HomeMy WebLinkAboutCOW / Special 2026-06-22 Item 4A - Contract - Lower Green Riverfront Master Plan with Mithun for $380,000City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
AGENDA BILL
ITEM NO. � �k
4.A.
Agenda Item
Sponsor
Legislative History
Contract Award to Mithun for the Lower Green Riverfront Master Plan
Sherry Edqukj.Levee and FloudpluinaProject K8unager
Public Works Department
June 22'2U2S Committee ofthe Whole
June 22, 2026 Special Meeting
Recommended Motion [] Discussion Only 0 Action Requested
MOVE TOauthorize the Mayor toexecute ocontract with Mithunfor the
Lower Green Riverfnon[Master Plan inthe amount of$38O.OUO.0O.
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 8 C8pU8| Improvement Program (C|P) project
and is also included in the Citv'S Surface Water Comprehensive F'|8n. The project received grant
funding in the amount of$325.O0O from the Washington State Department of Eou|ogy, which prioritizes
flood risk reduction through u multi -benefit approach that integrates ecological and habitat neatunaUon,
public access impFOvementS. StOrmvv8ter08n8Aement, 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|Othe Citv'S SOUthe[O limits. This multi -benefit planning effort will eDgGQ8 City
departments and the broader community to help guide future flood protection facility priorities through a
holistic and integrated GppnOGCh 3ddn8SGinA eC0|OgiCG| and habitat restoration, public access,
stormwater management, development opportunities, public art, and community connectivity within a
highly COOSt[8iO8d U[b8D river corridor. The p|GO is intended to help 8DSUr8 that future flood pPDt8CtiOO
facilities are thoughtfully integrated into the surrounding urban environment and adjacent properties.
A Request for Qualifications (RFU) was advertised On Aoh| 1 and Auh| 8. 2026. in the Seattle Tirn8S
and the Daily Journal of Commerce. Eleven firms submitted Statements of Qualifications. F0UOvvng an
initial 8V8|U8tiOD, four firms were ShOrt|iSL8d and invited to participate in iOt8n/iHVVS. Firms were
evaluated based ODthe RFC}criteria, including relevant experience, project Und8rSt8OdiOQ'iDtegr8t8d
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 RiverfrontMaster Plan. Following consultant selection, staff negotiated anot-to-axceed
contract amount consistent with RCW 39.80 and the City's Purchasing and Contracting Policy.
FINANCIAL I PACT
Complete for all items with fiscal
Disclaimer: Final terms and scope
implications
of work subject to review by the City Attorney
i Expenditure - Budgeted
® Expenditure - Unbudgeted
Expenditures:
Fund Source:
$380,000
$233,750 (Ecology FCAAP Grant)
$146,250 (Surface Water Enterprise
Fund)
At Expenditure - Grant -Funded
® Revenue — One -Tune (e.g.
asset sale, surplus equipment)
® Revenue - Ongoing
Contractor (if applicable)
Mithun
Scope of Work
See scope and fee exhibits
Amount
$ 8 ,000
Duration
Twelve months; grants expire on June 30, 2027
Additional Comments:
grant funding expiring on June 30,
engagement to shape the overall
This agenda item for contract award
2027, and to allow sufficient time
plan.
is being fast tracked due to
for community and city .epartment
ATTACHMENTS
Draft Contract with Mithun Scope and Fee
FCAAP Grant Agreement
Capital Project Summary (202 a-20 ) - Lower Green Riv rfroont Master Plan
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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. jnsurance. 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. Independent 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
City Clerk's Staff ONLY. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
** Consult
n
t signature to be obtained by
sponsor staff. *`*
CONSULTANT: Mithun
By:
Printed Name:
Title:
10
June l2,2826
Ms. Sherry Edqukd
Levee and Floodp|oinsProject Manager
City ofTukwi|a-Pub|ic Works
Tukwila, WA
Re: Lower Green Riverfrort8Aooher Plan: Draft Scope cfWork AAKhun Project
No.26258OO
Dear Sherry,
Thank you for meeting with ustoadvance the Lower Green Rivmrfront
Master Plan scope, schedule, and budget. This revised draft clarifies what
the Mithunteam will do, where the work will focus, when decisions and
deliverables are due' and how the work will be reviewed so the plan can
befinalized inearly May 2O27and positioned for Planning Commission and
Council adoption byJune 2O27.
