2014/07/16 Council Agenda Packet

6 AGREEMENT FOR ACCESS, REMEDIATION, AND RESTORATION CITY OF EVERETT AMERICAN LEGION MEMORIAL PARK AND EVERGREEN ARBORETUM CLEANUP AND RESTORATION PROJECT EVERETT SMELTER UPLANDS CLEANUP THIS AGREEMENT FOR ACCESS, REMEDIATION, AND RESTORATION (the "Owner Agreement") is entered into between the Washington State Department of Ecology ("Ecology") and City of Everett ("City"). Ecology is responsible for the investigation and remediation of hazardous waste sites in Washington pursuant to the Model Toxics Control Act (MTCA), Chapter 70.105D RCW and Chapter 173-340 WAC. The City is the owner of real property located at 145 Alverson Blvd., Everett, Washington, Tax Parcel No. 29050800200300 ("Property"), known as the City of Everett American Legion,Memorial Park and Arboretum. The Property is known to be impacted by metals contamination from ASARCO Everett Smelter facility. The Everett Smelter Site is a known hazardous waste site, generally located in North Everett, Washington. The State of Washington has obtained funds through a settlement in the bankruptcy of ASARCO for the remediation of hazardous substances at the Everett Smelter Site. Ecology received appropriated funding from the legislature in the 13-15 budget to complete the cleanup work in the American Legion Memorial Park and Arboretum. These funds, and no additional funds, will be used by Ecology to cover the cost of the work outlined in this agreement. Ecology's authorization to complete the remediation and restoration work is contingent on the sufficiency and continued availability of this funding. In accordance with the terms and conditions described below, the City hereby authorizes Ecology to perform remediation and restoration activities on the Property (henceforth referred to as both "the Project" and "the Work") and grants Ecology and its agents and contractors access to the Property for this purpose. The Work is detailed in a project manual and design documents. By signing this Owner Agreement, the City accepts that the Property will be remediated and restored by Ecology in accordance with the teiius and conditions described herein. The City understands and accepts that once the Owner Agreement is signed, Ecology will award the contract for the Work based upon the signed Owner Agreement and its terms and conditions. It can be very costly to Ecology to make any changes to the Owner Agreement after it is signed. Therefore, upon signing this Owner Agreement, the City understands and accepts that Ecology is under no obligation to agree to future changes requested by the City. Ecology will generally not agree to requests that will result in extra cost to Ecology. 30