HomeMy WebLinkAboutContractAQUATIC FACILITIES PROGRAM
CAPITAL PROJECT GRANT AGREEMENT
Department/Division: Natural Resources and Parks / Parks and Recreation
Grant Recipient: City of Renton
Project: Henry Moses Aquatic Center Updates
Award Amount: $904,440 Project #: 1144468 Contract#: 64166476416647
Term Period: To 11/30/2025
THIS AGREEMENT is a grant agreement entered into between City of Renton (
and King County (collectively as the
a capital project for development or improvement of a publicly owned pool using a
Parks Aquatic Facilities Program grant.
RECITALS
A.Ordinance 18890, which took effect May 13, 2019, called for a special election to
authorize the King County parks, recreation trails and open space levy. On August 6,
2019, King County voters approved the levy, which included funding for development
and improvement of publicly owned pools.
B.Motion 15378, Section A.4., and Attachment D, further delineated the use of levy funds for
the Parks Aquatic Facilities Grants Program and the guidelines governing that use.
C.Ordinance 19166, Attachment C established the grant award criteria and the process for the
distribution of Parks Aquatic Facilities Grants as well as the proposed composition of an
advisory committee to review and make recommendations on the grant awards.
D.King County, a home rule charter county and political subdivision of the State of
Washington, is authorized to administer the Parks Aquatic Facilities Grant Program and
enter into agreements for the use of the grant funds with King County towns, cities,
metropolitan parks districts, and other public entities that own an aquatic facility for
capital projects for the development or improvement of publicly owned pools.
E.Grant Recipient is a(n) City or Town in King County.
CAG-24-057
F.The Parks Aquatic Facilities Grant Program Advisory Committee
has recommended an allocation of levy grant funds to specific projects,
pursuant to Ordinance 19666.
G.King County has selected Grant Recipient to receive a Parks Aquatic Facilities Grant
award in the amount of $904,440
or develop a publicly owned pool, a Project described below and in the attached exhibits.
NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS
1.DEFINITIONS
1.1 Project.
The , and construction of the Facility
described in Exhibit A. Grant Award Funds available pursuant to this Agreement may
only be used for the Project. To complete the Project, Grant Recipient shall use the Grant
Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B,
consistent with the requirements set forth in this Agreement and in the following attached
exhibits, which are incorporated herein by reference:
Map of Facility and/or Schematic Attached hereto as Exhibit A
Scope of Work Attached hereto as Exhibit B
Project Budget Attached hereto as Exhibit C
Insurance Requirements Attached hereto as Exhibit D
Certificate of Insurance and Endorsements Attached hereto as Exhibit E
Notice of Grant Attached hereto as Exhibit F
Cultural Resource Preservation Requirements Attached hereto as Exhibit G
1.2 Map of Facility and Location. This Agreement applies to the Project to improve
or develop the aquatic or pool facility/site
Henry Moses Aquatic Center, 1719 Maple Valley Hwy, Renton, WA, 98057
See Exhibit A for a visual depiction of the Facility via a map and/or schematic
(including boundaries) for the physical address noted above.
1.3 Scope of Work.
Exhibit B, which describes the Project in detail and
includes a description of the various design, development, permitting, and
construction milestones required for completion of the Project and intended use of
the Grant Award Funds. Grant Recipient shall apply the funds received from the
County for the Project under this Agreement in accordance with the Scope of
Work, attached hereto as Exhibit B.
1.4 Project Budget. Grant Recipient shall work with King County to develop a Project
Budget , attached hereto as Exhibit C. King County shall
provide the Grant Award Funds to the Grant Recipient to pay for costs and
expenditures related to the Project, as set forth in Exhibits B and C. Grant Award
Funds provided to Grant Recipient may only be used to pay for costs and
expenditures related to the Project, as set forth in Exhibits B and C.
1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant
subconsultants.