The scope follows the work plan structure in k4ithun's RFQ submittal,
integrates the Washington State Department nfEcology FCAAPgrant
requirements, and incorporates your follow-up comments regarding adding
local ortist-in-rosidonoo'Sarah Kavago'and review ofthe Lower Green
River Corridor Visioning report. It assumes scope and contract confirmation
will be completed inJune 3036'with kickoff in mid/late July 2O26.
YVehave assumed the Park Commission will serve asthe Commission
Advisory Group (formerly resident learning sessions).
Sincerely,
UMNAPIANOON
Sandra Girgis
Senior Associate, and Project Manager
Enclosure: Draft Scope of Work; Schedule
cc: Deb Guenther, Partner in Charge, Mithun
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Geography
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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.
Study area context map.
Background
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TheCityofTukvvilaismdvonoingthoLowo/Gne*nRiverfnontMosherP|ontoostob|bho|ong-t*nn'
implementable vision for the Green River corridor between 1-405 and the southern city limits. The corridor
is mode upofcomplex intersections of flood risk management infrastructure, ecological systems,
transportation networks, and adjacent urban development. Existing levee systems and f|oodp|oin
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
Lower Green River -front Muster Flan - SCOpe Ot Work
Mrthun Proted tr, } 625 ,Ctat
Overview
Timing
Phase
Purpose
May/June 2026
Mid/Late July
2026
Jul 2026 - Apr
2027
Jul - Oct 2026
Oct 2026 - Feb
2027
Jan - Mar 2027
Mar - Jun 2027
Mobilization / scope
confirmation
Kickoff
Task 2: Public Engagement
and Agency Alignment
Task 3: Analysis, Synthesis
and Future Development
Considerations
Finalize scope, fee, schedule, review protocol,
SharePoint/tile-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
storymap.
Desktop analysis, prior plan synthesis, technical
baseline assumptions, zoning/economic baseline
assumptions, and priority geography selection.
Task 4: Vision and Concept Vision, principles, programming -to -place exercises,
Development alternatives, segment studies, visualizations, and
preferred direction.
Task 5: Funding and Funding, governance, acquisition/easement
Implementation Strategy screening, priority projects, phasing, and
implementation framework.
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
Lower Green River -front u ter Flan - 7 i.r, l SCOpe Walk
Mrthun Proted tr, } 625 ,Ctat
Team ro
es
Firm: / group.
Rote
Responsibilities
Mithun
Community
Engagement
Partnerships
I-1DR
ECOnorfhwest
Sarah Kavage
Ci
Tuk°il
Ecology, KCFCD,
Tribes, residents, implementers.
businesses and
property 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,
GIS/StoryMap, 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,
constructability, and future permitting risk. Provide
technical QA for concepts and project cut sheets.
Provide strategic light -touch implementation advisory: up
to four 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
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Scope of ork
Task 1 Project St+;;rt® ana e ent + ork PlanConfirmation
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 Pudic En a e ent an n en t ith
a
ents an . encies
Key tasks
• Develop a public engagement plan, message framework, accessibility/language approach,
and review protocol for all outreach materials.
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° Create ofacilitation guide |obeused bycommunity connectors, high azhoo|heochers.ortisd-in'
reaidence1ha|pnovdesodvocooybosedma|oha|sond resident shared learning curriculum
focused on river history, flood risk, habitat, public access, cultural use, and the programming-to-
placequ*uhon:"VVho|expehenoesdopeop|evvon|tohavea|ong|hehverandwheredo|hey
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, oodirected.
° 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.
° Upto2community events such osthe exshngcivics'group' orVietnamese Church New Years
celebration
° Support City -led Tribal coordination by preparing meeting materials, maps, and
tech nica I/clesig n 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 sforymopthat can beused externally toshare context and engagement with project
and internally todocument 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
° AncG|S online Story Mop both for internal and external purposes
° One art -making based community event
° Upto2community events for targeted engagement
* Tribal coordination support materials.
* Engagement summary inword
Task 3
�
nalysis, Synthesis an
Future *evelo., r0ent �'_'@Ms
�
erations
Key tasks
° Complete searchable literature review and synthesis ofplans, 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 inthe Master Plan.
