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HomeMy WebLinkAboutContractAGREEMENT FOR ENVIRONMENTAL SITE ASSESSMENT SERVICES THIS AGREEMENT, dated for reference purposes only as June 24, 2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Landau Associates DBA Landau Assoicates, Inc (“Consultant”), a corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Phase I and Phase II environmental site assessment services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth inExhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than September 30, 2025. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $34,000, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged byit for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work isperformed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for CAG-25-215 PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the Cityafter partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) 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, Consultant’s liability shall be only to the extent of Consultant’s negligence. PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’sCode of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable controloccur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Amanda Free 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7369 afree@rentonwa.gov CONSULTANT Kathryn Hartley 2107 South C Street Tacoma, WA 98402 Phone: (253) 926-2493 khartley@landauinc.com PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform PAGE 8 OF 10 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Amanda Free. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Gina Estep CED Administrator Kathryn Hartley Senior Associate _____________________________ Date ____________________________ Date Approved as to Legal Form By: __________________________ M. Patrice Kent Sr. Asst. City Attorney Contract Template Updated 5/21/2021(2025/3497) Approved by Patrice Kent via email 6/24/2025 6/25/2025 SEATTLE 155 NE 100th Street, Ste 302, Seattle, WA 98125 T 206.631.8680 landauinc.com June 20, 2025 Transmitted via email to: afree@rentonwa.gov City of Renton-Economic Development 1055 South Grady Way Renton, WA 98057 Attn: Amanda Free, Economic Development Director Re: Proposed Scope of Services and Cost Environmental Site Assessment Services Compton Lumber Property Renton, Washington Dear Ms. Free: Landau Associates, Inc. (Landau) is pleased to submit this proposed scope of services and cost to assist the City of Renton (City) with Phase I and Phase II environmental site assessment (ESA) services for the property located from 2940 to 2990 East Valley Road in Renton, Washington (subject property). Landau understands that the City is considering purchasing the subject property and is requesting Phase I and Phase II ESAs to evaluate conditions that could present environmental liabilities to the property owner or operators. BACKGROUND INFORMATION The subject property consists of four contiguous King County parcels (Parcel Nos. 3023059096, 3023059098, 3023059099, and 3023059091) owned by Stacey Holdings LLC. The northern parcel of the subject property is developed with a warehouse associated with the former Compton Lumber facility. The central and southern parcels are currently vacant but were previously developed with an auto salvage yard (Skyway Towing) and a trucking and excavating company (Milts Trucking & Excavating). Landau conducted an environmental review of the subject property on June 5, 2025 that included review of environmental investigation and remediation documents to assist the City in evaluating the current status of the subject property with respect to environmental contamination as well as potential environmental liabilities associated with acquisition of the subject property. Landau identified two cleanup site listings on the Washington State Department of Ecology’s (Ecology’s) What’s in My Neighborhood database associated with the southern three subject property parcels. Releases at both cleanup sites have received No Further Action determinations from Ecology. The findings of the environmental review will be summarized in the Phase I ESA included in this scope of work. EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 2 landauinc.com Based on the findings of the environmental review, no subsurface sampling activities have taken place on the northern parcel at 2940 East Valley Highway during the remediation of either of the releases described above. PROPOSED SCOPE OF SERVICES To meet the City’s objectives for the project, Landau proposes a scope of services consisting of the two tasks, as described below. Task 1: Phase I Environmental Site Assessment A Phase I ESA will be conducted in accordance with the ASTM International (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, E 1527-21 (as applied in the State of Washington). The Phase I ESA will include a review of historical and regulatory information, a site reconnaissance of the subject property, interviews, data evaluation, and reporting. The assessment will identify the presence of recognized environmental conditions, historical recognized environmental conditions, and controlled recognized environmental conditions, in accordance with the ASTM standard. Landau will also identify, as appropriate, other findings that do not meet the definition for a recognized environmental condition and are outside of the ASTM standard