2.EFFECTIVE DATE
3.TERM
11/30/2025. This Agreement shall remain in effect until such time as it is amended in
writing or terminated as provided herein.
4.AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the
Parties. Either party may request changes to this Agreement, however, changes that deviate
substantially from the proposal submitted to and approved by the Advisory Committee and
the King County Council will need to be approved by those entities.
5.NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses first set forth below via electronic mail.
KING COUNTY CITY OF RENTON
Parks Grant Manager Carrie Nass
Community Investments Unit Director, Recreation Division
King County Parks City of Renton
201 S Jackson Street
Suite #5702 1055 S. Grady Way
Seattle, WA 98104 Renton, WA 98057
206-848-0699(206) 263-8769 425-430-6624
parksgrants@kingcounty.gov
asleano@kingcounty.gov cnass@rentonwa.gov
*NOTE: Personal contact information for your assigned grant manager is available in
the grant management system
Either Party hereto may, at any time, by giving ten (10) days written notice to the other
Party, to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
6.DISBURSEMENT OF GRANT FUNDS
6.1
Grant Award Funds to Grant Recipient, upon execution of this Agreement, and
-approved completed Scope of Work and
Project Budget (see Section 1 and Exhibits B and C).
6.2 The County shall initiate authorization for payment and disbursement of Grant
Award Funds after approval of sufficiently detailed Project-related invoices
submitted by Grant Recipient. The County shall make payment to Grant Recipient
not more than thirty (30) days after a complete and accurate invoice and any other
required documentation is received and approved.
6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit B) and
Project Budget (Exhibit C), no later than thirty (30) days after the Contract End
reports are not submitted by the day specified in this subsection, or if such final
documents are not approved by the County then the County shall have no
obligation to pay Grant Recipient unless and until Grant Recipient submits, and
the County approves, a properly completed invoice. Grant Recipient must submit
a corrected invoice within 30 days after receiving notice of an improper or
incomplete invoice.
7.GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement and accrued interest
therefrom must be accounted for separately from all other Grant Recipient accounts and
moneys. Until the Project is completed, and all proceeds provided pursuant to this
Agreement have been expended, the Grant Recipient shall provide reports to the King
County Project Manager on a schedule determined by the County.
8.COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B,
and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by
the Scope of Work and deliverables set forth in Exhibit B, the County shall be released
from any obligation to fund the Project, and the County in its sole discretion may
reallocate such funds for other projects in other jurisdictions in accordance with
Ordinance 19166 and Motion 15378.
Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds
for a purpose other than completion of the Project as approved by the Advisory
Committee and King County Council.
9.COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Grant Recipient
following manner:
9.1 Events: Grant Recipient
events promoting the Project, and at the final Project dedication.
9.2 Community Relations: Grant Recipient
releases, and other promotional material related to the Project.
9.3 King County Parks Notification: Grant Recipient shall notify the King County
Parks Grant Manager thirty (30) days prior to any major milestone, such as a
groundbreaking or opening dates.
9.4 King County Council Notification: If Grant Recipient is a city or town,
notification to the King County Council thirty (30) days prior to any major
milestone, such as a groundbreaking or opening dates, is required.
9.5 Signage: Grant Recipient
a funder/contributor of project/facility. Grant Recipient is required to use
appropriate King County logo on any signage and communications.
10.DISPOSITION OF REMAINING GRANT AWARD FUNDS
If Grant Recipient does not expend all proceeds obligated to be provided through this
Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For
Grant Award Funds obligated to be
provided by the County plus interest accrued by Grant Recipient on the grant funds. Any
proceeds in excess of those required to be provided by the County for the actual costs of
the Project shall remain with the County for use in its sole discretion.
11.PUBLIC ACCESS
The Grant Award is provided to Grant Recipient for the Project for the purpose
development or improvement of publicly owned pools in order to improve access to
recreation, competition, and education at public pools and aquatic centers for the citizens
of King County. Therefore, Grant Recipient and any successor in interest agree to
maintain the Facility for public use as required by Ordinances 18890 and 19166, and the
Parks Capital and Open Space Grant program requirements specified in Motion 15378.