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milhonP��eotNo 2625800 June l2,2026
° Prepare the grant -required desktop analysis of existing levees, watercourses, adjacent
properhea, chhoa| on+os and existing / planned transportation features for inclusion in the DnnO
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.
° ECOnm1hvvestviU 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 bemost 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 oreasement criteria, and select up to4priority sites for further
study.
° Conduct Commission advisory group #l: current river use, desired future activities, bonieo to
river access, and discuss existing and future ou|furo| relationships fothe 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-
plansynfhedsnnenno
• 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 (I hour) to share
the findings and risks; Ecowill facilitate the discussion and questions needed foaddress concerns
early on._
° List of city department and community priorities for programming and amenities
° H[)Rtechnical constraints/opportunities memo.
° Upto4priority sites |ostudy
0 lworkshop with Flood control/King County/VYR|AStakeholders
17
k^w(-NGreen Rivet I mn�moderPlon-DnO3cu0�o[Woik
milhonP��eotNo 2625800 June l2,2026
Vision, Pro
n*-to-Place
n* '� once
�
�
evelo
ent
Key tasks
, Develop draft vision, principles and community priorities from technical findings, stakeholder
input and public engagement for discussion incommission 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
cuUoro|/community activities should the hverfnontsupport? How dopeople want 10get toknow
the river mspart ofthe culture ofTukwila? 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 ismissing, 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 oland 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 HDRand ECOnorth*est.
° Hold Interdepartmental Workshop #3 to discuss alternative strategies to achieve vision and
redevelopment approaches
° Conduct Commission advisory group #3tnreview 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
k^w(-NGreen Rivet I mn�moderPlon-DnO3cu0�o[Woik
milhonP��eotNo 2625800 June l2,2026
DeOvenab|es
° Provide draft and final evaluation criteria for opportunity site acquisition options
° Technical review comments onalternatives and concepts byHDR
° One aerial district view.
° One urban design framework map.
° Uptofour p*opeohves/vigneUes.
° Up to four priority site studies with conceptual site plan, land use and development summary,
and feasibility score developed byECONorthvvest
° Public engagement summary for o|temotives/pneferred direction.
° l workshop with Flood control/King County/YVR|AStakeho|deo
Task5FWM
Key tasks
�
an
�
e
° Conduct Commission advisory group #4toreview 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, ocUoining'propedyinvedments'
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 ond|ong'term
coordination among City departments, Ecology, KCFCD, parks, agencies, Tribes, property
owners and implementation partners.
° Explore preliminary concepts and cost estimates for upfothree priority projects tobe
determined, with priority projects se|ecfed through the planning process and, where
appropriate, aligned with current KCFCUC|Pprojects ond|eveesegnnents.
° HDR will confirm planning -level technical assumptions and identify future modeling, survey,
geotechnical, design, permitting, environmental review and cultural -resource steps needed for
implementation.
° MithunwiU integrate implementation strategy into the Master Plan narrative, priority project list,
segment studies and adoption materials.
19
nerthun..corn
[rower Green Riverfront Master Pion -- Draft Scope of \Nork
tvlithun Pfcsject No.. 2625800 Arno .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
ft
aster Plan, Fina aster Plan an
o tion Su ort
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
k^w(-NGreen Rivet I mn�moderPlon-DnO3cu0�o[Woik
milhonP��eotNo 2625800 June l2,2026
liss[1f'
r`�-��/�[����
° One consolidated City review cycle per deliverable. City coordinates department, Ecology and
stakeholder input and nstoms one reconciled comment |nA.
° Standard review window: 5 business days for memos, engagement motoho|s and interim
packages; 10 business days for Draft Muster 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 nrdeeper tech nico|/nconnmic testing draw from
contingency nrrequire amendment. Contingency reserve isintended solely for unforeseen
conditions nrCity+outhoho*d scope changes and shall not be utilized without prior written
oppnzvo| from the City.
" Ecology review ofeducation/outreach materials is built into the schedule before distribution as
required bythe grant agreement.
° City will lead translation of materials for main languages relevant to the project area.
° City will |mod Tribal coordination protocols and invitations; the consultant team will support with
nnotoho|s' rnops' issue tracking and integration of input.
° City will lead and send mailed notices, unless separately authorized.
° City will print materials, except for the $l'OOOprinting allowance identified inthe budget.
° City will upload each meeting attendance log and meeting agenda in EAGLond notify the
Ecology Project Monoger.
