2014/07/16 Council Agenda Packet

Background This cleanup work is part of the larger Everett Smelter Cleanup. Ecology is continuing to clean up shallow arsenic contamination in areas of the Upland Area of the Everett Smelter Project Site. Site remediation and restoration of properties in the Upland Area are being performed in accordance with the 1999 Everett Smelter Site Integrated Final Cleanup Action Plan and Final Environmental Impact Statement for the Uplands Area. These activities include shallow soil removal and replacement, soil sampling, surface and landscape restoration, and any and all work activities required in connection with soil sampling or soil excavation and replacement, and topography and landscape restoration. Ecology is not removing all possible soil contamination that may be present in the Property. The purpose of this Work is to remove arsenic -contaminated soil and potentially contaminated soil from exposed surface areas where park users may come in regular, long-term contact with the contamination. Ecology received funding from the legislature (13-15 biennium budget) to complete the cleanup work in the American Legion Memorial Park and Arboretum. These funds, and no additional funds, will be used to cover the cost of the work outlined in this agreement and the Project Manual. Cleanup and related work will be performed in accordance with the design documents and the project manuals developed by Ecology and reviewed and approved by the City of Everett. Access Conditions: Ecology shall have access to the Property at all reasonable times for the duration of this Owner Agreement. Access to the Property shall be solely for the purpose of carrying out the terms of this Owner Agreement. If any dispute arises regarding the terms under which Ecology's employees or contractors may access the Property, the City agrees to initiate the process described in the Resolution. of Disputes section, below. Unless the City has first followed the process for initiating a Resolution of Dispute with Ecology, City representatives may not restrict or bar access to the Property during the period of construction. (1) Representation of Ownership: City is .the owner of the real property described in the first paragraph of this Owner Agreement, above. (2) Duration of Owner Agreement: This Owner Agreement shall be effective when both parties have executed it as evidenced by their signatures below. This Owner Agreement shall remain in effect until Ecology certification that all Work described in the Project Manual has been completed or until May 30, 2015. 31