coverage shall include 'Join Loss Payable' ISO form CR 20 15 10/10 or substantive equivalent and `Provide Required Notice of Cancellation to Another Entity' ISO form CR 20 17 10/10. 4. Other Insurance Provisions and Requirements 4.1.AII 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 42 Page 27 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 equivalent. The County requires the endorsement(s) to complete the Agreement. 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 of Grant Recipient's or Contractor(s)'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 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:VII1. 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. Further, if Grant Recipient maintains a self- insurance program or participates in an insurance pool, the additional insured requirement shall not apply to the coverage provided by the self -insured program or insurance pool. 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. Contractor(s) must include the County, its officials, Page 28 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 43 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 agents and employees as additional insured for full coverage and policy limits on its Commercial General Liability insurance and, if applicable, its Automobile Liability insurance. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. 44 Page 29 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT E — DRAFT RESTRICTIVE COVENANT AGREEMENT When recorded return to: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR 6500 Seattle, WA 98104-3855 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Restrictive Covenant 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(S) Exactly as name(s) appear on document 1. City of Tukwila Parks and Recreation , 2. , Additional names on page of document. Grantees) Exactly as name(s) appear on document 1. King County Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Please reference answer provided above for full and abbreviated legal descriptions of both parcels. Thank you! Additional legal is on page EXHIBIT - LEGAL DESCRIPTION of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 1. 0179003239 2. 102304HYDR The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements Page 30 of 41 King County Parks Capital Project Grant Agreement Last Updated: 08/24 45 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 46 Page 31 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 RESTRICTIVE COVENANT AGREEMENT This Parks One Time Capital Project Restrictive Covenant Agreement (the "Covenant Agreement") is effective , and is made and executed by City of Tukwila Parks and Recreation ("Grant Recipient"), and by and in favor of King County (the "County"), a political subdivision of the State of Washington (the "County"). In this Covenant Agreement, Grant Recipient and the County may also be referred to collectively as the "Parties" and individually as "Party." RECITALS A. Grant Recipient is the owner of real property located in King County, State of Washington, legally described in Exhibit A, attached hereto and made part hereof (the "Property"). B. Pursuant to a Parks One Time Grant Agreement, between the County and Grant Recipient, dated , in the amount of $1,000,000.00 (the "Grant Agreement"), Grant Recipient has constructed a facility (the "Facility") on the Property in order to construct, improve or repair the Project. A map of the Property and Facility is attached to and made part of this Covenant Agreement as Exhibit E-1. C. The purpose of this instrument is to ensure that the Property and Facility will be used for the purposes set forth in the Grant Agreement and will be open and available for public use for a minimum of thirty (30) years. COVENANT AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein, the Grant Recipient and the County agree, covenant and declare that the Facility and Property are subject to the following restrictive covenants, which covenants shall run with the land and burden the Property and Facility for the sole benefit of the County, its successors and assigns, and the County land that makes up its public park, recreation, and open space system. All the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Covenant Agreement and to sustain the validity hereof. 1. Covenants Run with the Land. Grant Recipient and the County agree and declare that the covenants and conditions contained herein touch and concern the land and shall bind and the benefits shall inure to, respectively, Grant Recipient and its successors and assigns and all subsequent owners of the Property and Facility, and to the County and its successors and assigns and all Page 32 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 47 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 subsequent owners of the County's benefited property interests, subject to modification thereof as specifically provided below. Each and every contract, deed, or other instrument hereafter executed conveying any portion or interest in the Property and/or the Facility, shall contain an express provision making such conveyance subject to the covenants and conditions of this Covenant Agreement, provided however, that any such contract, deed, or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants and conditions, regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed, or other instrument. 2. Grant Recipient Covenants Public Use of Property and Facility for Thirty Years. Grant Recipient covenants and declares on behalf of itself and all heirs, assigns, and successors in interests into whose ownership the Property and/or Facility might pass that the Property and Facility will be preserved and maintained in accordance with the restrictions and obligations described in this Covenant Agreement for at least thirty (30) years. It is the intent of the Grant Recipient that such covenants shall supersede any prior interests Grant Recipient has in the Property and Facility and shall run with the land for the benefit of the County and the County land that makes up its public park, recreation, and open space system, and be binding on any and all persons who acquire any portion of, or interest in, the Property or Facility. Grant Recipient and the County agree that King County shall have standing to enforce these covenants. 