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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: PAGE 3OF10 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 } 3 hi tld?fit 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. Af T.lis, 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) CO 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 % t'` - ,C,;i `l /% 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 1 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 2