The Facility shall be open and accessible to the public at reasonable hours and times.
Grant Recipient shall notify the public of the availability of use by posting and updating
that information on its website and by maintaining at entrances and/or other locations
openly visible signs with such information. Fees for use of the Facility shall be no greater
than those generally charged by public operators of similar facilities in King County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for public use is thirty
(30) years. If the Facility is retired or otherwise removed from use before the end of the
thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to
King County. duties under this Section 11 will survive the
expiration or earlier termination of this Agreement.
12.NOTICE OF GRANT
Upon completion of construction of the Facility, a completed Notice of Grant will be
provided by King County for execution, a sample of which is attached hereto as Exhibit
F. Upon final execution of the Notice of Grant, Grant Recipient and/or the legal property
owner must record a copy with the appropriate County offices.
13.CONSTRUCTION OF THE FACILITY
13.1 Capital Improvements.
Grant Recipient shall design, develop, and construct mutually agreed upon
Facility, features, and amenities in accordance with all applicable design(s),
timelines, restrictions, environmental considerations, permitting determinations,
neighborhood impact mitigations, and all other requirements. All contracted work
by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded
and properly insured to ensure the complete and safe design and construction of
all facilities, features, and amenities. As between Grant Recipient and King
County, Grant Recipient will be solely responsible to comply with all applicable
authorities and to obtain all necessary permits, approvals, and endorsements for
the Project.
13.2 Warranties.
With respect to all warranties, express or implied, for work performed or
materials supplied in connection with the Project, Grant Recipient shall:
Obtain all warranties, express or implied, that would be given in normal
commercial practice from suppliers, manufacturers, contractors, or installers;
Require all warranties be executed, in writing;
and
Be responsible to enforce any warranty of a contractor, subcontractor,
manufacturer, or supplier.
If, within an applicable warranty period, any part of the Facility or work
performed to construct the Facility is found not to conform to specifications,
permit requirements, or industry standard, Grant Recipient shall correct it within a
reasonable timeframe at the determination of King County.
13.3 Right to Inspect Construction.
King County personnel or agents may inspect the construction project at any time
provided that such persons observe due regard for workplace safety and security.
King County may require Grant Recipient or its contractors to stop work if King
County deems work stoppage necessary to remedy construction defects or to
address risks to health, safety, or welfare. Grant Recipient understands,
acknowledges, and agrees that, King County shall have the right, but not the
obligation, to inspect the Facility construction project before final completion of
the Project.
13.4 Design.
Grant Recipient has retained a licensed architect and/or licensed professional
engineer, registered in the State of Washington, who will prepare a Project design
for the Site and the Facility and exterior landscaping, which visually blends with
the setting. King County shall review the design plans for the Project in concept
and reserves the right to approve the final design of the Project, consistent with
established zoning, design code, or both.
13.5 Construction Site/Work Fencing.
Grant Recipient will be solely responsible for the site work, required permits, and
grading for the Project. Grant Recipient will ensure the work area is properly
barricaded, and will ensure that signage is installed, directing unauthorized
persons not to enter onto the construction site during any phase of development or
construction. Unless otherwise agreed by the Parties in writing, fencing will be
placed around work areas. In addition, construction areas will be kept clean and
organized during development periods. Grant Recipient will be responsible for
site security, traffic, and pedestrian warnings at the Site during the development
and construction phases.
13.6 Alteration of Site or Facility after Construction.
After the Facility is completed and accepted by Grant Recipient and King County
as defined herein, and for thirty (30) years thereafter, Grant Recipient will not
make any material alteration outside of ordinary maintenance to the Site or to the
Facility without express, written consent by King County. Grant Recipi
duties under this Section 13.6 will survive the expiration or earlier
termination of this Agreement.
