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HomeMy WebLinkAboutGRA2019-004 - Original - Downey Farmstead Contaminated Soil Removal • ENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: King County Vendor Number (JDE): Contract Number (City Clerk): GRA19-004 Category: -Grant Related Agreement (Real Property) Sub-Category (if applicable): None Project Name: Downey Farmstead Contaminated Coil Renoval Contract Execution Date: 1/23/19 Termination Date: 7/31/20 M Knox PW: Engineering Contract Manager: Department: Contract Amount: $1 25,000 Budgeted: F-1 Grant? Part of NEW Budget: Local: 0 State: Federal: ❑ Related to a New Position: ❑ Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: 1:1 Director ❑ Mayor City Council Other Details: 2017 WaterWorks Grant Program King County Grant Agreement Cover Page Grant Year: Competitive 2017/2018 Project Name: Downey Farmstead Contaminated Soil Removal Recipient: City of Kent Funding Amount: $125,000.00 Project Summary Remove 300 tons of lead and 20 tons of arsenic contaminated soil within the footprint of the Downey Farmstead Restoration Project to ensure that hazardous material does not contribute to future contamination of the Green/Duwamish River. This site will provide side-channel habitat that will provide rearing and refuge habitat for threatened salmon species.Remove 300 tons of lead and 20 tons of arsenic contaminated soil within the footprint of the Downey Farmstead Restoration Project to ensure that hazardous material does not contribute to future contamination of the Green/Duwamish River. This site will provide side-channel habitat that will provide rearing and refuge habitat for threatened salmon species. Primary Contact: MattKnox Phone: 253-856-5551 Email: mknox@kentwa.gov Start Date: February 7, 2019 End Date: July 31, 2020 WaterWorks Grant Program Grant Agreement AGREEMENT between City of Kent and KING COUNTY This is an Agreement between City of Kent, hereinafter the "RECIPIENT" and King County, a political subdivision of the state of Washington, hereinafter the "COUNTY."This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Downey Farmstead Contaminated Soil Removal, hereinafter the"PROJECT." Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: Remove 300 tons of lead and 20 tons of arsenic contaminated soil within the footprint of the Downey Farmstead Restoration Project to ensure that hazardous material does not contribute to future contamination of the Green/Duwamish River. This site will provide side-channel habitat that will provide rearing and refuge habitat for threatened salmon species.Remove 300 tons of lead and 20 tons of arsenic contaminated soil within the footprint of the Downey Farmstead Restoration Project to ensure that hazardous material does not contribute to future contamination of the Green/Duwamish River. This site will provide side-channel habitat that will provide rearing and refuge habitat for threatened salmon species. B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to, but not exceeding$125,000.00, hereinafter the "AWARD." C. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at$5,838,541.00, to be verified in submitted PROJECT reports. Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 1 of 13 Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work(Exhibit A). Any modifications must be requested in an Agreement Amendment and be approved by the Director of the Wastewater Treatment Division(WTD)in the COUNTY's Department of Natural Resources and Parks. B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in some cases at the discretion of the COUNTY, where advances of the AWARD may be made on a quarterly basis. The last payment will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports are approved. C. The RECIPIENT's expenditures of AWARD funds shall be separately identified in the RECIPIENT's accounting records. If requested, the RECIPIENT shall comply with other reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT's accounting books and records. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Reports and a Closeout Report. The final payment will be held back until a close-out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. l. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Reports (including narrative and expense sections), Closeout Report (including narrative and expense sections); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. 2. Quarterly Report narrative and expense sections shall be submitted together using the online system using the provided format and following instructions from WaterWorks grant administrators. a. The Quarterly Reports are due thirty(30) days after the end of each quarter. b. If no expenses are made during a quarter,no expense section is needed. However,the narrative section should still be submitted and indicate that no expenses were made during that time period. c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 2 of 13 documentation proving the project activities took place, such as photos, workshop agenda,volunteer sign in sheets, etc. 3. RECIPIENTS that receive approval for advance payments shall submit a request with an estimate of expenses for upcoming activities, using the form provided. The first request can cover a time period of two quarters, subsequent requests should cover one quarter. The RECIPIENT shall be responsible for submitting Quarterly Reports as stated in paragraphs D1 and D2, along with the next advance request. 