Port Angeles asbestos cost dispute settled

PORT ANGELES — A dispute has been settled between the city and a contractor over the cost of removing asbestos from the closed regional landfill.

Contractor Magnus Pacific Corp., an environmental construction services company, had sought $1.6 million for costs mostly associated with removing the toxic substance, including the 92 additional days it required, and for earthen wall modifications that are still underway.

The city had wanted to pay $353,384 to settle the claims.

Seattle mediator Chris Soelling negotiated a pact under which Magnus will get $300,000.

City Council members approved the agreement 6-1 Tuesday.

Public Works and Utilities Director Craig Fulton termed it “very successful mediation.”

The cleanup is part of the nearly completed $14.5 million landfill stabilization project.

The site is located on an eroding 18th Street bluff overlooking the Strait of Juan de Fuca.

Craig Fulton, public works and utilities director, said Thursday the project should be completed by mid-February.

But it has entailed Magnus removing 7,283 cubic yards of asbestos — 7,273 cubic yards more than called for in the contract.

Councilman Lee Whetham voted against the agreement, citing a 15 percent minimum apprenticeship requirement for overall reported job-site hours that was not met on the project.

The apprenticeship utilization rate so far is 13.4 percent.

But Whetham said the council was ignoring an agreed-upon municipal code change.

“I would like more support on this,” he said.

Councilman Michael Merideth said he appreciated that the city would avoid litigation but said it was “unfathomable” the contract called for just 10 yards of asbestos removal given the city’s industrial heritage.

But Councilman Dan Gase called the settlement “excellent.”

Fulton added Thursday that all the apprentices were local hires.

“They could have gotten apprentices from the Seattle area, but they got them here,” he said.

Garbage was freely dumped at the site from at least 1947, when the city purchased it from J.R. and Minnie McDonald, until 1971, when users started paying a fee. It was shut down in 2007.

Workers have moved 265,000 cubic yards of garbage back from the bluff to another part of the landfill.

Fulton said the project will be completed when workers finish modifying a mechanically reinforced earthen wall.

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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at pgottlieb@peninsuladailynews.com.

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