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HomeMy WebLinkAboutCOW 2026-06-22 COMPLETE AGENDA PACKETCITY OF TUKWILA City Council Committee of the Whole Meeting Monday, June 22, 2026 at 7:00 p.m. Location: Tukwila City Hall, Council Chambers, 6200 Southcenter Boulevard, Tukwila, WA 98188 Join remotely: 1-253-292-9750, Access Code: 670077847# or click here to join virtually AGENDA 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Hall or remotely via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. Per the Council Rules of Procedure, the total time for public comment should not generally exceed 30 minutes and time may be reduced to 3 minutes if there are more than 6 speakers. To provide comment remotely, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4. SPECIAL ISSUES a. Contract for Lower Green Riverfront Master Plan Pg. 4 b. Contract Amendment #6 for Gilliam Creek Fish Barrier Engineering Services Pg. 52 c. Contract for City Hall Roof and Gutter Replacement Project Pg. 61 5. REPORTS 6. MISCELLANEOUS 7. ADJOURNMENT TO SPECIAL MEETING This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov If you are in need of translation or interpretation services at a Council meeting, please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. City Council Meeting — C.O.W. & Special Page 2 of 2 June 22, 2026 City Council Special Meeting 1. CALL TO ORDER/ ROLL CALL 2. CONSENT AGENDA a. Approval of Minutes: 06/15 Regular Meeting b. Approval of Vouchers 3. NEW BUSINESS <if needed for Consent Agenda Items> 4. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with Mithun for Lower Green Pg. 4 Riverfront Master Plan design in the amount of $380,000.00. b. Authorize the Mayor to execute contract amendment #6 to Contract 24-093 Pg. 52 with Otak for Engineering Services for Gilliam Creek Fish Barrier in the amount of $77,400.00. [Full contract amount $1,710,192.42] c. Authorize the Mayor to sign a contract with Creative Roof Solutions for the Pg. 61 City Hall Roof and Gutter Replacement Project in the amount of $130,000.00. 5. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1)(i) - (10 minutes) No action will follow in the open meeting. 6. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov If you are in need of translation or interpretation services at a Council meeting, please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. Per the Council Rules of Procedure the total time for public comments should not generally exceed 30 minutes and time may be reduced to 3 minutes each if there are more than 6 speakers. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting; members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.A. Agenda Item Sponsor Legislative History Contract Award to Mithun for the Lower Green Riverfront Master Plan Sherry Edquid, Levee and Floodplains Project Manager Public Works Department June 22, 2026 Committee of the Whole June 22, 2026 Special Meeting Recommended Motion ❑ Discussion Only © Action Requested MOVE TO authorize the Mayor to execute a contract with Mithun for the Lower Green Riverfront Master Plan in the amount of $380,000.00. EXECUTIVE SUMMARY The Public Works Department requests Council authorization for the Mayor to execute a professional services contract with Mithun in the amount of $380,000.00 for the Lower Green Riverfront Master Plan. DISCUSSION The Lower Green Riverfront Master Plan is identified as a Capital Improvement Program (CIP) project and is also included in the City's Surface Water Comprehensive Plan. The project received grant funding in the amount of $325,000 from the Washington State Department of Ecology, which prioritizes flood risk reduction through a multi -benefit approach that integrates ecological and habitat restoration, public access improvements, stormwater management, and community connectivity within the Green River corridor. The project area includes portions of Tukwila along both sides of the Green River, as well as properties protected by the existing levee system within the Tukwila Urban Center, generally extending from Interstate 405 to the City's southern limits. This multi -benefit planning effort will engage City departments and the broader community to help guide future flood protection facility priorities through a holistic and integrated approach addressing ecological and habitat restoration, public access, stormwater management, development opportunities, public art, and community connectivity within a highly constrained urban river corridor. The plan is intended to help ensure that future flood protection facilities are thoughtfully integrated into the surrounding urban environment and adjacent properties. A Request for Qualifications (RFQ) was advertised on April 1 and April 8, 2026, in the Seattle Times and the Daily Journal of Commerce. Eleven firms submitted Statements of Qualifications. Following an initial evaluation, four firms were shortlisted and invited to participate in interviews. Firms were evaluated based on the RFQ criteria, including relevant experience, project understanding, integrated project approach, key personnel, and overall team capacity. Mithun was ranked highest following the interview process. Their submittal demonstrated strong alignment with the RFQ requirements and presented a clear, thoughtful, and integrated approach to the Lower Green Riverfront Master Plan. Following consultant selection, staff negotiated a not -to -exceed contract amount consistent with RCW 39.80 and the City's Purchasing and Contracting Policy. 4 FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by the City Attorney M Expenditure - Budgeted ❑ Expenditure - Unbudgeted El Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. asset sale, surplus equipment) ❑ Revenue - Ongoing Expenditures: Fund Source: $380,000 $233,750 (Ecology FCAAP Grant) $146,250 (Surface Water Enterprise Fund) Contractor (if applicable) Mithun Scope of Work See scope and fee exhibits Amount $380,000 Duration Twelve months; grants expire on June 30, 2027 Additional Comments: is being fast tracked due to grant funding expiring on June 30, for community and city department engagement to shape the overall This agenda item for contract award 2027, and to allow sufficient time plan. ATTACHMENTS Draft Contract with Mithun Scope and Fee FCAAP Grant Agreement Capital Project Summary (2025-2030) - Lower Green Riverfront Master Plan 5 City of Tukwila Standard Contract PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Mithun, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Planning and Engineering services in connection with the project titled Lower Green Riverfront Master Plan. 2. Scope of Services, The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. The standard of care for Consultant's services shall be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. 3. Duration of Agreement: Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2027 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2027 unless an extension of such time is granted in writing by the City. 4. Payment, The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $380,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant within 30 days of receipt of Consultant's voucher in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 6 5. Ownership and Use of Documents. To the extent payment has been received, all documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement, or without the involvement of Consultant on this Project. Notwithstanding the above, Consultant shall retain ownership of all standard details, drawings, and specifications not specifically created for this Project, but the City shall have the right to use them to the extent that they are utilized or incorporated in the instruments of service. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its representatives, consultants, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than 3. $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the 7 Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 5. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish redacted copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Jndependent Contractor, The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or 8 violation of this warranty, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination, A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law: Venue: Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila then in effect at the time of the rendition of the services. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its reasonable attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 9 18. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of June, 2026. ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: Mithun By: Printed Name: Title: 10 June 12, 2026 Ms. Sherry Edquid Levee and Floodplains Project Manager City of Tukwila - Public Works Tukwila, WA Re: Lower Green Riverfront Master Plan: Draft Scope of Work Mithun Project No. 2625800 Dear Sherry, Thank you for meeting with us to advance the Lower Green Riverfront Master Plan scope, schedule, and budget. This revised draft clarifies what the Mithun team will do, where the work will focus, when decisions and deliverables are due, and how the work will be reviewed so the plan can be finalized in early May 2027 and positioned for Planning Commission and Council adoption by June 2027. The scope follows the work plan structure in Mithun's RFQ submittal, integrates the Washington State Department of Ecology FCAAP grant requirements, and incorporates your follow-up comments regarding adding local artist -in -residence, Sarah Kavage, and review of the Lower Green River Corridor Visioning report. It assumes scope and contract confirmation will be completed in June 2026, with kickoff in mid/late July 2026. We have assumed the Park Commission will serve as the Commission Advisory Group (formerly resident learning sessions). Sincerely, Sandra Girgis Senior Associate, and Project Manager Enclosure: Draft Scope of Work; Schedule cc: Deb Guenther, Partner in Charge, Mithun M1THUN Seattle Pier 56 1201 Alaskan Way #200 Seattle, WA 98101 San Francisco 585 Howard Street #300 San Francisca, CA 94105 Los Angeles 758 New High Street #1008 Los Angeles, CA 90012 mithun.cam 11 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 Geography The study area spans the Green River corridor through Tukwila from 1-405 to the southern Tukwila city limits, consistent with the Ecology grant description of Lower Green River levee and shoreline projects from S. 204th Street to 1-405. The client is the City of Tukwila Public Works Department. The Master Plan will address the river corridor, levee and shoreline edges, adjoining properties, public access, parks, transportation connections, and priority opportunity segments where multi -benefit implementation may be feasible. • PENTON TUKWILA TRAM STATpN REGIONAL TRAIL I` , ti i� '�OWERGREE4.. rL� RIVERFRONT -.; • ry !. MASTER PLAlf""U dm ♦ '' ] _ :— 1 I_� 1.6 4 7.7".: 4 • , I RONO • RMK III SEATAC '0 NRN KENT Study area context map. Background The City of Tukwila is advancing the Lower Green Riverfront Master Plan to establish a long-term, implementable vision for the Green River corridor between 1-405 and the southern city limits. The corridor is made up of complex intersections of flood risk management infrastructure, ecological systems, transportation networks, and adjacent urban development. Existing levee systems and floodplain conditions present both constraints and opportunities for future riverfront investment, requiring a coordinated approach that integrates flood risk reduction, habitat enhancement, public access and community priorities. 