4. The Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. a. The Closeout Report is due thirty(30) days after the end date of the PROJECT or not later than August 31, 2020. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety(90) days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget(Exhibit B) and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by July 31, 2020. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details (but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty(60) days in advance of the original end date. I. The RECIPIENT agrees to acknowledge the COUNTY in all media,publications, and signage that are produced as part of the PROJECT. This includes press releases, public service announcements,posters, flyers, signage, Web pages, blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and Disclaimers). Section 3. Legal and Administrative Relations: Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 3 of 13 A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3)years after the termination of said Agreement. B. The COUNTY's financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY's efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY's sole obligation under this agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT,the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or represent themselves, to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors, assigns or by others including,without limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees of RECIPIENT,to defend, indemnify, and hold harmless the 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 RECIPIENT's exercise of rights,privileges, and obligations under this Agreement, except for the COUNTY's sole negligence. RECIPIENT's obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT's own expense; (ii) Indemnification of claims made by RECIPIENT's own employees or agents; and(iii) Waiver of RECIPIENT's immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 4 of 13 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 RECIPIENT. The provisions of this Section 3.1) shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT's control. G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. 1. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex,race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions, unless based upon a bona fide occupational qualification, and the RECIPIENT shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. K. Authority: Rppresentations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in"portable document format"(".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 5 of 13 original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 6 of 13 AGREEMENT SIGNATURE PAGE City of Kent by: Signature: Dana Ralph,Mayor Date: ��► KING COUNTY by: Signature: Chris Townsend, Section Manager,Wastewater Treatment Division Date: Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 7 of 13 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT's activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. * Hire a consultant expert to further clarify the extent of soil contamination and to prepare plans and specifications for soil remediation. This consultant will also prepare a health and safety plan and protocol to keep construction workers and on-site personnel safe during soil remediation, and to verify that all contaminants exceeding clean-up thresholds are removed and disposed of properly. * Consultant will prepare and submit a draft and final soil remediation plan and specifications to the city for inclusion in the construction bid documents. * Consultant will also prepare and submit to the city a draft and final health and safety plan to protect worker safety. * The consultant will then submit a plan to the city detailing how contaminant verification testing will occur. * Once construction begins, consultant will collect and analyze additional soil samples to confirm that all contaminants are removed. A final report documenting findings will be prepared and submitted. * City will advertise and bid a project to remove soil contamination from the Downey Farmstead project site. * City will prepare final plans and specifications for Downey Farmstead soil remediation and advertise this work and distribute these documents to potential bidders. * Bids will be collected and the lowest responsible bidder will be awarded a contract to remove contaminated soil from the