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HomeMy WebLinkAboutContractAGREEMENT FOR ENVIRONMENTAL SITE ASSESSMENT SERVICES THIS AGREEMENT, dated for reference purposes only as August 27, 2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Landau Associates DBA Landau Associates, Inc., a Washington for-profit corporation (“Consultant”). 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 environmental site assessment services in support of purchase of the “Stoneway” property 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 December 31, 2025. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $54,790, 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-25-293 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, Bridgeand 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: PAGE 4 OF 10 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 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. PAGE 6 OF 10 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 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 PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform 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. PAGE 9 OF 10 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 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:____________________________ ƌŵŽŶĚŽWĂǀŽŶĞ DĂLJŽƌ 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 (contract/2025/3547) 9/18/2025 Approved by Patrice Kent via email 8/27/2025 Attest:________________________________ Jason Seth, City Clerk August 28, 2025 SEATTLE 155 NE 100th Street, Ste 302, Seattle, WA 98125 T 206.631.8680 landauinc.com August 15, 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 Budget Phase I Environmental Site Assessment Services Stoneway Property Renton, Washington Dear Ms. Free: Landau Associates, Inc. (Landau) is pleased to submit this proposed scope of services and budget to assist the City of Renton (City) with Phase I environmental site assessment (ESA) services for King County Parcel No. 1723059026 (subject property). Landau understands that the City is planning on purchasing the subject property and has requested a Phase I ESA to evaluate conditions that could present environmental liabilities to the City as the property owner. BACKGROUND INFORMATION The subject property consists of a 12.54-acre parcel that is commonly known as the Stoneway Property and is located southwest of Cedar River Park, between the Cedar River and Maple Valley Highway in Renton, Washington. The subject property is owned by SRMRENTON, LLC and currently consists of vacant land and a container storage yard. Landau conducted an environmental review of the subject property on May 30, 2025 that included review of documents regarding previous environmental investigation and remediation that have been completed at the subject property 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 one cleanup site listing for the subject property on the Washington Department of Ecology (Ecology) What’s in My Neighborhood database associated with the former operation of the subject property as a concrete plant. Ecology has issued a No Further Action determination for the release in 2019, which is subject to the conditions of an environmental covenant. The cleanup process was completed relatively recently under Ecology’s purview and no major data gaps were identified; however, complete documentation of compliance with the existing environmental covenant was not included in the available records. Exhibit A Proposal: City of Renton / Stoneway Property Phase I ESA Services August 15, 2025 2 landauinc.com Ecology records indicate that a periodic review will be completed for the cleanup site this year, as required for sites with environmental covenants. PROPOSED SCOPE OF SERVICES To meet the City’s objectives for the project, Landau proposes a scope of services consisting of a Phase I ESA 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. Landau will also contact the Ecology site manager and owner of the subject property to request documentation of compliance with the environmental covenant. The assessment will identify the presence of recognized environmental conditions (RECs), historical recognized environmental conditions (hRECs), and controlled recognized environmental conditions (cRECs) in accordance with the ASTM standard. Landau will also identify, as appropriate, other findings that do not meet the definition for an REC 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 (Adobe® PDF) only. Assumptions Landau’s assumptions in preparing the scope for the Phase I ESA include the following: x City will provide access and necessary rights-of-entry to the subject property. x 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. x The City will provide access to individuals/owners/tenants familiar with historical operations at the subject property. x 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. x 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. x 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 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 Proposal: City of Renton / Stoneway Property Phase I ESA Services August 15, 2025 3 landauinc.com 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. x 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. x 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. x The draft report will need only minor revisions, requiring no more than 2 hours to produce the final report. x The handling charge for subcontractor costs is 12 percent and is included in Landau’s budget. x Costs do not include a contingency amount for unanticipated out-of-scope activities. SCHEDULE Landau is prepared to begin work immediately upon receipt of written authorization to proceed and anticipates the following schedule: x Week 1: Project initiation including data collection and review x Week 2: Site reconnaissance x Weeks 3 through 4: Reporting and submittal of the draft Phase I ESA report. The final report will be provided electronically (Adobe® PDF) within 1 week of receipt of comments regarding the draft version. 