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Virgin Islands Housing Authority Pott Office Box 7668 Charlotte Amalie St. Thomas, U.S. Virgin Itlands 00801 Telephone (809) 775-2741 Office of the Executive Director February 11, 1994 By Fax and U.S. Mail Thomas V. Danahy Senior Scientist/Project Manager Geraghty & Miller, Inc. 201 West Passaic Street, 3rd Floor Rochelle Park, New Jersey 07662 Dear Mr. Danahy: The Virgin Islands Housing Authority (VIHA) is in receipt of your proposed site access and release agreement to conduct investigative activities on VIHA property. At the advice of VIHA's Legal Counsel, Ralda Simmonds, I am requesting that the following amendments be made to the agreement prior to signature: 1. The agreement should have a specified term of commencement and termination. In your conversation with Ms. Simmonds, you indicated that access would probably be required up to November of 1994. I am, therefore, requesting that a provision covering this time period be included in the agreement. 2. The agreement should provide for a minimum of five(5) working days written notice prior to coming on the VIHA site for all site activities except installation of the monitoring well. A minimum of fourteen(14) working days written notice is needed prior to any well installation. — An equal opportunity employer — OO7 1151 *64967* 64967 Thomas V. Danahy Senior Scientist/Project Manager February 11, 1994 Such prior notice is required to afford the maintenance staff adequate time to schedule site visits. Notice is considered given upon receipt by fax, mail, or hand delivery to: Conrad E. Francois, II & Ralda Simmonds, Esq. Virgin'Islands Housing Authority 1402 Estate Annas Retreat Post Office Box 7668 Charlotte Amalie, St. Thomas Virgin Islands 00801 Telecopier (809) 775-0832 3. The Release provision of the agreement should indemnify VIHA not just from claims for injury or damage to members of the Tutu Environmental Investigation Committee and Geraghty & Miller, Inc., but from any third party. 4. The agreement should provide for a schedule of proposed site inspections including a detailed description of site activities to be completed during each inspection; approximate time to complete each activity; and names of individuals authorized to conduct each activity. 5. The agreement should provide that all activities will be conducted at reasonable times and in a reasonable manner to ensure that the activities do not represent any environmental, safety or health risk to the VIHA's employees and do not interfere with the operations at the VIHA property. 6. The agreement should provide for the issuance to the VIHA of all preliminary lab reports, summary tables or other data reflecting the results of any sampling event conducted upon the VIHA property, including, but not limited to results of soil-gas surveys, soil samples testing, ground water testing, pumping tests or water level measurements. More specifically, the VIHA should be provided with results of soil-gas surveys at least thirty(30) days prior to any proposed well installation, to afford the VIHA time for review of results and to comment on proposed well location. 7. Under Exhibit A - Site Activities - all interviews to be conducted should be with VIHA personnel as designated by myself or the Legal Counsel. TUT 007 ,115'•V? Thomas V. Danahy Senior Scientist/Project Manager February 11, 1994 Please feel free to contact me or VIKA's Legal Counsel if you should have any questions about these proposed revisions. Sincerely, Conrad E. Francois, II Executive Director CEF/RVS/j fdw c: Alberto Colberg - Field Coordinator Caroline Kwan - US EPA Q yjjjs COPY FOE Timothy Knutson, Esq. - ^'"•" ~ TUT OO7