HomeMy WebLinkAboutContract CAG-18-166
AGREEMENT FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT
- BENSON HILL ACQUISITION PARCEL ID 0088000361
THIS AGREEMENT, dated 8/27/2018, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Landau Associates, Inc. ("Consultant"), a Washington
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 a Phase I environmental site assessment
(ESA) for the Benson Hill property as specified in Exhibit A — Scope of Services, 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 in Exhibit A —Scope of Services
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 — Scope of Services. All Work shall be
performed by no later than November 30, 2018.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $6,800, plus any applicable state and local sales taxes.
Compensation shall be paid k: " ' 4 p.."7`'. The Consultant agrees that any
hourly or flat rate charged by it for its Work shall remain locked at the negotiated
rate(s) unless otherwise agreed to in writing or provided in Exhibit A — Scope of
Services. 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 is performed, 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 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 City after 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 2OF1O
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:
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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 4OF1O
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's Code 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: The 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:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://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
PAGE 5OF10
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
control occur, 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 CONSULTANT
Leslie Betlach Kathryn Hartley
1055 South Grady Way 130 2nd Avenue South
Renton, WA 98057 Edmonds, WA 98020
Phone: (425) 430-6619 Phone: (425) 778-0907
Lbetlach@Rentonwa.gov khartley@landauinc.com
Fax: (425) 430-6603 Fax: °E }
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PAGE 6 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 7 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 Erica
Schmitz. 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.
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PAGE 8 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.
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 90F10
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 CONSULTANT
tega, i . . ,'--./(/;,d, ,477) ''-2(' /4",„e/e,14./
By:
Kelly Beymer Kathryn Hartley
Community Services Administrator Senior Associate
0 7//g 8/24/18
Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Contract Template Updated 04/10/2018(clb 486)
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PAGE 10 OF 10
EXHIBIT A LANDAU
ASSOCIATES
August 24, 2018
City of Renton
1055 South Grady Way
Renton,WA 98057
Attn: Leslie A. Betlach, Parks Planning and Natural Resources Director
Erica Schmitz, Capital Project Coordinator
Transmitted via e-mail to:Ibetlach@rentonwa.gov;eschmitz@rentonwa.gov
Re: Proposed Scope of Services and Cost Estimate
Phase I Environmental Site Assessment
Benson Hill Property
Renton,Washington
Dear Ms. Betlach and Ms. Schmitz:
Landau Associates, Inc. (LAI) is pleased to submit this proposed scope of services and cost estimate to
assist the City of Renton (City)with a Phase I environmental site assessment (ESA)for the Benson Hill
property, located northwest of the intersection of 116th Avenue SE and SE 168th Street in Renton,
Washington (subject property). Based on information from the King County website and recent aerial
photography,the subject property consists of one 0.71-acre parcel (King County Parcel No.
0088000361),which is currently owned by King County Property Services.The subject property is
currently vacant and undeveloped.
We understand that the City is considering acquisition of the subject property and that the
Phase I ESA is being conducted to evaluate and document conditions related to the subject property
that could present environmental liabilities to an owner.
Proposed Scope of Services
LAI will conduct a Phase I ESA in accordance with the ASTM International (ASTM)Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment Process, E 1527-13 (as
applied in the State of Washington).The Phase I ESA will include a review of historical and regulatory
information, a site reconnaissance, interviews,and data evaluation and reporting of our assessment
of the presence of recognized environmental conditions,historical recognized environmental
conditions, and controlled recognized environmental conditions in accordance with the ASTM
standard.We will also identify, as appropriate, potential environmental concerns,which are
conditions that do not meet the definition for a recognized environmental condition, but that warrant
recognition by a potential purchaser.
Based on information provided by the City, we understand that releases have been reported at a
former dry-cleaning site located across the intersection to the southeast of the subject property.The
130 2nd Avenue South • Edmonds,Washington 98020 • (425)778-0907 • www.landauinc.com
Proposal:City of Renton/Benson Hill Property Phase I ESA Landau Associates
Phase I ESA will include an evaluation of environmental conditions at the former dry-cleaning site, as
they relate to the subject property.
The report will document recognized environmental conditions and potential environmental concerns
identified during our assessment.The report will also identify data gaps determined during our
assessment, our efforts to fill them, and comments on whether the data gaps are significant and
affect our overall findings.The report will also include recommendations for further investigation to
address any recognized environmental conditions, potential environmental concerns, and/or data
gaps, as warranted.
Estimated Schedule
We are prepared to begin work immediately upon receipt of your written authorization to proceed.
We anticipate the following schedule:
• Weeks 1 and 2: Project initiation including data collection and review, and site
reconnaissance.
• Weeks 3 and 4: Data evaluation and reporting including submittal of an e-mail summary of
preliminary findings.
• Week 5: Reporting and submittal of the draft Phase I ESA report.