13.7 Development and Construction Fees and Expenses.
Grant Recipient will be responsible to obtain and pay for all necessary permits,
fees, and expenses associated with the Project.
13.8 Public Works Laws.
To the extent applicable, Grant Recipient will comply with all public works laws,
regulations, and ordinances, including but not limited to those related to
prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see
RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive
bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify
and defend King County should it be sued or made the subject of an
administrative investigation or hearing for a violation of such laws, regulations,
and ordinances in connection with the improvements.
13.9 Contractor Indemnification and Hold Harmless.
Grant Recipient will require its construction contractors and subcontractors to
defend, indemnify, and hold King County, its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits
including attorney's fees and costs, arising out of or in connection with the design,
development, and construction of the Facility, except for injuries and damages
caused by the sole negligence of King County.
13.10 Minimum Scope and Limits of Insurance.
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit D Insurance
Requirements and as evidenced in Exhibit E Certificate of Insurance and
Endorsements.
14. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Grant Recipient shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised
Code of Washington (RCW) Chapter 40.14.
15. MAINTENANCE OF RECORDS
15.1 Grant Recipient shall maintain accounts and records, including personnel, property,
financial, Project records, including Agreement deliverables, and other such
records as may be deemed necessary by the County to ensure proper accounting for
all Grant Award Funds and compliance with this Agreement.
15.2 These records shall be maintained for a period of six (6) years after the expiration
or earlier termination of this Agreement unless permission to destroy them is
granted by the Office of the Archivist in accordance with (RCW) Chapter 40.14.
15.3 Grant Recipient shall inform the County in writing of the location, if different from
the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid
books, records, documents, and other evidence and shall notify the County in
writing of any changes in location within ten (10) working days of any such
relocation.
16. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Grant Recipient
with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant
records regarding this Agreement and the Project upon seventy-two
notice during normal business hours.
17. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Grant Recipient shall comply with all applicable laws, ordinances and regulations in
using funds provided by the County, including, without limitation, those relating to
providing a safe working environment to employees and, specifically, the requirements of
the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable,
contracts. The Grant Recipient specifically agrees to comply and pay all costs associated
with achieving such compliance without notice from King County; and further agrees that
King County, does not waive this Section by giving notice of demand for compliance in
any instance. The Grant Recipient shall indemnify and defend the County should it be
sued or made the subject of an administrative investigation or hearing for a violation of
such laws related to this Agreement.
18. CORRECTIVE ACTION
18.1 If the County determines that a breach of contract has occurred or does not
written notification of unacceptable performance. Grant Recipient will then take
corrective action within a reasonable period of time, as may be defined by King
County in its sole discretion in its written notification to Grant Recipient.
18.2 King County may withhold any payment owed Grant Recipient until the County
is satisfied that corrective action has been taken or completed.
19. TERMINATION
19.1 King County may terminate this Agreement in whole or in part, with or without
cause, at any time during the Term of this Agreement, by providing Grant
Recipient ten (10) days advance written notice of the termination.
19.2 If the termination results from acts or omissions of Grant Recipient, including but
not limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the County immediately any
funds, misappropriated or unexpended, which have been paid to Grant Recipient
by the County.
19.3 Any King County obligations under this Agreement beyond the current
appropriation biennium are conditioned upon the County Council's appropriation
of sufficient funds to support such obligations. If the Council does not approve
such appropriation, then this Agreement will terminate automatically at the close
of the current appropriation biennium.
19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to
expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or
upon reimbursement by the Grant Recipient to the County of all unexpended
proceeds provided by the County pursuant to this Agreement and payment of all
amounts due pursuant to Section 6.
20. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted for herein except as
expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and
agrees that the County shall not be liable to pay for or to provide any utilities or services
in connection with the Project contemplated herein.