° City will request written approval from Ecology before light -refreshment reimbursement is sought
for public meetings.
° The consultant team will cnyotm digital files and moheho|s suitable for City/Ecology nsvevv 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 Coun1y, HOR. NHC
or other sources as part of the data request, new modeling is excluded. Updated hydraulic
modeling results from NHC'ifavailable during the planning process, may b*reviewed and
incorporated into the work.
° 30% engineering design, construction documents orpermit applications.
° Formal SEPA documentation, detailed property appraisals, title review, acquisition negotiations
orlegal services.
° Code amendment drafting beyond zoning/policy recommendations.
° Detailed benefit -cost analysis orgrant writing.
° More than four commission advisory group sessions, two community events, one Planning
Commission hearing/support meeting and one Council committee/ad option support package,
unless substituted or authorized through contingency.
° More than four segment framework diagrams or four perspectives/vignettes unless authorized
through contingency.
21
mttten,corrt
Lower Green River -front Muster Flan - SCOpe Ot Work
Mrthun Pr 7ted tr, } 625 ,Ctat
Engagement assumptions
Actiivi
Pur • ose / 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
Jul 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 OR code or online feedback
pathway.
Summaries, attendance logs, comment matrix and
response -to -input documentation.
22
rnithur-Lcorn
Graen klvertrant i6loster Picfn DrcItt SCape WOrk
ithun Pr.c)ject No.. 2625800
Budget
Table 1 - Budget Summary
jurle .12, 2026
Table 1 — Budget Summary
firm / CaTegolY
Reconciliation/ se Scope Contingency Total
Est, Labor Hours Labor Amount Direct EXPeoseS Markup /
Total Reserve Authorization
Reserve
Mithun
HOP
ECOnorlhwest
Sarah Kavage
Prinfing
Direct Expenses
Stipends and Food
Base Scope Subtotal
Conlfngency Reserve
1078.5
314,5
144,0
120,0
0.0
0_0
1657_0 $326,839.06 $11A04.15 $11,756,80 5350,000M
0.0
$211,175_20
$74,213,86 $1,904,15
$29,930.00
$11,520,00
$1,000.00
$1,500.00
$7,000,00
1211,175_20
$7,611,80 $83,729,80
$2,993.00 $32,923.00
$1,152.00 $12,672,00
$1,000.00
$1,500.00
$7,000.00
$211,175 20
$83,729,80
$32,923.00
$12,672 00
$1,000 00
$1,500 00
$7,000.00
$350,000.00
530,000.00 $30,000.00
Grand Total Autttorlzotion
1657.0 526,839.06 $11,4 ,15 51 ,7,56. $350,000.00 530,0 . 0 5380,000.00
Contingency reserve is solely for nforeseen condThons 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
rnithur-Lcorn
1....ovver Graen Rlvertrant i\Aoster Picfn Dratt SCOpe WOrk
IVIithUn PrC)jeCt NO.. 2625800
Table 2— Task/Firm Summary
jurle .12, 2026
Table 2 Task :1 Halo $urnataty
Task # InSIK Phase
0C00011ftwo5 $or00 %11101190 Dkoo mipends „ Tot Hag 1001, 10%
:moon io% Ind IQ% prifulnC00000.0000 10101
g ttoototot Food .0Ie .000000000 0* Authorization
Mark" h1tok00 MancUrr
PrDioct Slat- Up, ,Monag,arnent clnd
Wok Flan Confirmation
2 Public Engagement and Alignmerl
wil.kr)epOrtrrtents orld ArjenCies
3
Sy1the5is and Future $17.100.00
Deve,oprPent Consi.deraliom
Ptogfoqarring-io-PIOGe Ond S92,400.00
Conc,cpt Dovolopmerq
FU'dhq Or'd rnPlemer'IOHOn S'7,1egY
Draft Mcntof 9' oo 49 Mostc,,r Plan
and .Adop-lion Support
Subtotal Base scope subtotal
Cont. Contingency reserve
$41,425.20
$12,542.20
535,500.00 $13.999_20
$23.600.70 $7.159,00
510.638.10 011121,01)
3,050,30 011,220,0(1
521,400.0,0 54,689.30 01,848.00
$1,54 000
$2,376.00 557,88-3.4,1
59,108.00 .51 ,cm00 51„.500_00 $7,000.00 $73.11)7.20
$1,188.00
$48,074.70
$114,159,'10
$27,00,30
$29,125.30
$211,17520 583,729.80 532 923.00 512,572.00 51,000 00 51,50000 $7,000.00 $350,000.00
$57..81.2.40
$73, .0.7.2:71
$48,094,70
$114,150,10
$27030,30
$29,125.30
$350,000.00
530 000.00 $30.060.00
Total Total authorization $211.175.20
58.3,729.50 532.423,00
12,672.00
52000.00 $1,5
,00 $7,000.00 5350.0 $30,000.00 $300,000.00
Contingency reserve 'is solely ,t05 unforeseen conditipns or scope. [long. and require5 prier .'rr't orCil, cipprova.
