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6 <br /> to, field notes, boring logs, quality assurance/quality control data, and chain-of-custody <br /> records. <br /> 3. Notice, Observation, and Split Samples. The City agrees to notify <br /> ExxonMobil, American Distributing, and AMEC of its intent to commence excavation <br /> work on the Project at least fourteen (14) days before commencing such work. The City <br /> shall allow ExxonMobil, American Distributing, and AMEC to observe the City's Project. <br /> If soil or groundwater sampling is requested by ExxonMobil, American Distributing, or <br /> AMEC, the City shall split samples with ExxonMobil, American Distributing, or AMEC. <br /> ExxonMobil, American Distributing, or AMEC shall supply its own sample containers, <br /> coolers, chain-of-custody forms, and any other equipment or field supplies necessary to <br /> obtain and submit any split samples collected for analysis. <br /> 4. Soil Haul and Disposal. ExxonMobil and American Distributing shall be <br /> responsible for arranging for disposal and disposing in compliance with applicable laws <br /> and regulations petroleum-impacted soil excavated in connection with the Project <br /> between approximately Station 13+80 and Station 20+82, except for soils that have <br /> previously been removed prior to the Project (see Attachment A). The City agrees to <br /> work with and reasonably cooperate with ExxonMobil, American Distributing, and AMEC <br /> in planning for and implementing the Project, including, but not limited to, providing <br /> copies of excavation plans and trenching locations, inviting. ExxonMobil, American <br /> Distributing, and AMEC to participate in the City's meetings with its contractors <br /> regarding performance of the Project, and providing timely information about any <br /> revisions or modifications to the Project. The City shall provide ExxonMobil, American <br /> Distributing, and AMEC at least forty-five (45) days' notice prior to the scheduled start of <br /> the Project so that AMEC has sufficient time to complete profiling of waste to be <br /> disposed. The City shall transport excavated petroleum impacted soils from the Project <br /> to Republic Services' 3`d and Lander Transfer Station, located at 2733 3`d Avenue <br /> South, Seattle, Washington 98134 (the "Transfer Station"). ExxonMobil and American <br /> Distributing shall reimburse the City for the cost of transporting petroleum impacted soil <br /> from the Project to the transfer station at a rate established in the construction contract <br /> between. the City and its contractor. ExxonMobil and American Distributing shall <br /> receive a credit for the cost the City would have incurred to transport and dispose Class <br /> I soil at a rate of$14.13 per ton for all petroleum impacted soil excavated in connection <br /> with the Project and transported to the Transfer Station for disposal. ExxonMobil and <br /> American Distributing shall provide documentation of soil disposal tonnage to verify <br /> quantities. ExxonMobil and American Distributing shall designate AMEC to sign bills of <br /> lading on their behalf for the transport and disposal of petroleum-impacted soil. <br /> • <br /> In the event the City encounters petroleum-impacted soil or groundwater between <br /> Station 12+70 and Station 13+80, the City may present a claim to ExxonMobii and <br /> American Distributing with credible evidence that the impacts are due to releases from <br /> ExxonMobil's or American Distributing's operations. If ExxonMobil and American <br /> Distributing concur with the City's finding, the Reasonable Incremental Costs to <br /> transport and dispose such soil or groundwater will be reimbursed in accordance with <br /> this Agreement. ExxonMobil and American Distributing will review the claim in good <br /> faith and will not withhold concurrence without reasonable justification. <br /> Funding Agreement Page 2 of 8 <br /> 2002 001 hh310502 <br /> 49 <br />