R99-99 AUTHORIZING EXECUTION OF CONSULTING AGREEMENT

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allow others to use the highway Right-of-Way by permit. To the extent necessary for its Work, the City reserves the right and the right of those using its property under permit to remove contaminated soil and/or groundwater above Tier 1 residential remediation objectives from its Right-of-Way and to dispose of them as they deem appropriate not inconsistent with applicable environmental regulations so as to avoid causing a further release of the Contaminants and to protect human health and the environment. Prior to taking any such action, the City will first give Owner/Operator no less than eight months' written notice prior to a letting for Work on published programs and otherwise no less than three months written notice, unless there is an immediate threat to the health or safety to any individual or to the public, that it intends to perform Work in the Right-of-Way which may involve removing and disposing of contaminated soil or groundwater to the extent necessary for its Work. During this period, which may be extended by agreement of the parties, the City and Owner/Operator will engage in a good faith, collaborative process to arrive at a consensus approach to managing the impacted soil or groundwater in the Right-of-Way in an attempt to reconcile OwneNOperator's preference for performing as much of this work as possible with the City's engineering and other constraints in doing so. Work performed by Owner/Operator would be performed under a permit from the City. The final decision for management will be in the discretion of the City. Failure to give notice is not a violation of this Agreement. The removal and disposal shall be based upon the site investigation (which may be modified by field conditions during excavation), which Owner/Operator may review or may perform, at no cost to the City, if requested to do so by the City. If practicable, as determined by the City, the City may request Owner/Operator to remove and dispose of the contaminated soil or groundwater necessary for the City's work in advance of that work.