21.HOLD HARMLESS AND INDEMNIFICATION
Grant Recipient shall protect, indemnify, and save harmless the County, its officers,
officials, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies
performed or provided by employees or other suppliers in connection
with or support of the performance of this Agreement.
Grant Recipient further agrees that it is financially responsible for and will repay the
County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this
Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
subcontractors. This duty to repay the County shall not be diminished or extinguished by
the expiration or prior termination of the Agreement.
Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and
hold harmless King County, its appointed and elected officials, and employees from and
against liability for all claims, demands, suits, and judgments, including costs of defense
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to any use of or occurrence on the Project that is the subject of this
Agreement, or exercise of rights and privileges granted by this
Agreement, except to the extent of the County's sole negligence.
obligations under this Section shall include:
A.The duty to promptly accept tender of defense and provide defense to the County at
the own expense;
B.Indemnification of claims made by employees or agents; and
C.Waiver of immunity under the industrial insurance provisions of
Title 51 RCW, but only to the extent necessary to indemnify King County, which
waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses, or other
costs to enforce the provisions of this Section, all such fees, expenses, and costs shall be
recoverable from the Grant Recipient.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials,
employees, and agents from any and all claims, demands, suits, penalties, losses damages
judgments, or costs of any kind whatsoever for bodily injury to persons or damage to
property (hereinafter "claims"), arising out of or in any way resulting from the Grant
officers, employees, agents and/or subcontractors of all tiers, acts or
omissions, performance of failure to perform the rights and privileges granted under this
Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as
now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be
included in all Agreements or subcontractor Agreements entered into by Grant Recipient
in conjunction with this Agreement. duties under this Section 21
will survive the expiration or earlier termination of this Agreement.
22. NONDISCRIMINATION
apply to this Agreement and
are incorporated by this reference as if fully set forth herein. In all hiring or employment
made possible or resulting from this Agreement, there shall be no discrimination against
any employee or applicant for employment because of sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression, or age except minimum age and retirement provisions, unless based upon a
bona fide occupational qualification.
23. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and Grant Recipient, Grant Recipient shall be responsible
to operate and maintain the completed Project at its own sole expense and risk.
Grant Recipient shall maintain the completed Project in good working condition
consistent with applicable standards and guidelines. Grant Recipient understands,
acknowledges, and agrees that the County is not responsible to operate or to
maintain the Project in any way.
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment
and materials purchased with Grant Award Funds.
24 shall survive the expiration of this
Agreement.
25. CULTURAL RESOURCES
Grant Recipient agrees to coordinate cultural resource review of the Project with the King
cultural resources and any necessary mitigation. Grant Recipient further agrees to
perform the steps outlined by the HPP for any necessary cultural resource preservation as
specified in Exhibit G.
26. ASSIGNMENT
Grant Recipient shall not assign any portion of rights and obligations under this
Agreement or transfer or assign any claim arising pursuant to this Agreement without the
written consent of the County. Grant Recipient must seek such consent in writing not less
than thirty (30) days prior to the date of any proposed assignment.
27.WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
28.TAXES
Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be
deemed to be in default as long as it will, in good faith, be contesting the validity or amount
of any such taxes.
29.WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions
pertaining to this Agreement will be brought in King County Superior Court, King County,
Washington.
30.PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection
and copying by the public.
31.LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, County and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
duty or obligation in any person or entity not a party to it.
32.PERMITS AND LICENSES
Grant Recipient shall develop and run the Project in accordance will all applicable laws
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its
sole cost and expense, apply for, obtain and comply with all necessary permits, licenses
and approvals required for the Project,
33.INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient.
34.ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and Grant Recipient and supersedes all other agreements and understandings
between them, whether written, oral or otherwise.
35.COUNTERPARTS; ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. The Parties acknowledge and agree that this document may be executed by
electronic signature, which shall be considered as an original signature for all purposes
and shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the
authority to enter into this Agreement on behalf of the Party for which that individual signs.