but that may warrant recognition by the user of the assessment. A draft report will be provided for review by the City; a final report addressing the City’s comments, as appropriate, will be provided in electronic format (i.e., Adobe® PDF) only. Task 1 Assumptions Landau’s assumptions in preparing the scope for the Phase I ESA task include the following: City will provide access and necessary rights-of-entry to the subject property. The City will return to Landau a completed copy of the User-Provided Information Request Form within 5 days of authorization of this proposal. The form will be sent upon Landau’s receipt of authorization to proceed. The City will provide access to individuals/owners/tenants familiar with historical operations at the subject property. The City or City’s representative will provide copies of available environmental and geotechnical documentation about the subject property, including previous investigations, surveys, or reports, within 5 days of authorization of this proposal. Landau understands that several prior assessments have already been provided during the completion of the recent environmental review for the subject property. The state agency regulatory review for the Phase I ESA will be based on the subcontracted database report. The need for acquisition and review of information from agency files, such as files from Ecology that are not available online, will be assessed based on the results of the database report review and conducted under a separate authorization. The scope of services herein does not include a title search or review for environmental liens or activity and use limitations (AULs). To be compliant with the requirements of the ASTM Phase I EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 3 landauinc.com ESA standard, the report user is required to complete such a search, and Landau requests that the City provide the results to Landau. At the City’s request, Landau can obtain such an environmental lien and AUL search report covering the subject property for an additional fee of $350 per parcel, plus applicable taxes. Alternatively, title reports (such as a commitment for title insurance) provided by the City will be reviewed by Landau for information regarding AULs and environmental liens. Elements not included in ASTM E 1527-21 (e.g., identification, sampling, and analysis of asbestos, radon, lead paint, and/or lead in drinking water; identification of wetlands; regulatory compliance; cultural and historic resources; indoor air quality and vapor intrusion, including the potential presence of mold or other biological contaminants; industrial hygiene; health and safety; ecological resources; and endangered species) are not included in Landau’s scope of services unless discussed herein. Conditions at properties outside of the subject property may not be observable from the subject property or from public access areas and, as a result, may not be identified during the site reconnaissance. The draft report will need only minor revisions, requiring no more than 2 hours to produce the final report. The handling charge for subcontractor costs is 12 percent and is included in Landau’s budget. Costs do not include a contingency amount for unanticipated out-of-scope activities. Task 2: Phase II Site Investigation Task 2 consists of a Phase II site investigation for the northern parcel of the subject property that includes pre-field planning and implementation of a subsurface investigation, data evaluation and reporting, and project management. Descriptions of each sub-task are provided below. Task 2a: Site Investigation Task 2a includes pre-field planning and the completion of a soil investigation at the subject property; the elements required to complete the task are listed below. Pre-Field Planning Pre-field planning will include the following: Work Plan: Landau will prepare a brief work plan consisting of a figure showing the planned sampling locations and a table outlining the sampling and analysis plan for each location. Field Preparation: Landau will prepare a site-specific health and safety plan (HASP) and coordinate with the City, property owner, and subcontractors to determine the site investigation schedule. Utility Locate: Prior to beginning any subsurface activities, Landau will coordinate public and private utility locates to identify potential utility conflicts within the investigation area. Landau will visit the site to mark the planned drilling locations, and a public locate request will be submitted to the Washington Utility Notification Center a minimum of 48 hours prior to drilling. EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 4 landauinc.com Landau will also subcontract a private utility-locating company to identify conductible utilities near the boring locations. Field Investigation Landau will subcontract a Washington State-licensed driller to advance up to four direct-push borings to groundwater or to a maximum depth of 15 feet (ft) below ground surface (bgs) along the southern boundary of the parcel at 2940 East Valley Highway (northern parcel of the subject property). The soil conditions from each boring will be logged in a field notebook; the soil will be field-screened for obvious signs of contamination using visual and olfactory methods and for the presence of volatile organic compounds (VOCs) using a photoionization detector. Landau staff will collect two soil samples