12 mithun.com Lower Green Riverfront Master Plon - Draft Scope of Work Nlithun Project No. 2625800 Overview June 12, 2026 Timing Phase Purpose May/June 2026 Mobilization / scope confirmation Mid/Late July Kickoff 2026 Jul 2026 - Apr Task 2: Public Engagement 2027 and Agency Alignment Jul - Oct 2026 Task 3: Analysis, Synthesis and Future Development Considerations Oct 2026 - Feb Task 4: Vision and Concept 2027 Development Jan - Mar 2027 Task 5: Funding and Implementation Strategy Finalize scope, fee, schedule, review protocol, SharePoint/file-transfer approach, and contract assumptions. Project kickoff and Interdepartmental Workshop #1 with key City departments and decision makers. Public engagement plan, commission advisory group sessions with Park Commission, online engagement, agency/stakeholder coordination, Tribal coordination support, one art -based making session and conversation, outreach documentation and storymop. Desktop analysis, prior plan synthesis, technical baseline assumptions, zoning/economic baseline assumptions, and priority geography selection. Vision, principles, programming -to -place exercises, alternatives, segment studies, visualizations, and preferred direction. Funding, governance, acquisition/easement screening, priority projects, phasing, and implementation framework. Mar - Jun 2027 Task 6: Draft/Final Master Draft Master Plan in April, one City/Ecology review, Plan and Adoption Support Final Master Plan by May, Planning Commission and Council support by May/June. 13 mithun.com Lower Green Riverfront Master Plon - Draft Scope of Work Mithun Project No. 2625800 Team roles June 12, 2026 Firm / group Role Responsibilities Mithun Community Engagement Partnerships HDR ECOnorthwest Sarah Kavage City of Tukwila Ecology, KCFCD, Tribes, residents, implementers. businesses and properly stakeholders Prime consultant; project management; master planning; urban design; landscape architecture; architecture; public engagement lead; visual storytelling; plan production. Levee/flood-risk, ha bitat- adaptation, stormwater, cultural resources, environmental permitting, GISfStoryMap, and technical feasibility lead. Economics, real estate/acquisition screening, funding, governance, phasing and implementation advisor. Artist -in -Residence Project owner and decision maker. Reviewers, partners and Manage scope, fee, schedule, meetings, QA/QC, and subconsultants. Lead engagement strategy, resident shared learning curriculum, vision, urban design, segment studies, public realm, trails, access, zoning/design integration, plan graphics, and Planning Commission/Council materials. Park commission will be the advisory group. Other engagement will occur through the City including Community Navigators, tabling at community events such as Salmon Saturday, Civics 101 group, and art making conversation. Ground the plan in levee performance, floodplain behavior, regulatory thresholds, levee certification, habitat opportunity, stormwater, cultural resources, constructabi[ity, and future permitting risk. Provide technical QA for concepts and project cut sheets. Provide strategic light -touch implementation advisory: up to tour stakeholder/client interviews, acquisition/easement screening criteria, funding/grant- readiness scan for priority sites, governance options, and memo/slides for integration into the Master Plan. Plan and lead one participatory outdoor art build with living willow along the Green River in the project area as part of community engagement. Includes administration/planning, willow harvest, public art build sessions with structured conversations, and wrap- up/reporting. Approve scope, schedule, deliverables, and decisions. Lead grant administration/EAGL, public notice, adoption path, Tribal coordination protocols, and one consolidated comment log per deliverable. Provide technical, policy, funding, and implementation input. Ecology reviews outreach materials before distribution as applicable and reviews the Draft Master Plan. 14 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 Scope of Work Task 1 Project Start -Up, Management and Work Plan Confirmation Key tasks • Finalize consultant scope, fee, contingency reserve, schedule, meeting cadence and review protocol by the end of May 2026 for contract execution. • Set up a project SharePoint site or equivalent secure file -transfer folder for City uploads, subject to City/Mithun IT and security requirements. If a Mithun-hosted SharePoint is not feasible, Mithun will coordinate with the City on an approved City -hosted alternative. • Confirm the City decision path, including interdepartmental decision makers, Planning Commission public hearing/recommendation, City Council adoption path, and Ecology closeout requirements. • Confirm Ecology review points, EAGL deliverables, grant -eligible expense rules, outreach - material review requirements, and light -refreshment approval process. • Prepare data requests for prior plans, GIS layers, parcel/ownership data, zoning, parks, transportation, flood/levee information, capital projects, and the Lower Green River Corridor Visioning report. • Hold Interdepartmental Workshop #1 at kickoff to confirm shared opportunities, constraints, project goals, decision points, and cross -departmental roles. In person, with a virtual option. • Conduct up to 20 half-hour project manager check -in meetings and up to four budget/schedule health checks. Deliverables • Final workplan, fee, schedule • Data Request including previous relevant plans, and GIS layers including open -source layers • Up to one site visit by vehicle (organized by City) up to 2 hours, using City vehicle/trail access where feasible • Stakeholder, agency, department, Tribal coordination support, and engagement contact list. • Up to 4 budget/schedule health check notes • Up to 1 introductory City Council meeting presentation early in the process • Up to 3 Interdepartmental meetings (up to 2 hours) with agendas and summaries in Word; • Up to 20-half hour project manager check -In meetings Task 2 Public Engagement and Alignment with Departments and Agencies Key tasks • Develop a public engagement plan, message framework, accessibility/language approach, and review protocol for all outreach materials. 15 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 • Create a facilitation guide to be used by community connectors, high school teachers, artist -in - residence that provides advocacy based materials and resident shared learning curriculum focused on river history, flood risk, habitat, public access, cultural use, and the programming -to - place question: "What experiences do people want to have along the river and where do they best fit?" "How do people want to get to know the river as a part of the culture of Tukwila?" • Coordinate with the City to use the existing Park Commission as the primary resident shared learning forum and, as directed. • Work with City community connectors and the Park Commission meeting schedule to support up to four commission advisory group; each session will include a short learning component, a mapping/programming exercise, and discussion questions tied to vision, segment studies, or preferred plan refinement. • Up to 2 community events such as the existing civics -group, or Vietnamese Church New Years celebration • Support City -led Tribal coordination by preparing meeting materials, maps, and technical/design context; City leads government -to -government protocols and invitations. • Document stakeholder, resident, business/property owner, department, agency and Tribal input and track how input changes the plan. • Develop storymap that can be used externally to share context and engagement with project and internally to document and information exchange regarding projects. • One art -making based conversation, in fall 2026 or spring 2027 Led by Sarah Kavage. Deliverables • Public Engagement Plan • Project message framework, tagline/slogan, flyer template, email/banner, and QR code/online feedback link • Facilitation guide • Up to four commission advisory group sessions with agendas, materials and notes up to 2 hours • ArcGIS online Story Map both for internal and external purposes • One art -making based community event • Up to 2 community events for targeted engagement • Tribal coordination support materials. • Engagement summary in word Task 3 Analysis, Synthesis and Future Development Considerations Key tasks • Complete a searchable literature review and synthesis of plans, studies, capital plans and regulatory context relevant to this project (in the last 10 years), including the Lower Green River Corridor Visioning report, and prepare a brief memo summarizing key takeaways for consideration in the Master Plan. 16 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 • Prepare the grant -required desktop analysis of existing levees, watercourses, adjacent properties, critical areas and existing / planned transportation features for inclusion in the Draft Master Plan. • Document existing and planned (where applicable) conditions, including property ownership, public access to the river, parks, trail connections, utilities, shoreline conditions, zoning districts and allowable development type and intensity, street types, transit, redevelopment constraints, and capital projects. • ECOnorthwest will provide input on baseline market conditions, funding context and feasibility constraints. • Identify spatial opportunities and constraints to inform potential levee typologies. This includes constrained areas where levee enhancement would be most challenging, places where acquisitions or easements could be valuable, and opportunity areas with potential to provide multiple benefits. • HDR will identify levee typologies, flood -risk considerations, habitat -adaptation opportunities, fish/habitat enhancement opportunities, stormwater/cultural-resource flags and technical dependencies. • Develop an opportunities/constraints synthesis and gather precedents for levee typologies for discussion with departments and agencies. • Hold Interdepartmental Workshop #2 to review opportunities and constraints, discuss precedents, inform acquisition or easement criteria, and select up to 4 priority sites for further study. • Conduct Commission advisory group #1: current river use, desired future activities, barriers to river access, and discuss existing and future cultural relationships to the river. • Up to one meeting is included with King County, the King County Flood Control District, and WRIA stakeholders. Suggest grouping these stakeholders into a single workshop meeting if that works for the City and the partner agencies. Deliverables • Opportunities and Constraints presentation that summarizes desktop analysis and a brief prior - plan synthesis memo • Provide summary write-up of background material, focused on high level takeaways on baseline market conditions, funding context, and feasibility constraints. • Mithun and ECOnorthwest to co -facilitate a local business focus group (1 hour) to share the findings and risks; Eco will facilitate the discussion and questions needed to address concerns early on._ • List of city department and community priorities for programming and amenities • HDR technical constraints/opportunities memo. • Up to 4 priority sites to study • 1 workshop with Flood control/King County/WRIA Stakeholders 17 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 Task 4 Vision, Programming -to -Place and Concept Development Key tasks • Develop draft vision, principles and community priorities from technical findings, stakeholder input and public engagement for discussion in commission advisory group. • Create a Programming Matrix and Map linking feedback on desired programmatic activities with specific sites along the Lower Green River. This matrix will answer questions such as: What experiences do people want to have here? Who is it for? What existing and future cultural/community activities should the riverfront support? How do people want to get to know the river as part of the culture of Tukwila? Where does each activity fit best? What technical, access, land use or maintenance conditions must be true for it to work? • Conduct Commission advisory group #2 to review vision/principles and identify what resonates, what is missing, and what cultural/programming needs should shape the plan. • ECOnorthwest will develop real estate/acquisition screening criteria to inform strategies regarding future development and property disposition. • Create corridor segment typologies and levee alignment concept alternatives that integrate flood protection, levee adaptation, habitat, trails, parks, public access, art, wayfinding, lighting, water access and adjoining property opportunities. • Prepare priority site studies focused on integrated site design and development opportunities at up to 4 priority sites. Priority site studies will be feasibility level of design and will not constitute design or engineering design, survey, hydraulic modeling or permitting documents. Each site study will include concept image, a conceptual site plan with circulation, open space, and building locations, and a land use summary. • Prepare an aerial district view, one urban design framework diagram, and up to six illustrative perspectives or vignettes. Visualizations will be used to support decision -making and engagement, not to imply final design / engineering proposals or commitments. • Screen concepts for permitting, constructability, real estate, zoning, economic viability and document potential implementation risks with HDR and ECOnorthwest. • Hold Interdepartmental Workshop #3 to discuss alternative strategies to achieve vision and redevelopment approaches • Conduct Commission advisory group #3 to review alternatives and segment concepts and identify what resonates, what is missing, and what may encourage greater community use. • Develop a preferred direction by January/February 2027 to support implementation strategy and plan production. • Up to one meeting is included with King County, the King County Flood Control District, and WRIA stakeholders. Suggest grouping these stakeholders into a single workshop meeting if that works for the City and the partner agencies. 