24
MithUnCOM
Graen RIvertrant i\Aoster Picfn DrcItt SCOpe WOrk
PrC)jeCt NO.. 2625800
Table 3 - combined consultant fee table
ii.Jrle 2026
(1—{,445 ed•C • ttanIF Sabi
U"Tfr. 1(11.1 Wham. tolowo ii94411/..kt30744.4 50077774447 774445007
00441750 00408
'011.7
7337337
1.37.377 3.71.7 00.737 0407333.
.774 3.373707 7-37,7737,37 3 3.77.77.033
33330,7303.31 1.3.4
7.7.7 .703773, .773.37073.7170
37.7. 70.1.0771
70.77r 33333.737
1730.00 T. 207 377 70
172730.110 33 0 35.3 07
373000 1211 130.7 1707 75.n
011.0 4.0 27 13.0 353 07,
24.
34771-7777 1130.73C. 073 IC.3 377 107 177
73777. (.0,555,,00 ,,,,i 37 733773 1130.1170 13.0 10330 7705 70 300
E3.707.33333
3331.3 Re5,,,,,,,i. 0777.1334 l Pe, 0770773737171.130 70 00 n c, Go co 77 70
73.017-773743 307.37 337130
371313131.77.373113537-331 57.4740331 14731 234,0 550,0 41/4,3 170 102,0 2078.0 5111830,20 221 t,12310
7.3 55155, 77777.777 5^5.I.5,5, 9,1, 8, 2,0 , 50 2, 25,10, .
,(0, «.,:r PFoj551. Acr,555,t51 $045.11 0.,, 0.0 DO . 0, 00 170 5.04 37.773.317
H. 133. 13.71 7 437 3.731.7137 133037 07 0.0 37 0 377 ' 0, . IC0 30330 33
717773 .703 3135 IA . 73 31.0 IC 0 v.,. . 1,7457,
,., (ohnr , cu.. 333077.3 7,417,333 374748 30 6, T. . 4.0 5, ”.,5, 4 . 7 40 3 07 55 I,H5OR
7103 347,33 . 03031377.01377,3407 .4.3 83 .1 , 6.0 77 0 773 7, 70 2. 47032 83 397397373
303 I 377771 VI .f 134.71 . 00 373 730 37 4715573 373735.517
717333 3.777 37703010777143777 .12373 545 710 C, 7 0.0 707 3 0 43073 IC V, .7
5105, 15,55,, ,11I 474 77 3.0. f) C OA C51:1 :11142455, .