per boring for laboratory analysis. The primary soil sample will be collected from the depth interval where contamination concentrations appear highest based on field-screening, and a second soil sample will be collected from the underlying depth interval. If no obvious signs of impact are observed, the primary soil sample will be collected from near the surface at approximately 1 to 2 ft bgs, and the second sample will be collected from near the termination depth of the boring. The second sample from each boring will be placed on hold pending the results of the primary sample and will be analyzed only for the constituents detected in the primary sample at concentrations exceeding screening criteria. Following collection of soil samples, the licensed driller will install a temporary well at two of the borings and purge groundwater until it clears or at the direction of Landau staff. Groundwater parameters (pH, temperature, specific conductivity, oxidation reduction potential, and dissolved oxygen) will then be measured, and one groundwater sample will be collected from each temporary well using low-flow sampling techniques. Laboratory Analysis Up to eight soil samples and two groundwater samples will be collected from the four borings advanced at the subject property. The primary soil samples from each boring will be selectively analyzed as follows: Diesel- and residual-range organics by Ecology-approved Northwest Total Petroleum Hydrocarbon diesel-range analytical method (NWTPH-Dx) using silica gel cleanup (SGC) for soil; groundwater samples will be analyzed both with and without SGC. Gasoline-range organics (GRO) by Ecology-approved Northwest Total Petroleum Hydrocarbon gasoline-range analytical method (NWTPH-Gx). Arsenic, barium, cadmium, chromium III, lead, mercury, selenium, and silver (Resource Conservation and Recovery Act [RCRA] 8 metals) using US Environmental Protection Agency (EPA) Method 6010/7471; groundwater samples will be field-filtered and analyzed for dissolved metals. VOCs using EPA Method 8260D. Polycyclic aromatic hydrocarbons using EPA Method 8270E selected ion monitoring (soil samples only). EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 5 landauinc.com Samples will be placed in a chilled cooler and transported under standard chain-of-custody procedures to Friedman & Bruya, Inc. in Seattle, Washington. Waste Management and Characterization Soil and water investigation-derived waste (IDW) generated during drilling will be placed in drums and stored on site pending the results of the disposal characterization analysis. One composite soil sample of the drill cuttings from all exploration locations will be collected for IDW soil disposal profiling. The composite soil sample will be analyzed for NWTPH-Dx and RCRA 8 metals, plus copper, nickel, and zinc. One water sample of the purge and decontamination water will be collected for IDW water profiling. The water sample will be analyzed for NWTPH-Dx and RCRA 8 metals. Upon receipt of the sampling results, Landau will coordinate with a local disposal company to transport the drums to an appropriately permitted disposal facility. The proposed budget assumes IDW will be profiled as nonregulated waste, and it includes costs to dispose of one 55-gallon drum of soil and one 55-gallon drum of water (purged and decontamination water). Task 2b: Data Evaluation and Reporting After completion of the environmental investigation detailed above and receipt of field data and laboratory analytical results, Landau will conduct a review of the analytical data for quality control/quality assurance purposes, tabulate the data, and compare the results to relevant regulatory levels (i.e., Model Toxics Control Act Method A and B cleanup levels). The analytical data and investigation findings will be presented in a Phase II ESA technical memorandum, which will include a summary of the investigation activities and results, data tables, and figures, as well as the analytical data reports as an appendix. A draft of the technical memorandum will be submitted for review by the City. The budget for this task includes the incorporation of one consolidated set of edits to the technical memorandum followed by preparation of a final version. If additional investigation or cleanup activity is necessary, this work would be conducted under a separate scope of work. Task 2c: Project Administration and Communications This task will include overall coordination, contracting, management, and administration of the project, including coordination and communications with the City and contractors, as well as project billing and administration. Task 2 Assumptions To estimate costs, the following assumptions were made: The City will provide access and any necessary rights-of-entry to the subject property and all sampling locations at the time of the environmental investigation. The objective of this investigation is to determine if soil has been impacted at concentrations exceeding relevant screening criteria. Full delineation of the extent of contamination, implementation of a remedial action, or coordination with Ecology are beyond the scope of this investigation. EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 6 landauinc.com Landau will conduct one mobilization to the subject property prior to fieldwork in order to mark the proposed boring locations for the public utility locates. This mobilization can be completed