City of Renton King County
By
Armondo Pavone, Mayor
1055 South Grady Way
Renton, WA 98057 By
Title Mayor Title
Date Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
Renton City Attorney
3/7/2024
Approved by Alex Tuttle via memo 12/22/2023
City of Renton Henry Moses Aquatic Center Updates
EXHIBIT A MAP OF FACILITY AND LOCATION
City of Renton Henry Moses Aquatic Center Updates
City of Renton Henry Moses Aquatic Center Updates
City of Renton Henry Moses Aquatic Center Updates
City of Renton Henry Moses Aquatic Center Updates
City of Renton – Henry Moses Aquatic Center Updates – 6416647
Task - 1.22
EXHIBIT B - SCOPE OF WORK
Project Summary
The City of Renton will complete capital improvements, including renovation of the leisure
activity pool and improved accessibility of the Henry Moses Aquatic Center main entrance.
Deliverables
Progress Reports
Final Report
Completed Design/Plan
Notice of Grant
Timeline
Complete project design January 2024
Complete all permitting August 2024
Construction Starts September 2024
Complete construction May 2025
The Grantee shall not make any significant changes to an approved project without prior written
consent of the County. Significant changes include, but are not limited to, a change to the
timeline that falls outside the contract period or a shift of more than twenty percent of funds
within the approved grant budget over the term of this Exhibit. If changes are necessary and
approved by the County, such changes will be formalized in a written amendment signed by all
parties.
City of Renton – Henry Moses Aquatic Center Updates – 6416647
Task - 1.22
EXHIBIT C - PROJECT BUDGET
Personnel Costs $0.00
Planning Costs $0.00
Construction Costs $759,312.00
Indirect Costs $145,128.00
Total $904,440
Grant Budget Changes
With written approval from the County, the Grantee may reallocate grant funds across budget
line items within twenty percent of the total grant budget without requiring an official contract
amendment. Indirect costs shall not exceed twenty percent of direct costs.
Budget Line Items Descriptions
Personnel Costs include but are not limited to staff pay and benefits.
Planning Costs include but are not limited to planning, design, and consultant fees.
Construction Costs include but are not limited to construction and material costs for liner and tile
replacement, new seating area, and updates to ticket office and concessions area.
Indirect Costs include expenses of doing business that are not readily identified with a particular
grant, contract, project, function, or activity, but are necessary for the general operation of the
organization or the performance of the organization’s activities.
City of Renton – Henry Moses Aquatic Center Updates – 6416647
Task - 1.22
EXHIBIT D – INSURANCE REQUIREMENTS
1. Insurance Requirements
1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as
otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set
forth below. By requiring such minimum insurance, the County does not and shall not
be deemed or construed to have assessed the risks that may be applicable to Grant
Recipient, or any Contractor under this Agreement, or in any way limit the County’s
potential recovery to insurance limits required hereunder. To the contrary, this
Agreement’s insurance requirements may not in any way be construed as limiting any
potential liability to the County or the County’s potential recovery from Grant
Recipient. Grant Recipient and any Contractor shall assess their own risks and if they
deem appropriate and/or prudent, maintain greater limits and/or broader coverage.
1.2. Each insurance policy shall be written on an “occurrence” basis, except insurance for
Pollution Liability, which may be written on a “claims made” basis.
If coverage is approved and purchased on a “claims made” basis, the coverage provided
under that insurance shall be maintained through: (i) consecutive policy renewals for
not less than three (3) years from the date of completion of the Project which is subject
of this Agreement or, if such renewals are unavailable, (ii) the purchase of a
tail/extended reporting period for not less than three (3) years from the date of
completion of the Project which is the subject of this Agreement.