project boundaries. * Verification testing will be performed by the city's consultant after contaminated soil excavation. * Further excavation and soil removal will continue until testing indicates that lead and arsenic contamination is below Ecology-defined action levels. N/A N/A N/A N/A N/A N/A N/A N/A N/A Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 8 of 13 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work,request an extension, or if the budget expenditure category might deviate more than ten percent (10% of Grand Total). For more information, contact your grant administrator. A a C D E F G BUDGET ITEMS:Description CATEGORY SOURCE OF CATEGORY (rate or unit x quantity) GRANT AWARD CASH MATCH IN-KIND MATCH SUBTOTAL MATCH(indicate if pending or secured Staff salaries& benefits $0.00 Project Management Staff salary using `Construction In-house&partial KC billing or fully Inspection 'Survey& $875,781.00 $875,781.00 CWM grants-$1.0 burdened rates As-built million secured Monitarina&Maint _ Project supplies, materials,and $0.00 e ul ment _ Commercial services 50.00 'Remediation KC CWM Grants: Consultanticontractor Consultant'Soil $1.0 mill secured; services Removal Contractor` $125,000.00 $ 962,760.00 $5,087,760.00 $4 84 mill pending Construction contractor PSAR Transportation $0.00 Other costs $0.00 Pr*ct Subtotal $125,000.00 4 962 760.00 $875J81.00 5 963 541.00 Overhead f0.00 Grand TOTAL 25,000.001 $4 962 760.00 $875,781.00 $5 963 541.00 Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 9 of 13 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS Is f1 King County Department of Natural Resources and Parks Wastewater Treatment Division Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage,posters, documents, brochures, flyers, newsletters,newspaper advertising, Web pages, blogs, and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy(e.g., an interpretive panel, a guidebook, or a directory),please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government, its employees,or its elected and appointed officials. Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 10 of 13 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media(publications, signage,press releases,public service announcements,posters, flyers,Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY and approved prior to any further payments of AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work, request an extension, or if the budget(Exhibit B)might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent(10%) of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORT: This report documents the successful completion of the PROJECT according to the scope of work. The Closeout Report is due thirty(30) days after the end of your agreement period and must be submitted online, following instructions from the WaterWorks grant administrator. This includes two sections: 1. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3) years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other"manual"documents. This way,you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B)because it must be documented in your Financial Closeout Report(Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 11 of 13 QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and goals identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty(30) days after the end of each quarter. SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports and Closeout Report. START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 12 of 13 EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks,which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY's sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority,the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. Agreement between City of Kent and King County Downey Farmstead Contaminated Soil Removal—Round 3 2017 Page 13 of 13 REQUEST FOR MAYOR'S SIGNAT 110 ,KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Matt Knox Phone (Originator): 253-856-5551 Date Sent: 1/17/19 Date Required: 1/24/19 Return Signed Document to: Wendy Wakefield Contract Termination Date: 7/31/2020 VENDOR NAME: Date Finance Notified: King County WaterWorks Grant PRo ram (Only required on contracts 1/11 J 1 9 g 20 000 and over or on an Grant DATE OF COUNCIL APPROVAL: NA Date Risk Manager Notified:NA (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: DZOO74 Authorized in the Budget? YES NO Brief Explanation of Document: Grant agreement for Downey Farmstead for clean-up of contaminated soils found within the project boundaries. LA W All Contracts Must Be Routed Through The Law Department ' , „k _ (This area to be completed b the Lan De artment . ceived: Approval of Law Dept.: fl. Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVE Recommendations and Comments: "4 City of Kent Office of the Mayor Date Rq� ,,nldj 1 irf orms ocument ProcemrgWequest for Mayors Signature docu C'Tlr OF K"4T REQUEST TO PW ADMIN FOR MAYOR'S SIGNATURE: Please complete all of the information below and attach a copy of your document (grant, agreement, etc...). If a field is not applicable, please indicate. Call Admin at 5500 with any questions. Type of Document: ❑ Bond Agreement ❑ Indemnity/Hold Harmless/Release Agreement ❑ Contract Agreement ❑ Interfund Loan Agreement ❑ Franchise Agreement ❑ License Agreement ® Grant-Related Agreement (Non-Real Property) ❑ Purchase and Sale Agreement ❑ Grant-Related Agreement (Real Property) ❑ Other Project: ® Blue/Motion Sheet Attached Brief Explanation of Document: Grant agreement for Downey Farmstead for clean-up of contaminated soils found within the project boundaries. Has this been authorized in the Budget? Yes ® No ❑ N/A ❑ Project Account Number: D20074 Originator: Matt Knox Name of Agency/Vendor: King County Waterworks Grant Program Vendor Name: King County Waste Water Treatment Division (WTD) Contact Person: Elizabeth Loudon Complete Address: All correspondence via email (Including City, State, Zip Code) Phone: 206-477-4297 Email: Elizabeth.loudon@kingcounty.gov Contract Execution Date: Upon Mayors Signature Contract Termination Date: July 31, 2020 Contract Amount: $125,000 Council Approval: Yes ® Date: 12/11/18 No ❑ N/A ❑ Circulate for approval: Project Manager: ole � ��9 Chad Bieren: 03 l-ll-lei Initial &date Initial &date q Paul Scott: "��—) Tim LaPorte: �t / I ial &date Initial & Risk Management: 6�f Initial &date Law Department 5EE 6444.0sr'p Initial &date oo+vF,o 11//bl/S ***This cannot be sent for Mayor's signature without Law's review and approval January 9,2019 Knox, Matthew From: Knox, Matthew Sent: Friday, November 16, 2018 11:42 AM To: Schuck, Christina Subject: RE: King County WaterWorks Grant Agreement - Downey Farmstead Contaminated Soil Removal Christina - No, the "cash or in-kind match" identified in Section D of the agreement is the total project cost ($5,963,541 identified in Exhibit B) minus the $125,000 in grant funding from KC WaterWorks. Let me know if you have further questions. Thanks. Matt Knox City of Kent Environmental Engineering 2 253.856,5551 1 2 Cell: 253.579.5764 From: Schuck, Christina Sent: Tuesday, November 06, 2018 9:11 AM To: Knox, Matthew<MKnox@kentwa.gov> Subject: RE: King County WaterWorks Grant Agreement - Downey Farmstead Contaminated Soil Removal Hi Matt, I have reviewed this Agreement and have the following questions/comments: • Is the cash in-kind match in D correct at $5,838,541.00? Is that number supposed to match up with the in-kind match identified in Column E of the table in the scope of work on page 10? Thanks, Christina From: Knox, Matthew Sent: Monday, October 29, 2018 4:29 PM To: Schuck, Christina Cc: BeMiller, Aaron; Viseth, Cheryl; Mactutis, Mike Subject: King County WaterWorks Grant Agreement - Downey Farmstead Contaminated Soil Removal Christina - Enclosed, please find a grant agreement that I hope to bring before the Public Works Committee on November 19". This grant is for clean-up of contaminated soil at the Downey Farmstead site. We have accepted a number of these WaterWorks grants in the recent past, so I am hopeful that this agreement will not pose any problems. Please review and let me know if you have any concerns with this. I plan to forward this grant agreement and fill out an action-item motion to Cheryl Viseth to get it on the PW Committee soon. Thank you for your help! Matt Knox, PWS, Environmental Supervisor Environmental Engineering I Public Works Department 1 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5551 1 Cell 253-579-5764 mknoxC5)KentWA.aov CITY OF KENT, WASHINGTON KentWA.gov/GRNRA/ Facebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL 2 PUBLIC WORKS DEPARTMENT Tim LaPorte, Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: November 19, 2018 TO: Public Works Committee FROM: Matt Knox, PWS, Environmental Supervisor SUBJECT: Downey Farmstead Contaminated Soil Removal Grant - Recommend MOTION: Move to recommend Council authorize the Mayor to sign the 2017 WaterWorks Grant Agreement with King County to fund removal of contaminated soil at the Downey Farmstead project site, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Downey Farmstead Project is a salmon habitat and flood control project proposed on the banks of the Green River. Arsenic contamination was discovered on one of the project parcels during testing in 2014 that needs to be cleaned-up prior to habitat restoration. The proposed grant through the King County WaterWorks program will fund up to $125,000 worth of contaminated soil clean-up and additional testing to ensure that contaminated soil is remediated. EXHIBITS: Grant Agreement with 2017 King County WaterWorks BUDGET IMPACT: Funds provided by other grants (Salmon Recovery Funding Board, Puget Sound Acquisition and Restoration, King County Cooperative Watershed Management) will be used as match for this KC WaterWorks grant. 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