This schedule is based on receipt of records from the Washington State Department of Ecology
(Ecology) and Puget Sound Regional Archives within 2 weeks of placing a records request. If records
cannot be acquired in time to meet this schedule, LAI will inform the City and discuss options for
adjusting the project schedule while meeting the City's needs.
The final report will be provided electronically (in PDF format)within 1 week of receipt of comments
regarding the draft version(s).
Assumptions
Our assumptions in preparing this scope of services and cost estimate include the following:
• The City will provide access and any necessary rights-of-entry to the subject property.
• The City will provide copies of any available environmental documentation about the subject
property including any previous investigation reports within 1 week of authorization of this
proposal.
• The City will return to LAI a completed copy of the "User-Provided Information Request Form"
(attached)for the subject property within 1 week of authorization of this proposal.
• The City will provide access to individuals/owners/tenants familiar with historical operations
at the subject property.
• The draft report(s)will need only minor revisions, requiring not more than 2 hours to produce
the final report(s).
• Conditions at immediately adjacent properties 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.
August 24,2018 2
Proposal:City of Renton/Benson Hill Property Phase I ESA Landau Associates
• The state agency regulatory review for the Phase I ESA will be based on the subcontracted
database report, and acquisition and review of information from Ecology. Acquisition and
review of records from additional agencies would be assessed based on the database report
review, and conducted under a separate authorization.
• The handling charge for laboratory subcontractors is 12 percent and is included in our cost
estimate.
• If unexpected conditions are identified or arise that require any significant changes to this
scope of services, costs, or schedule, LAI will notify the City immediately to discuss how to
proceed.
• Costs do not include a contingency amount for unanticipated out-of-scope activities by
subcontractors and/or LAI.
Cost
The proposed cost for the Phase I ESA is a lump sum of$6,800.
Project Staff
LAI staff for this project will include Kathryn Hartley, Senior Associate,who will be the senior
professional responsible for performance and management of the project. Kathryn has extensive
experience with ESAs for properties throughout the Pacific Northwest.Amy Maule, Project Scientist,
will support Kathryn on the project.
Authorization
Our services will be provided in accordance with a Professional Services Agreement between LAI and
the City. If unforeseen conditions are encountered, we will bring these to your attention and seek
modification to the scope of services and budget, as appropriate.
We look forward to the opportunity to work with the City on this project.
LANDAU ASSOCIATES, INC.
Amyf E. Maule
Project Scientist
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IALANDAU Phase I Real Estate Transfer Assessment / Environmental
ASSOCIATES
Site Assessment User-Provided Information Request Form
Name: Title:
Company Name: Phone:
Relationship to user: Relationship to subject property:
1. Are you aware of any environmental cleanup liens against the subject property that are filed or recorded under
federal,tribal,state, or local law?
No Yes (if yes, please provide details in the space below).
2. Are you aware of any Activity and Use Limitations(AULs),such as engineering controls, land use restrictions or
institutional controls that are in place at the subject property and/or have been filed or recorded in a registry under
federal,tribal,state,or local law?
No Yes (if yes, please provide details in the space below).
3. As the user of this Environmental Site Assessment(ESA), do you have any specialized knowledge or experience
related to the subject property or nearby properties?For example,are you involved in the same line of business as
the current or former occupants of the subject property or adjacent property so that you would have specialized
knowledge of the chemicals and processes used at this type of business?
No Yes (if yes, please provide details in the space below).
4. Does the purchase price being paid for the subject property reasonably reflect the fair market value of the subject
property? No Yes . If you conclude that there is a difference, have you considered
whether the lower price is because contamination is known or believed to be present at the subject property?
No Yes (please provide details in the space below).
12/08/16 S:\Sharedoc\000Phase I ESA Resources\Phase I ESA Questionnaire.docx Landau Associates
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14 LANDAU Phase I Real Estate Transfer Assessment / Environmental
ASSOCIATES
Site Assessment User-Provided Information Request Form
5. Are you aware of commonly known or reasonably ascertainable information about the subject property that would
help Landau Associates to identify conditions indicative of releases or threatened releases?For example,as user,
a) Do you know the past uses of the subject property?
No Yes
b) Do you know of specific chemicals that are present or once were present at the subject property?
No Yes
c) Do you know of spills or other chemical releases that have taken place at the subject property?
No Yes
d) Do you known of any environmental cleanups that have taken place at the subject property?
No Yes
If you answered yes to any of the above, please provide details in the space below.
6. As the user of this ESA, based on your knowledge and experience related to the subject property,are there any
obvious indicators that point to the presence or likely presence of contamination at the subject property?
No Yes (if yes, please provide details in the space below).
Signature/Date
12/08/16 S:\Sharedoc\000Phase I ESA Resources\Phase I ESA Questionnaire.docx Landau Associates
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