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CIT <br /> AGREEMENT <br /> (THREE ACRE PARK PRE-LOAD) <br /> This Agreement is dated for reference purposes June 3, 2016, and is between the CITY <br /> OF EVERETT(the"City") and the KLB CONSTRUCTION, INC ("KLB"). <br /> RECITALS <br /> A. The City intends to build a three-acre park at a site in the Riverfront project(the <br /> "Park Site"). This will require that the Park Site be pre-loaded with soil. <br /> B. KLB needs a disposal site for certain clean soils from its other projects. <br /> C. The City and KLB have agreed that, in accordance with this Agreement,KLB <br /> will deliver the soil to the Park Site. This is of mutual benefit because the City will receive free <br /> soil,and the KLB will have a free disposal site. <br /> AGREEMENT <br /> The parties agree as follows: <br /> A. Soil Delivery/Pre-Approval. KLB will deliver soil to the Park Site at locations <br /> and times designated by the City project manager. KLB is prohibited from delivering soil to the <br /> Park Site unless the soil is pre-approved in writing by the City project manager. KLB <br /> understands that this pre-approval may require that KLB provide the City's geotechnical <br /> engineer with information regarding the proposed soil, including for example where the soil <br /> comes from and the composition of the soil. KLB will not deliver a greater amount of soil than <br /> what is approved in writing by the City project manager. <br /> B. Compaction/Costs/Soil Ownership. KLB will deliver the soil to the Park Site and <br /> compact the soil to establish the geometry shown on the attached plan entitled "Layout Plan 3 <br /> Acre Park". In addition, in the "Structural Fill" portion of the preload area, soil shall be <br /> compacted to 95% of maximum dry density obtained from ASTM D 1557 and be within 2% of <br /> optimum moisture content, as determined by City. Soil, delivery, placement, and compaction <br /> will be at no charge to the City. Except as provided in Section C below, the soil becomes the <br /> property of the City at no charge to the City upon delivery, and the City is responsible at the <br /> City's cost for disposal of the soil. Ecology block wall will be constructed by the City at the <br /> City's expense. <br /> C. Unapproved Soil. <br /> 1. Definition of Unapproved Soil. "Unapproved Soil" is any soil delivered <br /> to the Riverfront under this Agreement that has not been approved by the City project manager. <br /> For example, this includes: (a) soil not pre-approved by the City project manager, (b) soil <br /> approved by the City on the basis of wrong or incomplete information given to the City by KLB <br /> 1 <br />