3. Acknowledgement of Grant Funds Used for Construction (or Specify). Grant Recipient acknowledges that the Facility was constructed on the Property for the purpose of protecting and enhancing open space in river corridors through habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding to address the pressures of rapid growth in King County with funding from the King County Parks Levy authorized by Ordinances 18890 and 19166, and Grant Recipient agrees and covenants that the Facility will be used for the parks, recreation, and open space purposes contemplated by Ordinances 18890 and 19166, the Parks Open Space — River Corridors Grant Program requirements specified in Motion 15378, and that the Property and Facility shall not be converted to a different status or use for a period of thirty (30) years unless a full reimbursement of the Open Space — River Corridors Grant award amount is made to King County. 4. Grant Recipient Covenants Use of Property and Facility for Public Use. Grant Recipient covenants and agrees that the neither the Property nor the Facility shall be transferred or conveyed except by a contract, deed, or other instrument expressly making such transfer or conveyance subject to the covenants and conditions of this Covenant Agreement. 5. Grant Recipient Covenants Non -Discriminatory Use of Property and Facility. Grant 48 Page 33 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Recipient covenants that it and any successor in interest will maintain the Property and Facility for public use as required by the Grant Agreement, Ordinances 18890 and 19166, and the program requirements specified in Motion 15378. The Property and Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public 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 Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Grant Recipient covenants that it will not limit or restrict access to and use of the Property and Facility by non -Grant Recipient residents in any way that does not also apply to Grant Recipient residents. Grant Recipient further covenants that any and all user fees charged for the Property and Facility, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non -Grant Recipient residents as for the residents of Grant Recipient. 6. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by County and Grant Recipient and their successors or assigns and shall not be enforceable by any third parties. 7. Remedies. The County, its successors, designees or assigns shall have the following remedies against Grant Recipient, its successors, designees or assigns for violation of this Covenant Agreement: 7.1 Default. If Grant Recipient fails to observe or perform any of the terms, conditions, obligations, restrictions, covenants, representations or warranties of this Covenant Agreement, and if such noncompliance is not corrected as provided herein, then such noncompliance shall be considered an event of default. 7.2 Notice of Default. Before the County pursues a remedy against Grant Recipient for breach of this Covenant Agreement, the County shall provide written notice specifying the default to Grant Recipient. Grant Recipient shall thereafter have a thirty (30) day period to cure such default (or if such default is not capable of cure within thirty (30) days, such additional period as is reasonably necessary for Grant Recipient to complete such cure, provided that Grant Recipient commences cure within such thirty (30) day period and thereafter diligently pursues it to completion). 7.3 County's Remedies Not Exclusive. The County shall be entitled to all remedies in law or in equity against Grant Recipient in the event of a default. 7.4 No Waiver. No delay in enforcing the provisions hereof as to any breach Page 34 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 49 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 or violation shall impair, damage, or waive the right of the County to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 8. Miscellaneous Provisions. 8.1 Agreement to Record. Grant Recipient shall cause this Covenant Agreement to be recorded in the real property records of King County, Washington. Grant Recipient shall pay all fees and charges incurred in connection with such recording and shall provide the County with a copy of the recorded document. 8.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of every provision thereof. 8.3 Notices. Notices, certificates, reports, or other communications shall be deemed delivered on the third day following the date on which the same have been mailed by certified or registered mail, postage pre -paid, return receipt requested, or on the date on which the same have been personally delivered with proof of receipt, at the addresses specified below, or at such other addresses as may be specified in writing by the parties listed below: If to King County: King County Department of Natural Resources & Parks Parks and Recreation Division 201 South Jackson Street Seattle, WA 98104-3855 Attn: Director If to City of Tukwila Parks and Recreation: 12424 42nd Avenue S Tukwila, WA 98168 Attn: 8.1 Severability. If any provision of this Covenant Agreement shall be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 8.2 Amendments. This Covenant Agreement shall be amended only by a written instrument executed by the Parties hereto or their respective 50 Page 35 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 successors in title, and duly recorded in the real property records of King County, Washington. 