2. Evidence and Cancellation of Insurance
2.1 Prior to contract execution and upon request by the County, Grant Recipient shall
furnish the County certificates of insurance and endorsements certifying the issuance of
all insurance required by this Agreement which is to be maintained for the entire term of
the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be
signed by a properly authorized officer, agent, general agent, or qualified representative
to the insurer(s), shall certify the name of the insured(s), the type and amount of
insurance, the location and operations to which the insurance applies, the inception and
expiration dates, shall specify the form numbers of any endorsements issued to satisfy
this Agreement’s insurance requirements, and shall state that the County shall receive
notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or
material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson
Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may
be emailed to: ParksGrants@kingcounty.gov.
2.2. The County reserves the right to require complete, certified copies of all required
insurance policies, including all endorsements and riders, which may be redacted of any
confidential or proprietary information. Grant Recipient shall deliver such policies to
the County within five (5) business days of County’s request.
3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance
limits:
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3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury, and property damage.
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01. Such insurance shall include coverage for, but not limited to, premises liability,
ongoing operations, products and completed operations, and contractual
liability. Limits may be satisfied by a single primary policy or by a combination of
separate primary and umbrella or excess liability policies, provided that coverage
under the latter shall be at least as broad as that afforded under the primary policy and
satisfy all other requirements applicable to liability insurance including, but not
limited to, additional insured status for the County.
3.1.2. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain
Automobile Liability insurance with a minimum $1,000,000 combined single limit
per accident for bodily injury and property damage. Coverage shall be at least as
broad as that afforded under ISO form number CA 00 01 covering BUSINESS
AUTO COVERAGE, symbol 1 “any auto”; or the combination of symbols 2, 8, and
9. Limit may be satisfied by a single primary policy or by a combination of separate
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy.
3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees,
then Workers Compensation coverage shall be maintained as required by the
Industrial Insurance Act of the State of Washington, as well as any similar coverage
required for this Project by applicable Federal or “Other States” State Law.
3.1.4. Employers Liability or “Stop Gap” coverage: If Grant Recipient or its
Contractor(s) have employees, then Employers Liability or “Stop Gap” coverage shall
be maintained with a minimum limit of $1,000,000 each occurrence and shall be at
least as broad as the protection provided by the Workers Compensation policy Part 2
(Employers Liability), or, in monopolistic states including but not limited to
Washington, the protection provided by the “Stop Gap” endorsement to the
commercial general liability policy.
3.1.5. Builder’s Risk / Installation Floater Insurance. If construction activities will be
funded by the Grant, Grant Recipient or its Contractor(s) shall procure and maintain,
prior to and for the duration of the construction phase of the Project, “All Risk”
Builder’s Risk insurance or Installation Floater insurance at least as broad as ISO
form number CP0020 (Builder’s Risk Coverage Form) with ISO form number
CP0020 (Causes of Loss – Special Form). The coverage shall insure for direct
physical loss to property of the Project for 100% of the replacement value. The
policy shall be endorsed to cover the interests, as they may appear, of King County,
Grant Recipient, and Contractor(s) of all tiers. In the event of a loss to any or all of
the work and/or materials therein and/or to be provided at any time, Grant Recipient
or its Contractor(s) shall promptly reconstruct, repair, replace, or restore all work
and/or materials so destroyed. Policy shall include a waiver of subrogation in favor
of King County.
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3.1.6. Pollution Liability: If geotechnical work will take place, Grant Recipient or its
Contractor(s) shall provide Pollution Liability coverage with minimum limits of
$1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden
bodily injury and/or property damage to include the destruction of tangible property,
loss of use, clean-up costs, and the loss of use of tangible property that has not been
physically injured or destroyed.
3.1.7. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement,
Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a
minimum limit equal to the grant amount. Coverage shall include ‘Join Loss
Payable’ ISO form CR 20 15 10/10 or substantive equivalent and ‘Provide Required
Notice of Cancellation to Another Entity’ ISO form CR 20 17 10/10.