18 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 Deliverables • Provide draft and final evaluation criteria for opportunity site acquisition options • Technical review comments on alternatives and concepts by HDR • One aerial district view. • One urban design framework map. • Up to four perspectives/vignettes. • Up to four priority site studies with conceptual site plan, land use and development summary, and feasibility score developed by ECONorthwest • Public engagement summary for alternatives/preferred direction. • 1 workshop with Flood control/King County/WRIA Stakeholders Task 5 Funding and Implementation Strategy Key tasks • Conduct Commission advisory group #4 to review the preferred plan and ask: What would bring you here? What would discourage you from coming here? What is high priority from your perspective? • ECOnorthwest will conduct up to four strategic stakeholder/client interviews, participate in up to three advisory meetings, and prepare strategic light -touch advice on acquisition/easement screening, priority site value, funding/grant-readiness and governance approaches. Interview targets may include affected businesses, property stakeholders, and implementation partners along the river corridor. • Develop screening criteria to help explain why some sites, adjoining -property investments, easements or acquisition opportunities may be higher value for flood protection, habitat, public access, cultural programming, funding competitiveness and implementation readiness. • Identify potential grant categories and funding pathways for priority sites and project types, including flood -risk reduction, habitat/salmon recovery, parks/trails/public access, climate resilience, private investments, lodging taxes, environmental justice and funding to support interagency collaboration. • Develop governance and implementation strategies for priority projects and long-term coordination among City departments, Ecology, KCFCD, parks, agencies, Tribes, property owners and implementation partners. • Explore preliminary concepts and cost estimates for up to three priority projects to be determined, with priority projects selected through the planning process and, where appropriate, aligned with current KCFCD CIP projects and levee segments. • HDR will confirm planning -level technical assumptions and identify future modeling, survey, geotechnical, design, permitting, environmental review and cultural -resource steps needed for implementation. • Mithun will integrate implementation strategy into the Master Plan narrative, priority project list, segment studies and adoption materials. 19 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 Deliverables • ECOnorthwest Implementation and acquisition advisory memo. Providing a high-level assessment of real estate market conditions and high-level funding and implementation strategies for three projects. • 4 stakeholder interviews and summaries conducted by EcoNW • 4 meetings with EcoNW, City staff and Mithun • 1 additional site visit for HDR up to 3 hours, 1 staff • Planning level Cost estimate for up to three priority projects (Class 5 per AACE)by HDR Task 6 Draft Master Plan, Final Master Plan and Adoption Support Key tasks • Assemble the Draft Master Plan with required desktop analysis results, engagement documentation, concepts, implementation strategy, priority investments, costs, priorities and timelines. • Submit Draft Master Plan to City and Ecology for one consolidated review cycle. • Incorporate comments once and prepare Final Master Plan • Prepare Planning Commission and Council presentation materials and adoption support materials. • Support one Planning Commission work session/briefing and one Planning Commission public hearing/recommendation, as directed by the City. • Support one Council committee/adoption presentation package, as directed by the City. • Support EAGL deliverables, including final digital educational products, meeting agendas/attendance logs and closeout materials. Deliverables • Draft Master Plan, • Final Master Plan. • Planning Commission / Council presentation deck and staff -support graphics. • Final digital outreach closeout support package for EAGL 20 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 June 12, 2026 Assumptions • One consolidated City review cycle per deliverable. City coordinates department, Ecology and stakeholder input and returns one reconciled comment log. • Standard review window: 5 business days for memos, engagement materials and interim packages; 10 business days for Draft Master Plan review. • Final Plan review is limited to confirmation that consolidated comments were addressed. • Additional review cycles, additional public meetings, new alternatives, additional project cut sheets, expanded cost estimating or deeper technical/economic testing draw from contingency or require amendment. Contingency reserve is intended solely for unforeseen conditions or City -authorized scope changes and shall not be utilized without prior written approval from the City. • Ecology review of education/outreach materials is built into the schedule before distribution as required by the grant agreement. • City will lead translation of materials for main languages relevant to the project area. • City will lead Tribal coordination protocols and invitations; the consultant team will support with materials, maps, issue tracking and integration of input. • City will lead and send mailed notices, unless separately authorized. • City will print materials, except for the $1,000 printing allowance identified in the budget. • City will upload each meeting attendance log and meeting agenda in EAGL and notify the Ecology Project Manager. • City will request written approval from Ecology before light -refreshment reimbursement is sought for public meetings. • The consultant team will create digital files and materials suitable for City/Ecology review, but the City is responsible for final public notice, hearing logistics and legislative procedures. Exclusions / contingency triggers • New hydraulic modeling, topographic survey or geotechnical investigation. The consultant team will request and review available existing modeling from the City, King County, HDR, NHC or other sources as part of the data request; new modeling is excluded. Updated hydraulic modeling results from NHC, if available during the planning process, may be reviewed and incorporated into the work. • 30% engineering design, construction documents or permit applications. • Formal SEPA documentation, detailed property appraisals, title review, acquisition negotiations or legal services. • Code amendment drafting beyond zoning/policy recommendations. • Detailed benefit -cost analysis or grant writing. • More than four commission advisory group sessions, two community events, one Planning Commission hearing/support meeting and one Council committee/adoption support package, unless substituted or authorized through contingency. • More than four segment framework diagrams or four perspectives/vignettes unless authorized through contingency. 21 mithun.com Lower Green Riverfront Master Plon - Draft Scope of Work Nlithun Project No. 2625800 Engagement assumptions June 12, 2026 Activi Timin • Pur•ase / audience Engagement plan, message framework and review protocol Project look and feel Commission advisory group Tribal coordination support Up to 2 community events Jul/Aug 2026 Jul /Aug 2026 Sep 2026-Mar 2027 Jui 2026-Apr 2027 Fall 2026 Winter 2027 Engagement documentation Nov 2026-May and comment integration 2027 Mithun defines audiences, materials, languages, accessibility, review path and how input informs decisions. Mithun prepares tagline/slogan, flyer template, web/email banner and visual identity for engagement materials. Mithun leads up to four sessions through the existing Park Commission. City leads protocols/invitations; consultant team supports maps, materials, issue tracking and integration. Share alternatives and programming -to -place findings; gather comments without a large open house, supported by a QR code or online feedback pathway. Summaries, attendance logs, comment matrix and response -to -input documentation. 22 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 Budget Table 1 - Budget Summary June 12, 2026 Table 1 — Budget Summary firm / Category Reconciliation / Est. Labor Hours Labor Amount Direct Expenses Markup / Reserve Base Scope Contingency Total Total Reserve Authorization Mithun HER ECOnorthwest Sarah Kavoge Printing Direct Expenses Stipends and Food 1078.5 314.5 144.0 120.0 0.0 0.0 $211,175.20 $74,213.86 $29,930.00 $11,520.00 $211,175.20 $1,904.15 $7,611.80 $83,729.80 $2,993.00 $32,923.00 $1.152.00 $12,672,00 $1,000.00 - $1,000.00 $1,500.00 $1,500.00 $7,000.00 $7,000.00 $211,175.20 $83,729.80 $32, 923.00 $12, 672.00 $1,000.00 $1,500.00 $7,000.00 Base Scope Subtotal Contingency Reserve 1657.0 $326,839.06 $11,404.15 0.0 $11,756.80 $350,000.00 $350,000.00 $30,000.00 $30,000.00 Grand Total Authorization 1657.0 $326.839.06 $11,404,15 $11,756.80 $350.000.00 $30,000,00 $380.000.01 Contingency reserve is solely for unforeseen conditions or scope changes and requires prior written City approval. *assumes City will lead the procurement of translation services for the relevant languages for the study area. Mithun team to provide the text and content to be translated. Materials may be printed on 11x17. See Table 3 for detailed staff, rate, hour, markup, direct expense, stipend, and contingency budget information. 23 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 Table 2- Task/Firm Summary June 12, 2026 Table 2—Tosk.. Firm Summary Task 9 Task i Phase Mlthun NPR Incl. 10% ECOnadhwest Markup Incl. 10% Markup Sarah Kovage Incl. 10% Printing Markup Direct Stipends ! Base Scope idol Contingency Total Expenses Food Reserve Aulhorixo0on Project 5tat-Up. Management and work Plan Confimruflon 2 Public Engagement and Alignment with Deportment& and Agencies 3 Analysis, Synthesis and Future $17,100.00 Development Considerations 4 vision. Programming -to -Place and $92.400.00 Concept Development 5 Funding and Implementation Strategy $3.350.00 $41,425.20 $35.500 00 6 Draft Master Pion, nnal Master Pion $21.400.00 and AdoplIon Support $12,542-20 $1.5,40.00 $18,999 20 $23,800.70 $7,194.00 $10,638.10 $11,121.00 113.060.30 $11.220.00 $4,689-30 $1.848-00 51,188.00 12.376-00 - - 557,883.40 59,10800 51000-00 3157002 57,060.00 $73,107.20 $48,094.70 $114,159.10 $27.430.30 $29,125.30 $57,883.40 $73.10720 $48,094.70 $114,159.10 $27,630.30 129,125.30 Subtotal Bose scope subtotal Cont. Contingency reserve $211,175.20 $83,729.80 $32,923.00 $12,672.00 $1,000.00 51,500.00 $7,000.00 $350,000.00 $350,000.00 430,000.00 530,000.00 Total Total authorization $211,175.20 533.729,80 $32.923.00 512.672.00 $1,000.00 51,500.00 57,000.00 $350,000.00 $30,000.00 $380,000.00 Contingency reserve is solely tar unforeseen conditions or scope changes and requires prior written City approval. 