8.3 Governing Law. This Covenant Agreement shall be governed by the laws of the State of Washington and venue shall be in King County Superior Court. 8.4 Reliance. The County and Grant Recipient hereby recognize and agree that the representations and covenants set forth herein may be relied upon by each other. 8.5 No Conflict with Other Documents. Grant Recipient and the County warrant that they have not executed and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event the requirements of this Covenant Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 8.6 Sale or Transfer of the Facility. Grant Recipient agrees to notify the County within 30 days of any transfer of Grant Recipient's ownership interest in the Property and/or the Facility. 8.7 Captions. The titles and headings of the sections of this Covenant Agreement have been inserted for convenience of reference only and are not to be considered a part hereof. They shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this document or any provision thereof or in ascertaining intent, if any question of intent shall arise. 8.8 No Third -Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Covenant Agreement. IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the Party for which that individual signs. The Parties hereto have executed this Agreement on the dates set forth below. KING COUNTY City of Tukwila Parks and Recreation Page 36 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 51 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Signature Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the GRANT RECIPIENT organization, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 52 Page 37 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 Dated: NOTARY PUBLIC Print Name: My Commission Expires: Page 38 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 53 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-1 — LEGAL DESCRIPTION 1. 0179003239 Abbreviated: ALLENTOWN ADD ALL LOTS 15, 16 & 17 TGW LOT 18 LESS N 100 FT OF WLY 100 FT LESS CO ROAD LY ELY OF 42ND AVE SOUTH Full: Tracts 15, 16, 17, and 18 Allentown Addition to City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100 in King County, Washington, EXCEPT portion of said Tract 18, heretofore conveyed to King County by Deed recorded under Auditor's File No. 2625173, in King County, Washington, for road and highway and EXCEPT that portion of Tract 18 described as follows: Beginning at the NW corner of Tract 18 and the intersection of 42nd Avenue South and South 124th Street; thence East along the South margin line of South 124th Street, 100 feet; thence Southerly 100 feet to a point which is 100 feet East of the East margin line of 42nd Avenue South; thence West 100 feet to the East margin of 42nd Avenue South at a point 100 feet South of the point of beginning; thence North 100 feet to the point of beginning. 2. 102304HYDR I am unable to locate any legal description for this parcel within King County's various GIS systems (Parcel Viewer, iMap, and Watershed Report). It may be that aquatic lands such as this are not assigned legal descriptions. I have reached out to the King County Assessor's Office to confirm, but have yet to hear back as of this report turn -in. 54 Page 39 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-2 - PROPERTY/FACILITY MAP Page 40 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 55 City of Tukwila Parks and Recreation — TCC Riverside Campus Renewal & Canoe Launch — 6492331 Task - 1.46 EXHIBIT F — CULTURAL RESOURCE PRESERVATION REQUIREMENTS Based on the initial cultural resources review, the following recommendation(s) is/are conditions and/or requirements for this Project: CULTURAL RESOURCES. The Grant Recipient will consult with the King County Historic Preservation Program's Archaeologist, Philippe LeTourneau (206-477-4529 or philippe.letourneau@kingcounty.gov), to determine the need for cultural resources investigations prior to ANY ground disturbing activity associated with the project. The Grant Recipient shall be required to comply with any recommendations made by the Archaeologist, which may include a cultural resource study and/or archaeological monitoring of construction conducted by a qualified, County -approved, professional archaeologist at the Grant Recipient's expense. The professional archaeologist selected to complete any needed fieldwork will notify the King County Archaeologist as soon as their fieldwork is scheduled. Any resulting survey or monitoring reports will meet the Washington Department of Archaeology and Historic Preservation's reporting standards. If a report is needed, the professional archaeologist will create a new project in WISAARD (as needed), upload the report, and add the King County Historic Preservation Program (not DNRP or Parks) as an Organization and Phil LeTourneau as an individual (KC HPO affiliations) with Editor access. Reports shall include 1) a USGS topographic map and an aerial photograph showing excavation locations and 2) detailed stratigraphic information for the reviewed area. The King County Archaeologist will also advise on tribal coordination, if required. The selected professional archaeologist shall notify the Affected Indian Tribes of their field schedule so that the Tribes can send staff to observe the field work. The professional archaeologist may contact the King County Historic Preservation Program's Archaeologist with any questions about the scope of work. The Grant Recipient shall make a copy of the provided King County Parks inadvertent discovery plan (IDP) available to the construction contractor prior to the start of ground disturbance. The IDP will be kept on site during all construction. The Grant Recipient shall Cc their King County Parks Grant Manager on all emails with Historic Preservation Program staff. 56 Page 41 of 41 King County Parks Last Updated: 08/24 Capital Project Grant Agreement 57 58 59