4. Other Insurance Provisions and Requirements
4.1 All insurance policies purchased and maintained by Grant Recipient and any Contractor
required in this Agreement shall contain, or be endorsed to contain the following
provisions:
4.1.1 With respect to all liability policies except Professional Liability (Errors and
Omissions) and Workers Compensation:
4.1.1.1. King County, its officials, employees, and agents shall be covered
as additional insured for full coverage and policy limits as respects
liability arising out of activities performed by or on behalf of the Grant
Recipient, its agents, representatives, employees, or Contractor(s) in
connection with this Agreement. Additional Insured status shall include
products-completed operations CG 20 100 11/85 or its substantive
equivalent. The County requires the endorsement(s) to complete the
Agreement.
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officials, employees, or agents shall not
contribute with any of Grant Recipient’s or Contractor(s)’s insurance or
benefit the Grant Recipient, or any Contractor, or their respective insurers
in any way.
4.1.2.2. Insurance shall expressly state that it applies separately to each
insured and additional insured against whom a claim is made and/or
lawsuit is brought, except with respect to the limits of insurer’s liability.
5. Waiver of Subrogation
5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and
waive all rights of subrogation against King County, its officials, agents, and employees
for damages caused by fire or other perils which can be insured by a property insurance
policy. This provision shall be valid and enforceable only to the extent permissible by
the applicable property insurance policies.
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6. Deductibles/Self-Insured Retentions
6.1. Any deductible and/or self-insured retention of the policies shall in all instances be the
sole responsibility of Grant Recipient or its Contractor, even if no claim has been made
or asserted against them.
7. Acceptability of Insurers
7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with
an A.M. Best rating of no less than A:VIII.
8. Self-Insurance
8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant
Recipient may maintain a fully funded self-insurance program or participate in an
insurance pool for the protection and handling of its liabilities including injuries to
persons and damage to property. Further, if Grant Recipient maintains a self-insurance
program or participates in an insurance pool, the additional insured requirement shall
not apply to the coverage provided by the self-insured program or insurance pool.
9. Contractors
9.1. Grant Recipient shall include all Contractors as insureds under its policies or,
alternatively, Grant Recipient must require each of its Contractors to procure and
maintain appropriate and reasonable insurance coverage and insurance limits to cover
each of the Contractor’s liabilities given the scope of work and services being provided
herein. Contractor(s) must include the County, its officials, agents and employees as
additional insured for full coverage and policy limits on its Commercial General
Liability insurance and, if applicable, its Automobile Liability insurance. Upon request
by the County, and within five (5) business days, Grant Recipient must provide
evidence of each Contractor(s) insurance coverage, including endorsements.
EXHIBIT F NOTICE OF GRANT
201 S Jackson Street, KSC-NR-5702
Seattle, WA 98104-
NOTICE OF GRANT
This Notice of Grant is effective as of the ___ day of __________, 202_, and is made and
executed by the Aquatic Facilities Levy, City of Renton,
________ is/are the
Exhibit F-1
Pursuant to a Aquatic Facilities Levy Grant Agreement, between the King County and City of
Renton Exhibit F-2, City of Renton
the
development or improvement of publicly owned pools. A map of the Property and Facility is
attached hereto as Exhibit F-3
The City of Renton hereby agrees to be bound by the terms of the Grant Agreement including the
IN WITNESS WHEREOF, City of Renton and King County have executed this Notice of Grant
CITY OF RENTON
PROPERTY OWNER
STATE OF WASHINGTON
I certify that I know or have satisfactory evidence that ____________________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the ____________________ of
the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in
NOTARY P
STATE OF WASHINGTON
I certify that I know or have satisfactory evidence that ____________________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the ____________________ of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
My Commission Expires: ___________
STATE OF WASHINGTON
I certify that I know or have satisfactory evidence that ____________________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the ____________________ of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
My Commission Expires: ___________
NOTICE OF GRANT EXHIBIT F-3 PROPERTY AND FACILITY MAP
See Exhibit A.
EXHIBIT G CULTURAL RESOURCE PRESERVATION REQUIREMENTS
N/A