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. BUDGET Landau proposes to provide the above-described services on a time-and-expense basis in accordance with the attached Compensation Schedule, which is hereby made a part of this agreement, for an estimated cost of $8,400, as detailed in the table below: Proposal: City of Renton / Stoneway Property Phase I ESA Services August 15, 2025 4 landauinc.com Scope of Services Estimated Cost Task 1: Phase I ESA $8,400 TOTAL $8,400 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. AUTHORIZATION Landau anticipates that the City will develop a consultant agreement consistent with other agreements between the City and Landau to formalize the working relationship on this project. Please let us know how we can assist you in that process. CLOSING Landau appreciates the opportunity to submit this proposal and looks 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/tmh X260171.403 \\edmdata02\Proposals\C_Renton\2025-08 Stoneway Concrete\Landau_Stoneway Concrete_Phase I ESA_prop.docx Attachment: Compensation Schedule COMPENSATION SCHEDULE—2025 T: Templates\Contracts\2025 Compensation Schedule landauinc.com Personnel Labor Hourly Rate Senior Principal 375 Principal 350 Senior Associate 320 Associate 290 Senior 260 Senior Project 240 Project 220 GIS Analyst / CAD Designer 220 Senior Staff 200 Staff / Senior Technician II 180 Data Specialist 180 CAD / GIS Technician 165 Project Coordinator 150 Assistant / Senior Technician I 135 Technician 120 Support Staff 105 Expert professional testimony or the preparation thereof for court, deposition, declaration, mediation, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for technical subconsultants and for high-risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates’ services will be issued monthly. Interest of 1½ percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time (e.g., long-term continuing projects). TACOMA 2107 South C Street • Tacoma, Washington 98402 • (253) 926-2493 landauinc.com August 22, 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 Estimate Phase II Environmental Site Assessment Services Stoneway Property 1915 SE Maple Valley Highway 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 II environmental site assessment (ESA) services for the property located at 1915 SE Maple Valley Highway in Renton, Washington (Site). Landau understands that the City is evaluating potential purchase of the Site in order to develop a park and is requesting a Phase II ESA to evaluate the current subsurface conditions on the Site and potential impacts to the planned use of the Site. BACKGROUND INFORMATION The Site, also referred to as the Stoneway Property, consists of one 12.5-acre parcel (King County Parcel No. 172305-9026), which is owned by SRMRenton LLC. The Site is located north of the Cedar River and adjacent to the southeast of the City’s Cedar River Park. The Site was previously developed with a concrete batch plant operated by Stoneway Concrete. Based on available aerial imagery, the northcentral portion of the Site is currently used for storing dumpsters and roll-off containers and the remainder of the Site is vacant. Landau conducted an environmental review of the subject property on May 30, 2025 that included review of environmental investigation and remediation documents and publicly available information provided by the Washington State Department of Ecology (Ecology). Ecology records indicate that releases of petroleum products, arsenic, formaldehyde, and elevated (alkaline) pH were discovered at the Site resulting from its operation as a concrete batch plant from the 1960s to the early 2000s. The releases were reported to Ecology and the Site was listed on Ecology’s Confirmed and Suspected Contaminated Sites List database under Facility/Site ID 62244377 and Cleanup Site ID 2121. Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 2 landauinc.com Cleanup actions implemented by Environmental Partners, Inc. (EPI) between 2007 and 2010 included the excavation of contaminated soil for either on-site bioremediation and re-use as fill material or off- site disposal. EPI indicated that a minor amount of high-pH material surrounding the four large settling ponds on the south side of the Site could not be practically removed due to proximity to Cedar River. The remaining pH-impacted soils were relatively deep and were neither exposed to the surface nor in direct contact with surface water of the Cedar River. Although there is no established groundwater cleanup standard for pH, the highest recorded pH level at the subject property (12.54) exceeded the Resource Conservation and Recovery Act (RCRA) threshold for characteristic dangerous waste (12.5). As a result, pH was considered a parameter of concern for water quality. Quarterly groundwater monitoring was conducted by EPI from June 2009 through June 2010. By 2010, the only remaining chemical of concern exceeding Ecology Model Toxics Control Act (MTCA) cleanup levels or screening levels in groundwater at the Site was arsenic. While formaldehyde was not detected above laboratory reporting limits in each of the sampled monitoring wells as of August 2010, the laboratory analytical results for formaldehyde had laboratory reporting limits ranging from 1 to 1,000 micrograms per liter (μg/L) compared to the current MTCA Method B screening level of 0.55 μg/L, which is based on cancer risk. Additional groundwater monitoring for pH, dissolved arsenic, and formaldehyde was conducted by EPI and Farallon Consulting LLC between 2010 and 2024. Formaldehyde has not been included in laboratory analyses since 2017. Concentrations of dissolved arsenic have been below background levels since 2013, and pH has been between below the RCRA threshold for characteristic dangerous waste since 2017. Ecology issued a No Further Action (NFA) determination in 2019. Due to the presence of high pH soil and groundwater in the southern portion of the Site and concentrations of arsenic in groundwater exceeding the Site cleanup level, the NFA was conditioned on compliance with institutional controls recorded in an environmental covenant and performance of confirmational groundwater monitoring. In January of 2025, Ecology determined that groundwater monitoring could be discontinued but requested that the monitoring wells be left in place pending Ecology’s completion of a 5 Year Review of the Site. The 5 Year Review is required to evaluate compliance with the restrictive covenant and to confirm that the site cleanup continues to provide protection of human health and the environment. The review is anticipated to be completed by Ecology in October 2025. The City has requested a Phase II ESA as part of the City’s pre-purchase due diligence. The scope of work presented below is intended to evaluate current subsurface conditions at the Site and to address data gaps identified in the environmental review completed by Landau in May 2025. PROPOSED SCOPE OF SERVICES The proposed scope of services includes a subsurface investigation, reporting and data evaluation, and project management. This proposed scope of services is based both on information provided by the City and on Landau’s understanding of the Site. Descriptions of each task are provided below. Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 3 landauinc.com Task 1: Subsurface Investigation Task 1 includes the subsurface investigation; the elements required to complete this task are listed below: x Subsurface Investigation Work Plan: Landau will prepare a brief work plan consisting of a drilling and sampling matrix table, a figure showing the proposed investigation locations, and a plan for handling investigation derived waste. The plan will be submitted to Ecology for approval in accordance with the restrictive covenant. x Field Preparation: Landau will prepare a Site-specific health and safety plan and coordinate with the City, Ecology, and subcontractors to determine the Site investigation schedule. x Utility Locate: Prior to any subsurface activities, Landau will coordinate a public and private utility locate to identify potential utility conflicts within the investigation area. Landau will subcontract with a private utility locating company to identify conductible and non-conductible utilities near the boring locations prior to drilling activities and to use ground-penetrating radar to identify the boundaries of the four former settling ponds. x Soil Borings: Landau will subcontract with a licensed drilling contractor to conduct up to 2 days of drilling and sampling that will include advancing up to 9 soil borings at the Site to a maximum depth of 15 feet (ft) below ground surface (bgs) using direct-push drilling technology. During drilling, the subsurface soil will be screened for evidence of contamination using visual and olfactory methods. Additionally, samples will be screened for volatile organic compounds using a hand-held photoionization detector. - One boring will be advanced in each of the four former large settling ponds on the south side of the Site (LAI-1 through LAI-4). Soil samples will be collected from two intervals in each boring at 1 to 2 ft bgs and 10 to 12 ft bgs. If field evidence of contamination is observed during field screening, one of the samples will be collected from the impacted interval in the place of the nearest of the intervals listed above. - Three borings will be advanced to the east, north, and west of the former large settling ponds (LAI-5 through LAI-7). Soil samples will be collected from depths of 2 ft, 8 ft, and 15 ft bgs. If field screening indicates evidence of contamination, one of the three samples will be collected from the impacted interval in the place of the nearest of the intervals listed above. - Two borings will be advanced on the west and east sides of the Site (LAI-8 and