24 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 Table 3 - combined consultant fee table June 12, 2026 Iola 3 -Corn.. Consr4Md foe To. 0.0 sion.upl 1os42: rein 2wne1yX9 Toek6', Y61m/ leak S'T1141291 re 6. arm Jrinei IMn/Colcpty liner Type 1Melleb«ColepwY Noody Role Engagers., Concept Oeo Ireplemen.lon Told Moors Mpml Xaura n0e0 SynlNeafs Xax4 1.1.11 Xeun Plan Xwrs labor 1.1 Fsrrnus AWrkaPl Nerervel TotalRmounl 161,11. h4lhun. hu1hun Mlttun M61pn R43nun lobar Lab01 LSGar Lobar Lobar P1r10ar jr CEaro. I120GC 930ec13110000, 1004e0an0 Enpogement lead 115s101o1.00M1e11an L Sholepy Loud ureen beag�n Mos. Demon Lobar Lmdscooe Prahl ar &La n On We, Rec0nci0110n Rounding I Fee recondite. to remaining pslrtw Cudgel ITC5.00 3200.06 3200.130 321093 $170.120 $160.0) 22.0 90.0 10.0 4.0 0.6 10.0 0.0 200 60 :50A 2.0 76.0 240 45A 0.0 144 22A 130.0 15.0 10 16.0 86.0 0.0 40A 0A 10.0 0.0 100.0 80.0 118.5 0.0 0.0 0,0 00 0.0 I0.0 04A 12.0 10.0 424 0.0 900 VIA 1ud9 1200 50A 342.5 0.0 327.450.00 354.200,100 341.00000 325.20000 58.600.OD 354.0600 625.20 227.450.00 054.200.00 041.003.00 125,203.a0 $6,330.00 351500.00 325.74 RYMd1e0b1d 1011 121 131.0 204.0 1312 111,1 11'0 1020 1014.1 2211.11429 L111.11120 NOR Lobar P1oje216vno012 $20_I] NOR lobar Project nccounronl $13161 NOR Lobar le9d Cm1 Edirnotw 3236.37 NOR Ld>ar 52. G0 AnoLs1 3175.84 MR 105550r C66r[60 314605 NOR labor 12 Water Resources Engineer 424.596 10R Labor 02 Geolecnrc7l Engire1r $95336 NOR Lobar En $134_72 NOR lobar Refeclf dln2l0 3121.70 KW I020r 1.0061004 EJl.r 319072 NOR ..or Lead 01nlral Posoor 01 $281.11 NOR Iflbar lead Perm*rp $20.016 NOR 0.410608n. Ex01m'en ord oltor Cbecl cods NOR NAY. 10E r0662.65312 NCR 3e6.11111 Mlol N0112bM10 1ubbla1 EGOno.aosl Lobar Sr Protect 0larlor 3310f0 ECGn7d11we2 Labor Project Oreom $200143 ECOn2Mrrest Lobar Sr Project roan,. $195A0 E0095011511 1.01 M500i210 3145A0 EC0602T06,12 6¢c,6019500 E22r2cau11160n12c52re- rerluesled 620,000 Pose EOOnoMrvred 6b6uP 1001M730 on EGC0.186.0 330.0010 bate C Cr 5.00. k81e1111 5.5401 5op1-100pge Lobar /,Eden-106den0s 3132.00 50r0n 6.0.12e 1*091 M901061514297911 010011 25811251 337.60 6ry equivalent 54rx1 Racog9 1.109112 1036 r11.61p 0115q-ph 602921 locos rcopo lvdr Wow, 5,11.15.1 101ld55 ciec l Mowurce Died Eon.. Plolingl prod.. 1212C2 Expense Mod Expense 11)991 glo.ra.10e 0I001FxpM0i C0YX00119S14GMISd1d 1000 920 BA .0 100 410 20 242 3.23,00114 I20 OA 00 00 00 00 100 62,11692 C0 G0 00 00 10.0 OD 100 32.51320 0.0 0.0 0,0 20 0.0 0.0 10.0 01.75640 0.0 400 4.0 60 0.0 0.0 525 51.66763 7 0 60 140 90 40 60 1.0 31111650 00 60 100 60 . 410 300 39.19202 0.0 DO 00 00 16.0 0.0 1. 02.155.52 5.0 0.0 0,0 OA 0.0 0.0 5.0 5365.10 0.0 0A 3A 00 0.0 0.0 4.0 in2,16 00 ILO 160 20 20 20 250 50.14440 00 60 100 20 50 20 2i21 363032 C.0 00 00 00 00 60 GO C.0 0.0 0,0 OA 0.0 0.0 6.0 $1,904-15 12iO3)l5 az11692 $ 2-303.20 ; 1.153.40 $1,66263 111 31503 69,392 32 3018552 33G5.10 S j16 36Sm46 5404132 31.901.15 626I1.90 37.611.2 44.0 14A 10.6 91.0 61,0 IIA 914.6 8011.219.11,1 51.904,16 51.611,80 51019100 20 60 62 60 80 20 2E0 $2. 0.00 - $0,60100 00 0A TA 10 10 IA 0 0 12.268.00 - $2,211 Oa 4.0 OA 110 20.0 27.0 J.0 6,0 513.065.00 - 615125.00 OD 0.0 64 18.0 154 0.0 41.0 55.94500 359450) O .0 0.0 0.0 0.0 0.0 0.0 04 - - - 00 On 0.0 60 00 00 on - 69,991.00 92,991.00 6A 041 502 50.0 51A IA 144.0 519.950.00 - 5191210 1.1.112.1.051 15.0 464 00 0.0 00 8.0 J. 09.72000 09.720.00 OD 49.0 2A OA 0.0 0.0 40.0 51.10000 -51.B0.00 0.0 04 00 OA 0A 00 0.0 - $1,142A0 $1,152A0 1. RA 12 OA PA 10 110A 511S20210 11,155.31 51021100 0.0 0.0 CA 0.0 0.0 0.0 0.0 31.0.00 31,020.00 3100100 31.503A0 0.0 00 DO 0.0 0, 0.0 3)A00.03 00.0..00 Moor PRo.ia.rra Mel Sumo. suet box Scope Subl. 3.1.1 ConlIn5ency Reserve Pose. Odcroseen c2nd1lnnr/4c2pe sMrrpes only O .0 4.34.11 0.0 250.5 506.5 0.0 00 0.0 0.0 • 59,500.00 59500.00 119.0 133.0 1651.0 5326.839.05 611,404.15 511.756.80 5359.000.00 0.0 00 0.0 - - 830.000.00 910000.00 Comdr.! Aulherketion Total a.14n 260.1 SOBR 119A 133,0 f451.0 5124.139.06 S11.44,16 541,716,60 5110,040,0( Schedule 25 mithun.com Lower Green Riverfront Master Plan - Draft Scope of Work Mithun Project No. 2625800 Lower Green Rivertront MDSter Plan Schedule/+ Work Plan 202n 2027 June 12, 2026 KEY REVIEW CYCLES Phase 1 Project Start Up and Management C6enI Checkin meetings • a ,,, 0 0 x a a i . _ 2 l 161522 t9 s102021 010'7 29 01 Iia 2126 512192e 5'2102S 2 91e 20NI 7Ia2'26 4 I I 1625 1 8 15 22 1 8 15 21 29 512162•. 0101724 01 7112128 81a1 Up PEBFARUI yISIC.1.CONCEPIS EVAI.SfRAIEGY REA'rBMENf 7,8A,'ridcs !DIAL rrC n^ ten ■ 4,,,,,,, ■ .eeWrnt AwncYNVrnenI Sateen nary . F1b.Ir 0.pp3pFGr, I '•.Lobo ■ Pm Phase 2 C4nrmwllly Engagement and Agerrty Allgrrnarrl Ergogerrrenl Plan Corrrrdslon Advisory Group Seavons ComnwnLly Events kllerdepa►nental workshops Iby+l IOW .: 11101.8 ftody virgin _ and hincyolr * canal, .s.eesilMe 51110to3- crab= .twnlmeolam IDW rt:ap0 Conrkohlyh.lm .4 j 88811b11 l Tsr cite al reaer eternally. ' AGM- IOW rh titian •.. w m.,mr 4 Alteinalrv. one •t01t•r1. Pha1* 3 Anlysil and Synthesis and FLrt Deli Can Relerence document synIhes& mat& Cpporluh2fes and Constraints presentation 3DP Iechnlcd conskahts/opporhrnkt;es rian na- I. Phase 4 Vision. Allema thraS Rid Concept DCrelapmerY 'Mian. MOVES Ono Planning Prirlcplss POCkCge Dan ADblhalivg Preferred A4ernotire . Phase 3 Funding and Implementation Strategy Aoquisifion odtcory rnemo Funding Slrotety Memo Phase a Dro flRnal Mosier Hon Oran Master Rion Final Nasky Plan Planning CDRM1i591Dn presenroW Course] presentation Hearing + Fre + ommerciorion. + Adoption' LEGEND Work progress -Key Ceciyan Cat CO/CM[k in Mea1".'q Doff rA raspy SMkehtlder Wreath MO review hterdepadment Workshops Finaldelverobfe Ref.denr shored atoning Seuieni npT l Commyynn • Adap*. may occtx beyond June 2027 26 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 WM DEPARTMENT OF ECOLOGY 6111-- State of Washington Agreement No. SEAFCAAC-2527-Tukwil-00046 SHORELANDS FCAAP COMPETITIVE PLANNING GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF TUKWILA PUBLIC WORKS DEPARTMENT This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Tukwila Public Works Department, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects $325,000.00 $325,000.00 $243,750.00 $81,250.00 07/01/2025 06/30/2027 Planning Project Short Description: The City of Tukwila (RECIPIENT) will create a Master Plan for the Lower Green River Levee and Shoreline Projects which will include the design, function, and location of various multi benefit levee and shoreline projects aimed at protecting the banks of the Lower Green River from flooding through the city of Tukwila. Project Long Description: The Lower Green River in Tukwila, WA consists of commercial, industrial, and residential development at significant risk from flooding. This development was made possible by the construction of the Howard Hanson Dam and the levee system that lines the riverbanks of the Lower Green and Duwamish Rivers. These highly developed floodplains have a high concentration of people and property which remain at severe risk of flood impacts. The King County Flood Control District has identified several projects aimed at reducing these risks by protecting both the right and left banks of the Lower Green River through the City of Tukwila, from S. 204th St. to I-405. The Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects (Master Plan) will 27 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department guide how levee improvements and flood control protection projects are implemented within the city limits. The City of Tukwila is regulated under the King County Flood Management Plan, which seeks to establish a shared regional vision for comprehensive flood hazard management in King County that reduces risk to people and property from flooding and channel migration and supports resilient communities and ecosystems. The county -wide plan will inform the Master Plan. The Master Plan seeks to integrate public safety, flood protection, fish and habitat restoration, economic development, equity and recreation, and will incorporate properties adjacent to the river. Past planning efforts including the Lower Green River Corridor Flood Hazard Management Plan, the King County Flood Control District Capital Improvement Program, the System -Wide Improvement Framework for the Lower Green River, and the Tukwila Semi -Quantitative Risk Assessment (2023) will inform the Master Plan. American Rivers classified the Green-Duwamish River as one of America's Most Endangered Rivers in 2016 and 2019 in part due to the urgent need for an integrated floodplain management approach, balancing flood protection with habitat restoration for critical ESA -listed and treaty protected species and community values. The Master Plan will incorporate these previous studies and serve as a shared vision for multi benefit flood protection project planning in the Lower Green River. The RECIPIENT will complete a draft Master Plan and a final Master Plan, supplemented with community outreach. The final Master Plan will identify the design, function, and location of project features and priority investments in adjoining property and/or acquisitions. The Master Plan will identify project costs, priorities, and timelines. The Master Plan seeks to achieve habitat restoration by identifying fish barriers for removal and opportunities for habitat enhancement within the identified levee and shoreline projects. The RECIPIENT will conduct community outreach between the draft and final planning phases. Tukwila is considered an overburdened community, according to the Washington Overburdened Communities Map, facing flood risks, particularly in residential, commercial, and industrial areas along the Green River. The Master Plan will engage project stakeholders and community members to solicit guidance, feedback, and support for flood protection projects. The outreach process will help inform the community about levee and shoreline history, existing conditions, and essential factors guiding the project. The RECIPIENT will coordinate with relevant Tribes throughout the development and implementation of the Master Plan. The Master Plan is intended to be a strategic community vision that integrates community preferences into capital projects to create a welcoming multi -benefit space while maintaining and enhancing flood protection and habitat restoration. These capital projects will not only protect vulnerable populations but also promote resilient communities and ecosystems. Overall Goal: The Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects will identify and prioritize regional flood protection projects while developing a strategic community vision that integrates adjacent properties with the shoreline into a welcoming multi -benefit space for the community and incorporates fish and wildlife habitat enhancements. Page 2 of 24 Template Version 12/10/2020 28 Dacusign Envelope ID: 77E1OBO1-EO69 4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department RECIPIENT INFORMATION Organization Name: City of Tukwila Public Works Department Federal Tax ID: 91-6001519 UEI Number: UEQNMC26C8T3 Mailing Address: 6300 Southcenter Blvd Tukwila, WA 98188 Physical Address: 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Organization Email: catrien.deboer@tukwilawa.gov Organization Fax: (206) 433-0179 Contacts Page 3 of 24 Project Manager Sherry Edquid Project Manager 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Email: sheny.edquid@tukwilawa.gov Phone: (206) 431-2456 Billing Contact Catrien de Boer Public Works Grants Analyst 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Email: catrien.deboer@tukwilawa_gov Phone: (206) 482-9199 Thomas McLeod Authorized Mayor Signatory 6300 Southceuter Blvd, Suite 100 Tukwila, Washington 98188 Email: thomas.mcleod@tukwilawa.gov Phone: (206) 431-2445 Template Version 12/10/2020 29 Dacusign Envelope ID: 77E1OBO1-EO69 4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 24 Sarah Caggiano Project Manager PO Box 330316 Shoreline, Washington 98133-9716 Email: scag461@ecy_wa.gov Phone: (564) 233-9306 Layne Slone Financial Financial Manager Manager PO Box 47600 Olympia, Washington 98504-7600 Email: lnak461@ecy.wa.gov Phone: (360) 867-8171 Template Version 12/10/2020 30 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State City of Tukwila Public Works Department Department of Ecology By: —DocuSigned by: "raLtJ `— B6 D7C30154A2462... 