7 3,0r 733. 03373,13 373.7701 00 1037 700 70 70 73.3. $55.54.1. 43 443.43
0E77 7 7,73. 7.431f`5,5,5,3 122,5 8 0.0 US, 4, 1, $6.a. 22 5,8.02
HER 0303.7007.73 3.3373733.77 cr... 3133. 773313 70 00 00 . co, - , ,,,,,,,5
Ho, 77,77.777 10.377 77777.37777 30 NM 777.771737.1 0.13 00 737 07 10 00 I-7.31 070 7337, .,
173.77
1.773.7r
ECOmeffrwed 1.1.1 308.01
170
12.3.45;,..co
3571.233 33.3
7375 .3.37.000.37
1770 42720000
307 38.533.C7
1,34.803.30
333.20
323.450,7X5.0
573.377133073
3732,730
$37,1300
3571,710.1.00
335 30
fiAte Sub(0.4 :Subl,(tal .4411 44A 110,6 04,44 OA ILO 2.4. 514573.00 Su.. 4-7„811,40 203,759,00
I 473.7. .70017 730,71 331070 7.0 3, . Mt 00 . t5 A. C. ...50,1
f154501 7 04.733 .mort, ,,, e..,, ,c, 1.o , , 6 , 1,110 N. 32730031
3013.777773771 Lot,. 737.170133.70,34 1133.M 37 00 20.3 2310 4,5 57., 3, 37350,
777777,717733 4145,0 3.0 3 0. 0 0 173 75, 00 470 45735 07 33,933.3
.770033713.3 337 .7707.77.3 70 07037 00 70 00 073 770 00 3.73
370073.113.377 73,1770 In ,55.5, ,5 EC,,,Inwr, 70 UP 70 CO 070 00 70 P.773110 3.073377
00 CO Mt 40.0 050 TA 144.0 320.730„013 32,94100 332,123,00
•S,,,, ,,,,,,,),( (.,, 34433773,313073 135.00 1337 40.0 0, 37.77 47320 30
733717 37,737 47,77 T.,, ,,,C• 4, C . . 0.0 AII,57
,FreW,
Sorct( 7n001j03s04005 Subtaial
33337, 3,0733 £7,01773 3.337331733
7033007 C70.33 7.3377 37330737
077. 33.7.7.377 073.7775,,,,55 ,,,17/7073
050 0805450e
Etb.i01
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Conilape(,,kesewe Rvserve
1175440s874Loaia*It uagre•
stmts. oNy
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202.0 414.0 2601
0,0 CO 00 0.0
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00 07 03 303 0.0 07 .3 7.707
31.737.370
573.7. co
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SR.StIOSO
1047A 5326.43,00 St L404.16 $11,71130,0110.00,
0,0 500.000(00 SHADOW
( $1,300.00
Grand 1(.14
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10774
202,0 (134(0
0404
113,0 113,0 1357.0 2024,83,44 351(404•11 501,953,80 0.80000.00
Schedule
25
rnithurNcorn
Graen klvertrant i6loster Picfn Droll Scope or Work
ithun Pr.c)ject No.. 2625800
Lower Green Riverfront Master Plan
Sc hedulel Work. Non
PPODO, 24D2
Phase 212tect Start Up and Management
Clionq Check -in mee21,2s
Phase 2 Cern
Engagemen1 Nan
Convnimion Achtory G222 Ses2on,
Communkty Evenk
Inte,2aP4*dm,2nia1Work,hop$ M2')
Phi2;'3 4l;4;412Syt2t;s9 4*44 F40
Refierence ,documatv zywheds r004l12
Opporiurgies and Canstahla presentafion
1092 lect222 constointr10ropolooPre5 memo.
PhEi34. 4 Viston, Alternaltves and Concept DewelopmeM
4122.0. {.2,2 PIE2,:12,0 DiroOpIrn Poefrocro
[9311 Artwootkv
Pretened AleanaNve
Phase 5 funding end limplementation Strategy
Roquisilion ad*..ary mama
Funding Sirotefy .44e,12,
Phose 04*M/44inal Mosier' Pion
DroPr Pro$rer PK444
Pirro M002 Pars
Plarrftr.OrrorreriDon p002o401 o01
CouncR presenk2ion
43
tr^
43
111
44
Z27
Cc
it/A..1e .12, 2026
4 4'2 2,
IEGEND
2,M.$ *1;106,0
,n4c44,'.iibrom 2.1P-4,16241a
fl
242 44: thG.12
,4404,2400211
IDW 022,4)1
2440,040,11.444 42.0 sSar.
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lirrirkr,r;
4.2.240artomerrroma
pro,: rro,ror
.„„
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Reorinq Petomn,,dof,on
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-24,44 (2,nrri,2, Aaapflan may acc2 22,,,22a
26
Docusign Envelope ID: 77E10B01-E069-4AE9-9B84-F7D2B4ECAD14
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 1-405. 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 Page 2 of 24
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.