LAI-9), within and downgradient of the formaldehyde cleanup area. Soil samples for laboratory analysis will not be collected from these borings. x Groundwater Sampling: Following collection of soil samples for field-screening from LAI-8 and LAI-9, the licensed driller will install a temporary well at each of the two borings and purge groundwater until it clears or until directed to stop by 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. Landau staff will access each of the six existing monitoring wells, collect water levels, and purge groundwater until it clears. Groundwater parameters (pH, temperature, specific conductivity, oxidation reduction potential, and dissolved oxygen) will then be measured, and one Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 4 landauinc.com groundwater sample will be collected from each monitoring well using low-flow sampling techniques. One blind field duplicate will be collected. x Laboratory Analysis: Landau will submit soil and groundwater samples for laboratory analysis to determine contaminant concentrations at the Site. For the purposes of cost estimating, Landau has assumed that up to 17 soil samples and 9 groundwater samples will be collected for the following analyses: The 8 soil samples collected from LAI-1 through LAI-4 will be submitted for the following analyses: - Total petroleum hydrocarbons (TPHs) in the diesel and oil ranges (TPH-D and TPH-O, respectively) by the Northwest TPH diesel-range extended (NWTPH-Dx) method. - TPH in the gasoline range (TPH-G) by the Northwest TPH gasoline-range extended (NWTPH-Gx) method. - MTCA 5 metals (arsenic, cadmium, chromium, lead, and mercury) by US Environmental Protection Agency (EPA) Method 6020/200.8. - Semivolatile organic compounds by EPA Method 8270E selected ion monitoring - pH by EPA Method 150.2. The 9 soil samples collected from LAI-5 through LAI-7 will be submitted for the following analyses: - pH by EPA Method 150.2 The 2 groundwater samples collected from LAI-8 and LAI-9 will be submitted for the following analyses: - Formaldehyde by National Council for Air and Stream Improvement, Inc. (NCASI) 98.011 The 7 groundwater samples (including one field duplicate) collected from the existing monitoring wells will be submitted for the following analyses: - TPH-D and TPH-O by the NWTPH-Dx method with and without silica gel cleanup methods. - TPH-G by the NWTPH-Gx method. - Dissolved MTCA 5 metals by US Environmental Protection Agency (EPA) Method 6020/200.8. The samples will be field-filtered. - Formaldehyde by NCASI 98.01 Samples will be placed in laboratory-provided sample containers and delivered to an accredited analytical laboratory in a chilled cooler under standard chain-of-custody procedures for chemical analysis. 1 ALS Global’ s laboratory in Kelso, Washington is currently the only laboratory certified by Ecology for analysis of formaldehyde in water. The lab is only able to report down to a concentration of 200 μg/L. The current Method B screening level for formaldehyde is 0.55 μg/L. Landau is researching additional options for analysis of formaldehyde. Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 5 landauinc.com x Investigation-Derived Waste (IDW) Management Characterization and Disposal: Soil and water IDW generated during drilling will be placed in drums and stored onsite 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, pH, 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, pH, 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 2: Reporting and Data Evaluation Following 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 applicable regulatory criteria. The analytical data and investigation findings will be presented electronically (Adobe® PDF) in a technical memorandum, which will include a summary of the investigation activities and sampling methods, data tables, and figures. 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 memorandum followed by preparation of the final document. If additional investigation or cleanup activities are necessary, this work would be conducted under a separate scope. Task 3: 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 and project billing. This task will also include communications with Ecology to provide notification of the intended project scope per the conditions included in the restrictive covenant. Assumptions For the purpose of estimating costs, the following assumptions were made: x The City will provide access and any necessary rights-of-entry to the Site and to all sampling locations at the time of the environmental investigation, including pursuing an access agreement with the current Site owners. x Communications with Ecology will require no more than 2 hours at the Senior Associate level. x Drilling field activities, including the private utility locate, the advancement of eight soil borings, and the collection of soil and groundwater samples, can be completed in two 12-hours day by one Landau Project geologist or engineer and one Landau staff geologist or engineer, including round-trip travel time and laboratory sample drop off. A third trip to the Site will be needed prior to sampling to mark the proposed boring locations ahead of the public utility locate. Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 6 landauinc.com x The analytical laboratory estimate assumes that all analyses will be requested with a standard turnaround time. Additional expedited analysis is available upon request for an additional fee, which is described below. x The existing groundwater monitoring wells are in good condition and will not need to be redeveloped prior to sampling. x 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 at the Site. Non-conductible utilities and other infrastructure are not typically identifiable using conventional radio detection utility locating equipment. Landau is not liable for damage to any underground utilities not identified by the City to Landau or not detected by the underground utility locate service. x The waste generated during field activities will be properly drummed, labeled, and stored at a secured location at the Site selected by the City while Landau arranges for appropriate disposal. Costs for offsite disposal as nonregulated waste are included in the proposed budget for this project. If analytical results determine that the waste does not qualify as nonregulated, Landau will discuss with the City an amendment to the budget for appropriate disposal costs. x The City will provide IDW manifest authorization for disposal of IDW. Landau will not need to be at the Site for IDW pickup. x The City will provide one consolidated set of edits to the technical memorandum. It is assumed that comments from the City will require no more than 2 hours of Landau staff time to address. x Costs do not include a contingency amount for unanticipated out-of-scope activities by Landau or subcontractors. x The subcontractor markup for all tasks is 12 percent and is included in the proposed budget. SCHEDULE Landau is prepared to commence work under this scope of services immediately upon receipt of written authorization to proceed. We anticipate that the field investigation could be completed within 2 weeks of authorization, subject to subcontractor availability. Soil and groundwater samples will be submitted to the laboratory on a standard turnaround time of 10 business days. An expedited turnaround time of 5 business days is available for an additional fee. The technical memorandum will be prepared within 2 weeks following Landau’s receipt and analysis of the final laboratory analytical reports. The final memorandum will be issued within 5 business days following receipt of comments on the draft. COST Landau proposes to provide the above-described services on a time-and-materials basis for an estimated cost of $46,390, as detailed in the table below: Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 7 landauinc.com Scope of Services Estimated Cost Task 1: Subsurface Investigation $31,490 Landau Labor and Non-labor $14,100 Utility Locating $1,040 Direct-push Drilling $4,270 Laboratory Analyses $10,960 Waste Disposal $1,120 Task 2: Reporting and Data Evaluation $10,600 Task 3: Project Administration and Communications $4,300 TOTAL $46,390 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 Kathryn Hartley, Senior Associate, who will provide senior quality review of project deliverables and assist with project planning and client coordination, as needed. Jamie and Kathryn will be supported by other Landau staff who are experienced with environmental investigations in the Pacific Northwest. AUTHORIZATION Landau proposes to provide the above-described services on a time-and-materials basis in accordance with the attached Compensation Schedule, which is hereby made part of this agreement. 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 authorization from the City. If the above-described services meet your approval, Landau assumes the City will issue a Professional Services Agreement consistent with previous agreements between Landau and the City to provide authorization to proceed. CLOSING Landau appreciates the opportunity to submit this proposal and looks forward to working with you on this project. Please contact Jamie Brewster (434.227.3089; jbrewster@landauinc.com) or Kathryn Hartley (425.248.7520; khartley@landauinc.com) if you have any questions regarding this proposal. Proposal: Phase II ESA Services, The Stoneway Property, Redmond, Washington August 22, 2025 8 landauinc.com LANDAU ASSOCIATES, INC. Jamie Brewster Project GIT Kathryn Hartley Senior Associate Scientist JLB/KFH/tmh X260178.500 [X:\P_EDMONDS\2025-04_300 ADMIRAL WAY PHASE II ESA\LANDAU 300 ADMIRAL WAY,EDMONDS_PRO 042425.DOCX] Attachment: 2025 Compensation Schedule COMPENSATION SCHEDULE—2025 T: Templates\Contracts\2025 Compensation Schedule landauinc.com Personnel Labor Hourly Rate Senior Principal 375 Principal 350 Senior Associate 320 Associate 290 Senior 260 Senior Project 240 Project 220 GIS Analyst / CAD Designer 220 Senior Staff 200 Staff / Senior Technician II 180 Data Specialist 180 CAD / GIS Technician 165 Project Coordinator 150 Assistant / Senior Technician I 135 Technician 120 Support Staff 105 Expert professional testimony or the preparation thereof for court, deposition, declaration, mediation, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for technical subconsultants and for high-risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates’ services will be issued monthly. Interest of 1½ percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time (e.g., long-term continuing projects).