3/4/2026 Joenne McGerr Shorelands Program Manager Template Approved to Form by Attorney General's Office Date By: ,-Signed by: -tOwtaS Itit l,(,c bt '—RFF24380545R44C Page 5 of 24 3/4/2026 Thomas McLeod Date Mayor Template Version 12/10/2020 31 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Kari Sand Signed by: L 5F49Qf:A41fi5F452 City Attorney Andy Youn-Barnett "—Signed by: "-2FEBD44FF6A8423... Page 6 of 24 2/24/2026 Date 3/4/2026 City Clerk Date Template Version 12/10/2020 32 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: 1. Project Administration / Management Task Description: A. The RECIPIENT will provide Project Coordination to ensure effective communication on this project with all interested parties including ECOLOGY, all affected local, state, federal agencies, tribal nations, local land owners, and other applicable stateholders. In addition, the RECIPIENT should consult with all other appropriate entities that may have useful scientific, technical, or cultural information that will augment this project. Coordination issues include, but are not limited to, flood plain management, habitat and fish protection and restoration, public access and recreation, cultural and archaeological resources, etc. B. The RECIPIENT is responsible for conducting Project Management activities to include project scheduling, assuring quality control, adherence to the scope of work, time lines, and due dates; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and has applicable compliance with deed restrictions on acquisitions as well as conducting the competitive procurement process including preparation of grant bidding documents, advertisement; award of grants and grant monitoring. C. The RECIPIENT will provide Project Administration including submittal of quarterly progress reports and reimbursement requests with corresponding supporting documentation; maintenance of project records, submittal and compliance of deliverables on established due dates. Task Goal Statement: A properly managed project that meets ECOLOGY administrative requirements and provides open communication to all stakeholders. Task Expected Outcome: Timely and complete submittal of quarterly Payment Requests/Progress Reports (PRPRs); a project that is on schedule and within budget, and objectives of this funding opportunity are met; and a Recipient Close Out Report (RCOR). Recipient Task Coordinator: Catrien de Boer Page 7 of 24 Template Version 12/10/2020 33 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department 1. Project Administration / Management Deliverables Page 8 of 24 Number Description Due Date 1.1 Quarterly Payment Request / Progress Report (PRPR) 1.2 Recipient Close Out Report (RCOR) 06/30/2027 Template Version 12/10/2020 34 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department SCOPE OF WORK Task Number: 2 Task Cost: $320,000.00 Task Title: 2. Master Plan Task Description: The RECIPIENT will create a Master Plan that will include the design, function, and location of flood facility projects, while also considering site lighting, walls and structures, compatible recreation features, trail network and trail heads, signage/wayfinding, integration of art and water access, and habitat, along with integration with the adjacent properties. The RECIPIENT will also complete community outreach efforts to inform the Master Plan, including but not limited to meetings, mailers, flyers, community meetings, social media, website updates, and surveys. The Master Plan will identify priority investments in adjoining properties and/or acquisitions to achieve multiple benefits with each project. The Master Plan will also identify connections with transportation corridors and public parks. Planning work will prepare conceptual design for project features along with costs, project priorities, and timelines. A. The RECIPIENT will hire a contractor to complete the Master Plan. Services will be secured in accordance with the RECIPIENT or State of Washington procurement procedures. The RECIPIENT will enter into a contract with the selected consultant(s) and prepare a contract in accordance with the scope of work in this agreement. B. The RECIPIENT will work with project stakeholders, and host stakeholder/public meetings. The RECIPIENT will upload a copy of each meeting attendance log and meeting agenda in EAGL and will notify the ECOLOGY Project Manager. C. If applicable, light refreshments (not meals) for meetings, as defined by ECOLOGY's Administrative Requirements of Ecology's Grants and Loans (Yellow Book), may be eligible for reimbursement. Prior to each public meeting, the RECIPIENT must request and receive written approval by ECOLOGY's Project Manager for light refreshment reimbursement(s). Approved request forms must be submitted with the corresponding Payment Request/Progress Report (PRPR) in EAGL. D. For any publications and education and outreach materials, the RECIPIENT will follow ECOLOGY's requirements in sections 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY; and 19. PRESENTATION AND PROMOTIONAL MATERIALS of the Agreement General Terms and Conditions. 1) For communication materials, the RECIPIENT will acknowledge that funding was provided by ECOLOGY. The ECOLOGY Project Manager will provide a copy of ECOLOGY's logo, upon request. 2) The RECIPIENT will submit a copy of education and outreach materials to the ECOLOGY Project Manager for review and comments prior to distribution. E. The RECIPIENT will complete a desktop analysis researching the levees, water courses, adjacent properties, critical areas, and transportation features to prioritize projects. The results will be included in the Master Plan. Page 9 of 24 Template Version 12/10/2020 35 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department F. The RECIPIENT will submit a draft Master Plan to ECOLOGY for review and feedback. G. The RECIPIENT will incorporate ECOLOGY's comments in the final draft Master Plan. The RECIPIENT will upload deliverables to EAGL IGX and notify the ECOLOGY Project Manager by email. Task Goal Statement: To complete a final Master Plan that evaluates and prioritizes levee and shoreline project needs, incorporates public and stakeholder input, and integrates multi benefit opportunities within the project's schedule and budget. Task Expected Outcome: The completed Master Plan will guide subsequent flood risk reduction actions by outlining a long term, actionable roadmap for levee and shoreline project development, prioritizing capital investments, and coordinating with regional and intergenerational initiatives across the Lower Green River corridor. Recipient Task Coordinator: Sherry Edquid 2. Master Plan Deliverables Page 10 of 24 Number Description Due Date 2.1 Signed consultant and subconsultant contracts. 2.2 Coordination meeting agendas and attendance logs, as applicable (KCFCD, Parks and Recreations, Economic Development, Community Development Departments). 2.3 Light refreshments meeting request form (if applicable). Submit to ECOLOGY Project Manager for approval prior to each public meeting. Submit approved copy with each Payment Request/Progress Report (PRPR). 2.4 Final digital copy or a link to educational products developed under the task (e.g. brochures, manuals, pamphlets, videos, audio files, posters, media announcements, or web page links.) 2.5 Draft Master Plan, including the desktop analysis results. 2.6 Final Master Plan. Template Version 12/10/2020 36 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department BUDGET Funding Distribution EG260574 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Flood Control Assistance Account Program 2025-27 Funding Type: Grant Funding Effective Date: 07/01/2025 Funding Expiration Date: 06/30/2027 Funding Source: Title: Flood Control Assistance Account Program (FCAAP) Fund: FD Type: State Funding Source %: 100% Description: FCAAP Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate: 0% 25% Yes Yes Is this Funding Distribution used to match a federal grant? No Flood Control Assistance Account Program 2025-27 Task Total 1. Project Administration / Management $ 5,000.00 2. Master Plan $ 320,000.00 Total: $ 325,000.00 Page 11 of 24 Template Version 12/10/2020 37 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Funding Distribution Summary Recipient / Ecology Share Page 12 of 24 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Flood Control Assistance Account Program 2025-27 25.00 % $ 81,250.00 $ 243,750.00 $ 325,000.00 Total $ 81,250.00 $ 243,750.00 $ 325,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Floodplains by Design, Flood Proviso, and Flood Control Assistance Account Program - Special Terms and Conditions 1. The RECIPIENT will negotiate the task deliverable due dates with the ECOLOGY Project Manager, and the ECOLOGY Project Manager will enter the information in the Deliverables Due Date form. The RECIPIENT will keep track of these dates and will note any date changes on the quarterly progress reports. (Note: This form does not automatically print out with the Agreement.) 2. Local Decision: This grant is made in response to a request for financial assistance from the RECIPIENT to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made solely by the RECIPIENT. The RECIPIENT is not acting as an agent of the state of Washington. 3. Lawsuits: ECOLOGY shall not be responsible for any non -contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 4. Indemnification, Hold Harmless and Duty to Defend a. ECOLOGY shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the scope of work. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section (item 3.d). To the extent the constitution and laws of the state of Washington permit, RECIPIENT shall indemnify, defend and hold harmless the state, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, RECIPIENT agrees to indemnify, defend and hold harmless the state of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; provided, however, that this provision is not intended to and shall not be construed as a waiver by RECIPIENT of any immunities conferred upon the RECIPIENT by RCW 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. c. The RECIPIENT will not be required to indemnify, defend, or save harmless the state, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or Template Version 12/10/2020 38 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 13 of 24 damages is caused by the sole negligence of the state. Where such claims, suits, or actions result from the concurrent negligence of (a) the state, or the state's agents or employees and (b) the RECIPIENT or the RECIPIENT's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the RECIPIENT's negligence or the negligence of its agents and employees. d. To the extent that the constitution and laws of the state of Washington permit, RECIPIENT shall indemnify and hold harmless the state of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, RECIPIENT agrees to indemnify, defend and hold harmless the state of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; provided, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non -negligent, non -contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and/or nuisance. 5. Any development activity funded by this grant which occurs in the Federal Emergency Management Agency (FEMA)-mapped regulatory floodplain, also known as the Special Flood Hazard Area (SFHA), may trigger the need for a floodplain development permit from the local agency with floodplain management jurisdiction. "Development" is defined at 44 CFR 59.1 as " ... any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." Further, any activity funded by this grant may change the base flood elevations from physical changes affecting the floodplain. Communities are required by 44 CFR 65.3 to submit new data to FEMA in the event their actions affect the base flood elevation and the regulatory map (the SFHA). 6. ECOLOGY waives property acquisition report appraisal requirements for properties valued at $25,000 or less. When the estimated property value does not exceed $25,000, and the acquisition is not complex, the RECIPIENT may be exempt from meeting appraisal and review appraisal standards. Such exemptions must be requested in writing and approved by the ECOLOGY Project Manager before the closing on the property. The RECIPIENT must follow the appraisal waiver standards in 44 C.F.R. § 24.102. 7. Some RECIPIENTS are required to provide grant match. Match is made up of three different types of contributions: cash expenditures, in kind other, and in kind interlocal. Cash match expenditures are eligible costs paid by the RECIPIENT and are not reimbursed by ECOLOGY. In kind contributions are property or services that benefit a project and are contributed to the RECIPIENT by a third party without direct monetary compensation. In kind other is a type of contribution where the third party making the contribution is not a government entity. In kind interlocal is a type of contribution where both the grant RECIPIENT and the third party making the contribution are both government entities and have a signed Inter -local agreement between them. 8. RECIPIENTS are required to submit a copy of the original invoice in the Payment Request backup documention if an invoice number is referenced on a primary or subcontractor invoice. 