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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 Natne: City of Tukwila Public Works Department
RECIPIENT INFORMATION
Organization Name: City ofTukwila Public Works Depal nem
Federal Tax ID: 91-6001519
UEI Number: LTEQINZIC26C8T3
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:
Contacts
(206) 433-0179
Page 3 of 24
Project Manager
Sherry Edquid
Project Manager
6300 Southcenter Blvd, Suite 100
Tukwila Washington 98188
Email: sheny.edquidatukwilawa.gov
Phone: (206) 431-2456
Billing Contact
C
atrien de Boer
Public Works Grants Analyst
6300 Soutlicenter Blvd, Suite 100
Tukwila, Washington 98188
Email: catrien.deboer@tukwilawa.gov
Phone: (206) 482-9199
Thomas McLeod
Authorized
Mayor
Signatory
6300 Soutlicenter Blvd, Suite 100
Tukwila, Washington 98188
Email: thomas.mcleodEvtukwilawa.gov
Phone: (206) 431-2445
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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 Natne: City of Tukwila Public Works Department
ECOLOGY INFORMATION
Mailing Address: Department ofEcology
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: Inak461@ecy.wa.gov
Phone: (360) 867-8171
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State of Washington Department of Ecology Page 5 of 24
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 teirris 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
Department of Ecology
By:
DocuSigned by:
tai t,loi
® B6D7C30154A2462...
3/4/2026
Joenne McGerr
Shorelands
Program Manager
Template Approved to Form by
Attorney General's Office
Date
City of Tukwila Public Works Department
By:
Signed by:
wtaS M4t,01,
-AFF24150545R44C:
3/4/2026
Thomas McLeod Date
Mayor
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State of Washington Department of Ecology Page 6 of 24
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:
452
City Attorney
Andy Youn-Barnett
i—Signed by:
2FEBD44FF6A8423...
2/24/2026
Date
3/4/2026
City Clerk Date
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State of Washington Department of Ecology Page 7 of 24
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 co
all stakeholders.
unication to
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
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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
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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.
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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
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.
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State of Washington Department of Ecology Page 11 of 24
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:
Is this Funding Distribution used
Approved State Indirect Rate: 0%
25%
Yes
Yes
o 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
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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
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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
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.
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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
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 debartttent 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 inforitlation 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
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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
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.
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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
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 Infonnation 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).
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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
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in
the project IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and
Historic Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
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@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
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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.
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
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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
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.
I2. 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-Infoi,nation-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.
1.5. 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.
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State of Washington Department of Ecology Page 20 of 24
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
I6. 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
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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
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, perfoiinance, 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
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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 shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable
times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized
expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or
repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year
from the time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
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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
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.
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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
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
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2025 - 2026 Biennial Budget
City of Tukwila, Washington
Vitn\VIMM
PROJECT:
CITYOF TUKWILA CAPITAL PROJECT SUMMA
2025 to 2030
Lower Green Riverfront Master Plan
1
".talkXiMMIMAIMEMINS
Project* 725412
Project Manager Joshua Hopkins Department Surface Water
IDESCRIPTIOM
STIFICATIO N:
TAMS!
MAI
Flood protection projects sponsored by KCFCD and federal partners are imminent. City will need to begin
master planning immed iately in order to guide aesthetic and community considerations of these projects.
Th e Tukwila Levee ACcreditation Riese 1 (NHC., 2015) & Phase 2 (hIFIC. 2019) areguiding dOCU filen ts for City flood hazard management priorities and recorrintendations for implementation en the 205 Levee. The
KCFCD has adopted the prioritized projects to the KCFCD CIF' tistfor imiptententation. Cityneeds to plan
and develop preferred ahem ativtts to guide the KCFCD CIF" implementation.
Project CI P identified in 2024 SurfaceV'ilater Comp Plan. Funding needs to be budgeted and en REQ113FP
advertised to contract with a consultant.
CE IMPACT: N/A
AqiiiiVittagal'aliitalinla14. VftRktiliSliktikAi' :
'FINANCIAL On thousands)
iisaxiakkka •
2025
vitiataiiiiliftaimm:
2026
" %1- aa'it6gaiim*atbtxtic:
2027
.
2028
miatat
2 29
imionlineaita
2030
tixiiam,
Beyond
ic*. ' %lagkiiintainni,"
TOTAL
i
1Project Costs
Project Mgmt (Staff Time/Cost)
!Planning
$ 30
$ 275
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 30
$ 275
otatProjectCosts
305
-
-
-
-
-
-
305
Project Funding
ilitility Revenues
1
I
305
-
-
-
-
-
-
$ 305
Tote i Project Funding
305
-
-
-
-
-
-
$ 305
51