concurrently with the site reconnaissance for the Phase I ESA (see Task 1). The drilling portion of the field investigation can be completed in one mobilization consisting of one 10-hour day by one Landau employee, including round-trip travel time from Landau’s Northgate office. All sample locations will be accessible to drilling rig and vegetation and parked vehicles; equipment will not prohibit access. The analytical laboratory has a standard turnaround time (TAT) of 5 business days. An expedited TAT (2 to 4 business days) is available, which would add 35 to 75 percent to the laboratory analytical costs. The cost estimate includes analysis of four primary soil samples, one from each of the four proposed soil borings, with the second sample from each location held at the laboratory pending results from the first sample. Analysis of the second sample for the analytes that exceed regulatory screening levels in the first sample would be an additional cost to be authorized by the City prior to analysis. The City will provide information regarding the locations of any non-conductible underground utilities (e.g., concrete or plastic piping) or other known buried infrastructure on the subject property. It is the property owner’s responsibility to identify and mark any non-conductible utilities. Despite Landau’s best efforts to avoid utilities, utility damage is sometimes unavoidable because of mismarked or unlocatable utilities. Landau does not accept any liability if undocumented and/or non-conductible utilities are encountered during exploration activities in areas that have been cleared by public and private utility locate services. The waste generated during field activities will be properly drummed, labeled, and stored at a secure location on the subject property selected by the City and property owner while Landau arranges for appropriate disposal. Costs for offsite disposal of one 55-gallon drum, characterized as nonhazardous waste, are included in the proposed budget for this project. If analytical results determine that the waste does not qualify as nonhazardous, Landau will discuss with the City appropriate disposal costs and any additional costs that may apply. Costs do not include a contingency amount for unanticipated out-of-scope activities by Landau or subcontractors. The subcontractor markup for all tasks is 12 percent and is included in the proposed budget. SCHEDULE Landau understands that the City has entered a 6-week due diligence period and is prepared to begin work immediately upon receipt of written authorization to proceed. Landau anticipates that Task 1 and Task 2 will be conducted concurrently using the following schedule: Week 1: Project initiation including data collection and review (Task 1) and work plan and HASP development (Task 2) Week 2: Site reconnaissance and reporting (Task 1) and marking borings for the utility locate (Task 2) Week 3: Field Investigation (Task 2) EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 7 landauinc.com Week 4: Reporting and submittal of the draft Phase I ESA report (Task 1) Week 5: Reception of analytical data and preparation of Phase II ESA technical memorandum (Task 2) Week 6: Submittal of the Phase II ESA technical memorandum (Task 2). Landau will provide project updates including preliminary findings of the Phase I ESA and Phase II analytical results in advance of the draft reports The final reports will be provided electronically (Adobe® PDF) within 3 days of receipt of comments regarding the draft versions. COST Landau proposes to provide the above-described services on a time-and-expense basis in accordance with a work order issued under Contract No. CAG-25-159 between Landau and the City, as detailed in the table below: Scope of Services Estimated Cost Task 1: Phase I ESA $6,500 Task 2a: Phase II Site Investigation $18,400 Landau Labor & Non-Labor $7,200 Utility Locating $1,100 Direct-Push Drilling $3,400 Laboratory Analyses $4,500 Waste Disposal $1,000 12% Subcontractor Markup $1,200 Task 2b: Data Evaluation and Reporting $6,500 Landau Labor & Non-Labor $6,500 Task 2c: Project Management $2,600 Landau Labor & Non-Labor $2,600 TOTAL $34,000 If unforeseen conditions are encountered, Landau will bring these to the City’s attention and seek modification to this scope and budget, as appropriate. Landau will not exceed the total cost for the above-described services without prior authorization from the City. PROJECT STAFF Landau staff for this project will include Jamie Brewster, Project GIT, who will be responsible for day-to-day management of the project and for reporting. Kathryn Hartley, Senior Associate, will provide senior quality review of project deliverables. Jamie and Kathryn will be supported by other Landau staff experienced with ESAs in Washington. EXHIBIT A Proposal: City of Renton, Compton Lumber Phase I and Phase II ESA Services June 20, 2025 8 landauinc.com CLOSING Thank you for providing Landau with the opportunity to submit this proposal. We look forward to working with you on this project. Please contact Jamie Brewster, GIT at jbrewster@landauinc.com or Kathryn Hartley at khartley@landauinc.com if you have questions regarding this proposal. LANDAU ASSOCIATES, INC. Jamier Brewster, GIT Project GIT Kathryn Hartley Senior Associate JLB/KFH/bkc X250567.403 X:\C_Renton\2025-06_Compton Lumber Phase I and II\Landau_Compton Lumber Phase I and II ESA_pro 062025.docx EXHIBIT A