9. To be eligible for reimbursement, RECIPIENTS must provide documentation of how an expenditure is directly related to the project. ECOLOGY will not reimburse any expenditure that is already included in the indirect rate. At ECOLOGY's sole discretion, ECOLOGY may approve reimbursement for the percentage of an expenditure that is directly related to the project. FLOODPLAINS BY DESIGN, FLOOD PROVISO, AND FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM GRANT PROGRAMS SPECIAL TERMS AND CONDITIONS LAST UPDATED OCTOBER 2024. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. Template Version 12/10/2020 39 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 14 of 24 A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA Template Version 12/10/2020 40 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 15 of 24 information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115pub1232/pdf/PLAW-115pub1232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 41 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version Page 16 of 24 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 42 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 17 of 24 b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Depailtttent of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT'S designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@oftn.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 43 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. Page 18 of 24 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the Template Version 12/10/2020 44 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 19 of 24 review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 45 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 20 of 24 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress Template Version 12/10/2020 46 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 21 of 24 reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 47 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 22 of 24 RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 48 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 23 of 24 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. Template Version 12/10/2020 49 Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14 State of Washington Department of Ecology Agreement No: SEAFCAAC-2527-Tukwil-00046 Project Title: Tukwila Master Plan for the Lower Green River Levee and Shoreline Projects Recipient Name: City of Tukwila Public Works Department Page 24 of 24 If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT'S governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 50 2025 - 2026 Biennial Budget City of Tukwila, Washington CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: Lower Green Riverfront Master Plan Project# 72541203 Project Manager Joshua Hopkins Department Surface Water DESCRIPTION: Flood protection projects sponsored byKCFCD and federal partners are imminent. Citywill need to begin master planning immediatelyin order to guide aesthetic and community considerations of these projects. JUSTIFICATION: The Tukwila Levee Accreditation Phase 1(NFIC,2015)& Phase 2(NEC,2019)are guiding documents for Cityflood hazard management priorities and recommendations for implementation on the 205 Levee. The KCFCD has adopted the prioritized projects to the KCFCD CIP list for implementation. Cityneeds to plan and develop preferred alternatives to guide the KCFCD CIP implementation. STATUS: Project CIP identified in 2024 Surface Water Comp Plan. Funding needsto be budgeted and an RFQIRFP advertised to contract with a consultant. MAINTENANCE IMPACT: N/A COMMENT: N/A FINANCIAL (in thousands) 2025 2028 2027 2028 2029 2030 7 Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) Planning $ 30 $ 275 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 30 $ 275 Tots l Project Costs $ 305 $ - $ - $ - $ - $ - $ - $ 305 Project Funding Utility Revenues $ 305 $ - $ - $ - $ - $ - $ - $ 305 Tote l Project Funding $ 305 $ - $ - $ - $ - $ - $ - $ 305 51 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.B. Agenda Item Creek Fish Barrier Removal and Habitat Enhancement Project Sponsor Joshua Hopkins, Surface Water Project Manager Public Works Department Legislative History June 22, 2026 Committee of the Whole Contract Amendment No. 6 to Contract 24-093 with Otak, Inc. for Gilliam June 22, 2026 Special Meeting Recommended Motion ❑ Discussion Only ❑x Action Requested MOVE TO authorize the Mayor to execute Amendment No. 6 to Contract 24-093 with Otak, Inc. for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project EXECUTIVE SUMMARY The Department requests Council authorization for the Mayor to execute Amendment No. 6 to Contract No. 24-093 with Otak, Inc. for additional engineering services in the amount of $77,400. Expedited consideration is requested because Amendment No. 6 funds completion of existing grant deliverables that will also be used to support the City's USDOT Aquatic Organism Passage (AOP) Program application due July 16, 2026. DISCUSSION The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established as a City CIP project in 2019 and is a priority project with Water Resource Inventory Area (WRIA) 9 and the Salmon Recovery Funding Board (SRFB). The goals of the project are to restore fish passage between Gilliam Creek and the Green River, enhance salmonid habitat, and maintain or improve flood protection and maintenance and operation of the tide gate system. Amendment No. 6 provides additional engineering and design services necessary to complete the project's 30% Preliminary Design milestone required by Washington State Recreation and Conservation Office (RCO) and Salmon Recovery Funding Board (SRFB) grant agreements. Amendment No. 2 established the preferred alternative framework and advanced the project toward 30% Preliminary Design. Amendment No. 6 completes preferred alternative refinement, Basis of Design documentation, and remaining 30% Preliminary Design deliverables. Stakeholder engagement and technical evaluation informed refinement of fish passage performance objectives, flood gate configuration criteria, maintenance access requirements, flood response considerations, and long-term operational assumptions. Additional hydraulic analysis, operational evaluation, and supporting documentation were necessary to mature a technically feasible, operationally informed, and stakeholder -supported preferred alternative. Completion of Amendment No. 6 deliverables satisfies existing grant requirements while also providing technical documentation, design development, and cost estimating that can be incorporated into the City's USDOT Aquatic Organism Passage (AOP) Program application due July 16, 2026. The resulting work products improve project readiness, strengthen funding competitiveness, and support continued advancement of a multi -benefit flood protection, fish passage, and habitat restoration project. 52 FISCAL IMPACT Otak provided a cost estimate not to exceed $77,400.00 to perform additional engineering and design services associated with completion of the 30% Preliminary Design milestone. The additional services will be funded through budgeted 2026 Surface Water CIP funds. Otak Contract 22-068, 23-191, 24-093 24-093 Amendment No. 1 24-093 Amendment No. 2 24-093 Amendment No. 3 (time ext.) 24-093 Amendment No. 4 24-093 Amendment No. 5 (time ext.) 24-093 Amendment No. 6 Totals: FINANCIAL IMPACT Consultant $719,593.42 $138,270.00 $769,952.00 $4,977.00 $77,400.00 $1,710,192.42 Fund Source Secured Grants Secured Grants Secured Grants Budgeted 412 Funds Budgeted 412 Funds Budget $1,650,000.00 $18,000.00 $78,000.00 $1,746,000.00 Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by the City Attorney ® Expenditure - Budgeted ❑ Expenditure - Unbudgeted ❑ Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. asset sale, surplus equipment) ❑ Revenue - Ongoing Expenditures: Fund Source: $77,400.00 Revenues(if applicable): Budgeted 412 Funds Contractor (if applicable) Otak, Inc. Scope of Work Engineering Services to complete existing grant deliverables and development of technical materials that will be used in the City's USDOT Aquatic Organism Passage (AOP) Program application clue July 16, 2026. Amount $77,400.00 Duration Existing grant deliverables are 093 expires on 12/31/26. due September 2026. Contract 24- Additional Comments: is being fast tracked to accelerate completion of existing used in the upcoming federal USDOT AOP grant application due July This agenda item for contract amendment grant deliverable so they can be 16, 2026. ATTACHMENTS Amendment No. 6 to Contract 24-093 Capital Project Summary (2025-2030) - Gilliam Creek Fish Barrier Removal & Habitat Enhancement Project htlpsJltukwilawa.sharepoint.comfsiteslclerksintranetfCouncil Agenda [tens/06-22-26 COW & Specialffar CoW 6-22 - Contract Amendment with Otak for Gilliam Creekla. Agenda Bill - 24-092 Amend. No. 6_docx 53 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 24-093(f) CONTRACT FOR SERVICES Amendment #6 Between the City of Tukwila and Otak, Inc. That portion of Contract No. 24-093 between the City of Tukwila and Otak, Inc. for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project is hereby amended as follows: Section 2: Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the contract scope modifications and additional contract scope of services as described in Exhibit A-6 attached. Section 4: Payment: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit B-6 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $77, 400.00 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $1,393,533.42 without express written modifications of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. 54 CA Reviewed May 2020 Page 1 of 2 Dated this City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 24-093(f) day of , 20 ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: CA Reviewed May 2020 Page 2 of 2 55 EXHIBIT A-6 SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 June 2026 Amendment No. 6 Introduction and Background Amendment No. 2 provided services to evaluate project alternatives, develop the preferred alternative framework, and advance the project toward the 30% Preliminary Design and cost estimate milestone. Amendment No. 6 provides additional engineering services to complete preferred alternative refinement, supporting Basis of Design documentation, and remaining 30% Preliminary Design deliverables. The amendment fee includes a budget crosswalk and additional engineering effort necessary to complete those deliverables. The Scope of Services for Amendment No. 6 is described in detail in the following sections. Project Refinement and Basis of Design Development As the project advanced toward completion of the 30% Preliminary Design milestone, stakeholder engagement and technical evaluation informed refinement of the preferred alternative. Feedback received from fisheries stakeholders, regulatory and funding partners, and City maintenance and operations staff refined fish passage performance objectives, flood gate configuration criteria, maintenance access requirements, flood response considerations, and long-term operational assumptions. Additional hydraulic analysis, operational evaluation, and supporting documentation were necessary to mature a technically feasible, operationally informed, and stakeholder -supported preferred alternative. During stakeholder engagement completed in 2025, fisheries stakeholders recommended increasing the fish passage performance criterion from approximately 4,000 cfs to approximately 6,000 cfs Green River flow conditions to better support juvenile flood -flow refuge objectives. This recommendation had significant hydraulic and operational implications for the preferred alternative and required additional evaluation of flood gate configuration, gate operation strategies, flood response conditions, and pump station performance. The resulting analyses demonstrated that dual gate configurations and refined operational approaches could improve fish access while maintaining flood protection. Modeling also