RES 89-007 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA)

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-18- 14.0 FINAL INSPECTION Following completion of remedial action, the City, the State, and EPA, • and/or the remedial contractor will jointly inspect the project to confine that all outstanding construction items are resolved. Upon the State's approval of the final inspection report the remedial action will be ready for service. 15.0 REMEDIAL ACTION REPORT The State will prepare an Interim RA report at the completion of the RA Construction described in this Contract. This report shall be submitted to the City for review within sixty (60) days after the joint EPA/State/City Final Inspection. This report will describe outstanding construction items from the pre-final inspection and indicate that disputed items were resolved; summarize work defined in the Statement of Work (SOW) for the GAC facility construction contract and certify that this work was performed; explain any modifications to work in the SOW and why these were necessary for the project; and certify that the remedy is functional and operational. 16.0 ACCEPTANCE OF THE REMEDY The State Interim RA report will be provided to the City by the State. The City shall review and comment on the Interim RA report and respond in writing to the State regarding the City's approval of the report within 20 days of receipt of the report. The City review and approval of the RA report will signify the City's acceptance of the project. The State shall not accept the project until the City has accepted the project. Any dispute • regarding the acceptability of the project shall be resolved according to Part 19.0. The State will then provide to EPA the Interim RA Report documenting the RA's adequate completion and performance. The State will request the EPA Regional Administrator to accept the treatment facility and pipeline. 17.0 TRANSFER OF FACILITIES, GUARANTEES AND WARRANTIES Title to the project property (not including the land which is owned by the City) is vested in the State subject to the conditions of 40 CFR Part 30.530(b) . The date of the EPA's letter of acceptance of the project will be the effective date of the State's transfer of use and actual possession of the project RA, including the GAC facility and pipeline to the City. Upon transfer: (i) The City assures that it will comply with 40 CFR Part 30 and any other applicable federal laws or regulations; (ii) When the remedy is no longer needed to treat contaminated ground water, the City agrees to notify the MPCA and the EPA and to follow their instructions on disposal of the CERCLA and state-funded facilities and equipment; (iii) if and when the MPCA is granted authority to transfer the title to the project property, the City agrees to accept the transfer of title. Upon the EPA's acceptance of the remedy all guarantees and warranties associated with the remedy will be transferred to the City's possession. •