indicated that alternative flood gate configurations and operating strategies may improve drainage response within the Southcenter Basin by allowing Gilliam Creek to continue discharging during a broader range of Green River conditions relative to traditional flap gate systems. These findings materially influenced refinement of the preferred alternative, improved alignment with salmon recovery objectives, and strengthened stakeholder support for the project and future grant funding efforts. Otak — Scope of Work 56 As refinement of the preferred alternative advanced, portions of the retrofit evaluation work were further developed to better understand tradeoffs associated with lower -cost implementation pathways relative to the preferred alternative. This evaluation informed comparison of flood protection performance, fish passage objectives, maintenance access, durability, hydraulic performance, lifecycle operational considerations, and overall project effectiveness. The resulting analysis helped validate the preferred alternative and improve understanding of the functional improvements achieved relative to lower -cost retrofit approaches. BUDGET CROSSWALK As discussed with the City, engineering effort and available task budgets were redistributed during advancement of the preferred alternative. The amendment includes a proposed budget crosswalk to transfer funds between tasks where actual effort differed from original assumptions. The proposed additional fee shown on Exhibit B-6 supports completion of remaining Basis of Design documentation and 30% Preliminary Design deliverables. PHASE 2 TASK MODIFICATIONS 1.0 Project Management and Coordination 1.1 Coordination with City This task includes additional project management necessary to support completion of Amendment No. 6 deliverables and project activities extending beyond the July 30, 2025 completion schedule established under Amendment No. 2. Otak coordinated with the City of Tukwila on a regular basis by phone and email to keep the City's project manager informed about project progress, project issues and schedule. Otak assisted in scheduling project related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular communication with the City occurred on a weekly basis, and status reports were provided to the City summarizing the status of action items and deliverables. This task will include coordination with the City and status updates through the completion of final deliverables which are now scheduled for completion by September 13, 2026. 1.4 Project Monitoring and Reporting Project monitoring and reporting has included the coordination of design team members, project schedule updates, and the preparation of a monthly progress report and a monthly billing statement beyond the completion schedule originally scheduled for July 30, 2025 under Amendment No. 2. Project monitoring and reporting will continue through the completion of final invoicing which is due within 90 days of the final deliverables which are scheduled for completion by September 13, 2026. TASK 1 DELIVERABLES • Status reports submitted to the City by email (electronic PDF file format) • Schedule updates submitted to the City by email (electronic PDF file format) • Monthly progress report and monthly invoice (electronic PDF file format) TASK 1 ASSUMPTIONS • The duration for this phase of the project is assumed not to extend beyond December 31, 2026. Otak - Scope of Work 57 6.9 Alternatives Analysis Report - Phase 2 (Basis of Design Documentation) As the project advanced toward completion of the 30% Preliminary Design milestone, the Phase 2 Alternatives Analysis Report was refined to document stakeholder coordination outcomes, hydraulic performance criteria, preferred alternative refinements, and operational considerations associated with project implementation. Otak will advance the Phase 2 Alternatives Analysis Report to document: • Comments from the last stakeholder engagement (Tribes, WDFW) • Performance criteria for dual gate configurations that achieve fish passage for flood refugia at higher river stages (in response to stakeholder comments) • Preliminary results of dual gate configuration hydraulic modeling • Updated preliminary design figures and cost estimates Otak will prepare a Draft 1 Report for review by the City Project Manager. For the Draft 2 Report, Otak will make revisions based on one round of review comments from the City. The Draft 2 Report will be submitted to the grant technical review board, Otak will perform a second round of revisions based on one round of comments from the grant technical review board to finalize the report. TASK 6.9 DELIVERABLES • Draft 1 Report (pdf) • Draft 2 Report (pdf) • Final Report (pdf) 11.1.1 30% Preliminary Plans Otak will update the plans to incorporate the preferred flood gate and site plan configuration for Alternative 3 that is based on feedback from stakeholders and City staff. This includes revising the crossing structure size, flood gate location, maintenance access, trail alignment, related structural wall layout, and incorporating dual flood gates. 11.1.2 30% Construction Cost Estimate Otak will update the cost estimate to incorporate the preferred site plan configuration for Alternative 3 that is based on feedback from stakeholders and City staff, as described in Task 11.1.1 above. Management Reserve If directed by the City, consultant will provide services needed to assist the City for unforeseen tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, the consultant will provide a scope and budget for the task identified by the City. The consultant will not proceed with the task until written authorization has been provided by the City. The allotted amount for this task is $4, 000.00. Otak — Scope of Work 58 Otak EXHIBIT B-6 FEE ESTIMATE - DESIGN/ENGINEERING SERVICES City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Amendment No. 6 - Fee Estimate Otak Project #020610.003 June 2026 FISH BARRIER REMOVAL AND HABITAT PROJECT INLET EROSION REPAIR PROJECT Task No. Task Name BUDGET CHARGED I'I BUDGET REMAINING BUDGET CROSSWALK ADDITIONAL FEE TOTAL REMAINING BUDGET (2) TOTAL REMAINING BUDGET 1.0 Project Management and Coordination $ 113,298.00 $ 137,968.75 $ (24,670.75) $ 24,670.75 $ 7,000.00 $ 7,000.00 4.0 Topographic Survey and Basemap $ 20,912.00 $ 20,905.39 $ 6.61 $ (6.61) $ 0.00 5.5 Preliminary Flood Study $ 92,620.00 $ 98,947.24 $ (6,327.24) $ 6,327.24 $ - 5.6 Flood Study Proposed Conditions $ 79,562.00 $ 107,066.50 $ (27,504.50) $ 27,504.50 $ - 5.7 Flood Study Report $ 34,070.00 $ 47,504.25 $ (13,434.25) $ 13,434.25 $ - 5 8 Open Channel Hydraulic Analysis for Proposed Improvement Area $ 83,860.00 $ 83,886.50 $ (26.50) $ 26.50 $ - 6.0 Alternatives Analysis Report - Phase 1 $ 29,221.00 $ 33,953.50 $ (4,732.50) $ 4,732.50 $ - 6.3.1 Flood Gate System Assessment $ 18,540.00 $ 21,602.00 $ (3,062.00) $ 3,062.00 $ - 6.3.1.A Flood Gate System Tech Memo (SUB- Kleinschmidt) $ 48,000.00 $ 42,087.78 $ 5,912.22 $ 5,912.22 6.4 Existing Culvert Tech Condition Assessment $ 11,492.00 $ 7,252.50 $ 4,239.50 $ (4,239.50) $ - 6.5 Alt 1 Retrofit Option Feasibility Study (BoD) $ 17,958.00 $ 41,358.25 $ (23,400.25) $ 23,400.25 $ - 6.6.1 Levee Setback South Extension Feasibility $ 11,318.00 $ 15,372.50 $ (4,054.50) $ 4,054.50 $ - 6.7 Alt 3 Options E, F, & G $ 32,570.00 $ 32,613.50 $ (43.50) $ 43.50 $ - 6.8 Preferred Alt -Plans, Est, & Const Sched $ 22,598.00 $ 22,608.00 $ (10.00) $ 10.00 $ - 6.9 Alternatives Analyis Report - Phase 2 (BoD) $ 16,114.00 $ 14,665.75 $ 1,448.25 $ 23,000.00 $ 24,448.25 7 2 Culvert Inlet Erosion Repair Geotechnical Design Review $ 1,915.00 $ 735.00 $ 1,180.00 $ (1,180.00) $ - 7.3 Geotechnical 30% Preliminary Design $ 47,200.00 $ 20,875.00 $ 26,325.00 $ (26,325.00) $ - 8.1 Franchise Utility Coordination $ 13,452.00 $ 4,151.00 $ 9,301.00 $ (9,301.00) $ - 9.3.1 Engagement Kickoff and On -going Coordination $ 13,668.00 $ 14,630.50 $ (962.50) $ 962.50 $ - 9.3.2 Collaborative Workshops $ 54,830.00 $ 53,630.25 $ 1,199.75 $ (1,199.75) $ - 9.2 Agency and Stakeholder Coordination $ 18,108.00 $ 20,602.25 $ (2,494.25) $ 2,494.25 $ - 9.4 Engagement Materials $ 35,686.00 $ 50,156.00 $ (14,470.00) $ 14,470.00 $ - 11.1.1 30% Preliminary Plans $ 226,858.00 $ 224,764.00 $ 2,094.00 $ 40,000.00 $ 42,094.00 11.1.2 30% Construction Cost Estimate $ 34,492.00 $ 39,522.50 $ (5,030.50) $ 5,030.50 $ 3,400.00 $ 3,400.00 11.1.3 QA/QC $ 17,016.00 $ 17,016.00 $ (14,609.60) $ 2,406.40 11.2 Value Engineering Review $ 39,898.00 $ 39,898.00 $ (39,898.00) $ - 11.3 Constructability Review $ 12,000.00 $ 12,000.00 $ (12,000.00) $ - 10.0 Inlet Erosion Repair $ 147,075.75 $ 133,703.25 $ 13,372.50 Total Labor Cost $ 1, 294, 331.75 $ 1, 290, 562.16 $ (9,602.91) $ 21, 463.78 $ 73, 400.00 $ 85, 260.87 $ 13, 372.50 999 Management Reserve $ 20,000.00 $ - $ 20,000.00 $ (20,000.00) $ 4,000.00 $ 4,000.00 050 Direct Expenses $ 1,801.67 $ 337.89 $ 1,463.78 $ (1,463.78) $ - Project Total $ 1,316,133.42 $ 1,290,900.05 $ 11,860.87 $ - $ 77,400.00 $ 89,260.87 $ 13,372.50 Notes: (1) Not all charges have been invoiced, therefore, charged amount does not match the invoiced to date amount. (2) Budget Remaining reflects work yet to be completed. Otak - Fee Estimate O:\PROJECT\20600\20610\08 Corporate\Contracts\Scoping\12_20610.003 Amend 6\V3 Current Scope Amendment w Addtl fee\GCFBRHE_LOE_Amend 6_2026_0607.xls Page 1 of 1 59 2025 - 2026 Biennial Budget City of Tukwila, Washington CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: Gilliam Creek Fish Barrier Removal and Habitat Project # 99830105 Enhancement Project Project Manager Joshua Hopkins Department Surface Water DESCRIPTION: Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate which may include a self-regulating tide gate or flood wall. JUSTIFICATION: Enable fish access to tower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. STATUS: Alternatives Analysis Design completed in 2023. MAINTENANCE IMPACT: M&O is typically 3-5 years for HPA permits to revegetate streambanks following barrier removal. COMMENT: City applied to NOAA grants (Fish Passage & Transformational Habitat) in 2023 for design development and construction funding for the preferred alternative (estimated $24 M). City was not selected for one of the two grants. Meanwhile, the 66th Ave S culvert, tide gate and upstream debris rack (fish barriers) are causing erosion or passage as FINANCIAL (in thousands) tne streambanks a condition 2025 upstream of permits 2026 or tne 66th to repair the 2027 Ave S culvert. aforementioned 2028 Permitting erosion. 2029 agencies 2030 may require nsn Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) $ 78 $ 78 $ 78 $ - $ - $ - $ - $ 234 Design $ 620 $ 1,000 $ - $ - $ - $ - $ - $ 1,620 Construction Mgmt. $ - $ - $ 1,076 $ - $ - $ - $ - $ 1,076 Construction $ - $ - $ 4,648 $ - $ - $ - $ - $ 4,648 Total. Project Costs $ 698 S 1,078 S 5,802 S - $ - $ - $ - $ 7,578 I Project Funding Awarded Grant $ 680 $ - $ - $ - $ - $ - $ - $ 680 -Proposed Grant $ - $ 1,000 $ 5,802 $ - $ - $ - $ - $ 6,802 I Utility Revenues $ 18 $ 78 $ - $ - $ - $ - $ - $ 96 (Total Project Funding $ 698 S 1,078 S 5,802 S - $ - $ - $ - $ 7,578 60 Return to CIP TOC City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.C. Corrected 06/22/2026 Agenda Item Sponsor Legislative History City Hall Roof & Gutter Replacement Shawn Christie, Fleet & Facilities Operations Manager Public Works June 22, 2026 Committee of the Whole June 22, 2026 Special Meeting Recommended Motion ❑ Discussion Only ❑x Action Requested MOVE TO authorize the mayor to execute a contract with Creative Roof Solutions, LLC for the City Hall Roof & Gutter Replacement in the amount of $144,403.20. EXECUTIVE SUMMARY The current roof was installed on the City Hall Building in 1998 and has reached its life expectancy. The project is part of the current CIP scheduled for completion in 2026. DISCUSSION The City Hall Roof & Gutter replacement project was advertised for bid in May 2026 utilizing the MRSC small works roster, and nine bids were received and opened on May 26, 2026. The engineer's estimate for the construction work was $144,403.20. Staff have reviewed the bids for accuracy and responsiveness. Creative Roof Solutions, LLC. submitted the lowest responsive bid for $144,40.20, which is within the engineer's estimated pre-tax cost range. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by the City Attorney © Expenditure - Budgeted Expenditures: Fund Source: $144,403.20 Revenues(if applicable): General Fund • Expenditure - Unbudgeted • Expenditure - Grant -Funded • Revenue — One -Time (e.g. $ asset sale, surplus equipment) • Revenue - Ongoing Contractor (if applicable) Creative Roof Solutions, LLC. Scope of Work This project will encompass removal and replacement of all roofing material, flashing, gutters, and necessary repairs to any damaged roof decking. Amount $144,403.20 Duration July 6—August 31, 2026 ATTACHMENTS Bid Tabulation Creative Roof Solution, LLC. Bid Package 61 CITY OF TUKWILA - DEPARTMENT OF PUBLIC WORK a/Ls/xoxs BID TAB - TUKWILA CITY HALL ROOF & GUTTER REPLACEMENT Total ENGINEER'S ESTIMATE No. Section No. Item Quantity Unit Unit Cost Total Cost SCHEDULE A- CITY HALL ROOF & GUTTER REPLACEMENT POLICE EVIDENCE STORAGE Al 1 Roof Replacement 1 GMP $300,000.00 $300,000.00 A2 2 Gutter Replacement 1 LS $ - $ A3 3 Additional Roof Decking - As Needed, Priced per sheet of 4X8 1 EA $ - $ A4 4 Sales Tax - 10.4% 1 EA $ - $ SCHEDULE A ESTIMATED CONSTRUCTION COST $ 300.000.00 APPARENT LOW BIDDER Creative Roof Solutions, LLC. Triton Commercial Roofing & Waterproofing Olympic Roofing, LLC, Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost $ 114,000.00 $ 114,000.00 $ 115,000.00 $ 115,000.00 $ 131,000.00 $ 131,000.00 $ 16,800.00 $ 16,800.00 $ 20,000.00 $ 20,000.00 $ 28,000.00 $ 28,000.00 $ 85.00 $ 85.00 $ 90.00 $ 90.00 $ 125.00 $ 125.00 $ $ 13,603.20 $ $ 14,040.00 $ $ 16,549.00 5 $ 144.403.20 $ $ 149.040.00 5 $ 175.674.00 Tru Colors Chinook Legendary Solutions, LLC. Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost $ 146,150.00 $ 146,150.00 $ 143,175.00 $ 143,175.00 $ 260,000.00 $ 260,000.00 $ 20,020.00 $ 20,020.00 $ 24,000.00 $ 24,000.00 $ 9,000.00 $ 9,000.00 $ 90.00 $ 90.00 $ 180.00 $ 180.00 $ 125.00 $ 125.00 $ $ 17,281.68 $ 17,386.20 $ $ 27,989.00 $ $ 183,451.68 $ $ 184,561.20 S $ 297,114.00 Rainbow Federal, Inc. K-A General Construction Cont LLC. Coatline Roofing Construction Unit Cost and Total Cost Unit Cost Total Cost Unit Cost Total Cost $ 184,935.70 $ 184,935.70 $ 265,000.00 $ 265,000.00 $ 297,019.86 $ 297,019.86 $ 86,427.79 $ 86,427.79 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 137.18 $ 137.18 $ 125.00 $ 125.00 $ 300.00 $ 300.00 $ $ 28,236.07 $ $ 29,224.00 $ $ 32,554.07 $ $ 299,736.74 $ $ 310,224.00 $ $ 345,573.93 62 Proposal P-6 PROPOSAL (unit price) Contractor's Narne CfOrkiit _vvo f Sri Contractor's State License No.-Q_cg_x(o To the Mayor and City Council City of Tukwila. Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled Tukwila City Hall Roof & Gutter Replacement, which project includes but is not limited to replacing all roofing, undertayrnent, metal (lashings, ice and water shield, and gutter system and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents, As evidence of good faith, (check one) bid bond or cash, cashier's check, certified check, or postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not Physically Complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. 63 Proposal P-6 Tukwila City Hall Roof & Gutter Replacement - SCHEDULE A Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Item No. Item ❑escnption ROADWAY Quantity Unit Unit Price Amount 2. 2 Roof Replacement 1 Gutter Replacement Additional Roof Decking - As Needed, Priced per sheet of 4X8 plywood plus labor to install. 1 GMP "'I I (Noy 11LIryou LS l$aa EA Schedule A Subtotal $ 13 U l Sales Tax @ 10.4 % $ i to O ,10 Total Bid Price $ (LW tL103 , ZO 64 Proposal P-6 1 Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above. may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard - copy bid form — Project Name, Schedule Name, column headings — in the order shown, totals, etc. 2. The computer printout of the Bid Proposal roust have the exact certification language shown below, signed by the appropriate officer of the firm. 3. if a computer printout is used, the bidder must still execute that portion of the unit price Bid form which acknowledges the Bid Guaranty, Time of Completion, and all addenda that may have been issued, etc. If any of these things are missing or out of older, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City, In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRMS NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print-out. (YOUR FIRMS NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the respective a tima d quantities shown on the Bid form then totaling all of the extended amounts. Signed: Title: OVPII- Date: S /f/ By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No, 1 Addendum Date of Receipt No. S/ZZ12L 3 Date of Receipt 65 Signature of Authorized Official: Printed Name and Title: Address: Circle One: Individual Joint Venture / Corporation Proposal P-s 2 4 NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will tie disqualified. By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The Surety c moan which will furnish the required Payment and Pecformance Bond is 561AA St,.fah of u1 1hI &tisk/A A -3U' (Name) CC `{r} k r w\ awn (Address) Bidder. .' c�ki'ti fc,if SDI��str \5'5 S6 Lc,N � vGts►-A �d25t Stave of Incorporation: LL( -- S Cc'P Phone No.: L-12 5 Z b 3Un _ Date: This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If :he Bidder is a copartnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the yesldent or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. 66 P-5 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars [$___ i'. -OR- Bid Bond: The undersigned, Creative Roof Solutions i.l.0 {Principal], and _ The Ohio Casualty Insurance Company (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of FIVE PERCENT OFTilieI OTAI. AMOUNT III) dollars ($ Le6 OF MD AMOUNT ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for Tukwila City Hall Roof and Gutter Replacement according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 26th day of may Creative Roof Solution:: L1.0 Q rincipal ature of Authorized Official oirl(Uc Title Name and address of local office of agent and/or Surety Company: fr 20 try The Ohio ( sualir Ins;uraCi ,pant/ Surety By ,.....Gara Scanner, Attorney -in -Fact cct (Attach Power of Attome c/a Integrity Surely I.IC 17544 Midvale Ave N #300 Seattle WA 98133 Surety companies executing bonds must appear on the current Authorized insurance List in the State of Washington per Section 1-02.7 of the Standard Specification$, 67 on ai [6 r � L � o 0 Er , c a75 re ago 7 � 4 sa Crmrnori alb or Peonsyhvnria- hrarary SI Tams. Pastella Merry %bk. gpmmryr,whnhy My CCRiittrel exams faint a& 2029 Cailmasoipunrer tlraata 1Aember. PenrnyhNma nesoriaaon or HOLT1e Liberty Mutual. SURETY POWER OF ATTORNEY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corpnatian duly organized under the Taws of the State of New Hampshire, that Liberty Mutual Insurance Company ks a corporation duly organized under the laws o! the State of Massachusetts, and West American Insuranae. mParlY consbhrlla end app[t<nt dUy O Reviled under the laws of the Stale of Indiana therein collectively called the 'Campanian"), pursuant to and by authority hear set fare does hereby Cameron liunisuckcr; Sierra Mimic, Kara Skinner: Mcrcixics Trakev-Moudy Ce ificale ND 8214311.874754 ail of the cityof Seattle slate of WA each indvidually It thole be more Men one named, Its true and lawful as a m.1Ni ns, in Sand execute. seal, ackrwwledge and delver, For aid m its behalf as surety and es is act and deed, any andmel undertakings,nattested b the sea any of the and other surely nLies it [her own proper of these presents and shag be as ttndrng upon the Cornpenres as if they have bee" duly sig by President persons IN WITNESS WHEREOF, this Power of Attorney has been sutmsaibed by an aulhmzed officer or afScral of the Companies and the corporate seats athe Companies have been affixed thereto this 2rd day of July , 2025 Liberty Mu Nei insurance Canioany The Ohio Casually Insurance Company WestAmericar Insurance Coronary By: Nathan J. tangerle, Assistant Secretary State of PENNSYLVAf1IA County of MONTGOMERY ss On this end day al July , =[m before me personally appeared Nathan J. Iangarle. win ncknowladged hfmseIf to ba the Assistant Secretary ofd Mai Liberty! for Mtheutual IrstranCe purposes Company. The Ohio Casualty Company. and West American Insurance Company, and he as such, being authored so to do, execute the foregoing instrutherein calmed by signing on behalf of the corporations by himself as a duly authorized officer. 1H WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. p. u q�Henp'F�`.cr J. u �1 or ay: FemT esa Pentane, Notary Pcrbrrc This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casuaky Insurance Company, liberty Mutual Insurance Company, and West Am-ncan Insuance Conpany which resolutions are maw in full force and effect reading as fdfows. ARTICLE IV -OFFICERS: Section 12. Power of Attorney Any officer pr other official of the Corporation authorized for that purpose in wiling by the Chairman or the President and subject to Stich imitation as the Chaiman a the President may p•escrde, shall appoint such attorneys-in•fact as may be necessary to en in behalf of the Corporation to make, emote, seal. acknowledge and deliver as surely any and all undertakings, bonds. recagnizances and other surety obligations. Such attorneys -in -fact subject to the lir'litabuns set forth in their respective powers of attorney, shall hate fill power ro bind the Corporation by the sigoature and execution of any such instruments and to attach thereto the seal of She Corporation, Men su executed, such iratlumtnts shat be as binding as if signed by the President and eltesred to by Me Seaatary, My power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the aficar or officers granting srrch power or authority. ARTICLE XMI — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any dicer d the Company aulharitad for that purpose rn writing by Diaohakrnan or the president, and subject to such limittabons as the chairman at the president may proscribe, shall appoint such attorneys -in -fact, as may be recessary to act in behalf of the Company to make, execute, seal. acirnpwledge and deliver as surety any and all undertakings, bonds, recograzahces and other suety ob igstons, Such attorneys -in -fact subject to the limitations set forth in their respective pourers Of attorney, shall have tuff power le bend the Company by the/ sagnature end executon of any such instruments and to attach Itrueto the seal of the cornpany. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant le the Bylaws of the Company, authorizes Nathan J. Zangerfe, Assistant Secretary to appoint such attaneysin-fact as may be necessary to act on behalf of the Company to make, execute, seal. acknowledge and deliver as surety any and atf r mdenakirigs. bonds reeognizences and other surety obligations Authorization — By unanimous consent of the Company's Board of erectors, the Company consents that facsimile of mad anically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney slued by the Germany in connection with surety bonds, shall be vaid and binding upon the Company with the same farce and effect as though manually affixed. I, Renee C. uew9Nyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Cannpany, Liberty Mutual insurance Company, aid West American Insurance Company do hereby certify that the rxiginal power of attorney of which the foregoing is a full. Litre and correct copyof the power of Attorney executed by said Companies, rs In full force and effect and has not been reveled. IN TESTIMONY WHEREOF. I have hereunto set n,y hand ono affixed the seals of said Companies this 26th day d May 2026 Renee C, Llewellyn, Assistant secretary vie 08 BA a. Et 0 w cE tv L� co sQ Y o w= l L o 6 IHtS•, 2eT5 LM C 6C C WA C nnl9n Co 02.04 Performance & Payment Bond STATE OF WASHINGTON ) } COUNTY OF KING NON -COLLUSION DECLARATION S5. C-5 The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project narned City Hall Roof and Guttwer Replacement. (r€(i L o & 11It-H riatje9fF Signature of Authorized Official i VYW Title Signed and sworn to before me on this 1I tt"' day of / " , 207 lib_ Signature of Notary Public in and for the State of Washington, residing at Nw(%111 III f [ My aPPoi Igtcr►5 lI QA�r'r,Ayi . ci ` SEAL 3 154064 as 4,74 A �t- ,`r etwiv�� �� NOTICE TO ALL BIDDERS r�tlrl OF wo,S To report bid nI) ctivities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free `hotline" Monday through Friday, 8:00 a.rn. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 69