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Oregon DEQ - Cleanup at New Library Site �� ® Department of Environmental Quality Northwest Region Portland Office m: 2020 SW 0 Avenue,Suite 400 Theodore Kulongoski,Governor " OR 97201-4987 (503)'229-5263 FAX,(503)229-6945 TrY(503).229-5471 September 3, 2004 Mr. Agustin P. Duenas, City Engineer City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Re: Voluntary Letter Agreement Tigard Library Tigard,Oregon ECSi No.4063 Dear Mr. Duenas: This letter serves as a Voluntary Letter Agreement(Agreement)between the City of Tigard (the City) and the Oregon Department of Environmental Quality(DEQ),regarding DEQ review and oversight of the investigation and/or cleanup of hazardous substances at the property'being developed for the Tigard Library. DEQ understands that the Tigard Library project involves three tax lots (i.e.,tax lots 100, 200, and 600) located at 13360& 13560 S.W. Hall Blvd. in Tigard, Oregon (the Property). Work to be performed under this Agreement will include completion of a Site Investigation. The objective of the Site Investigation is to determine whether hazardous substances are present in soil, groundwater, surface water, and sediment in concentrations that pose an unacceptable risk to human health and/or the environment. Under this'Agreement, DEQ will perform the following review and oversight activities: • Conduct a site visit; • Review files and documents,pertaining to environmental conditions at the Property; • Meet with the City and/or City's consultants to discuss the scope of work, methods, and schedule for the Site Investigation; • Review and provide comments on the draft Site Investigation Work Plan; o Review and approve the final Site Investigation Work.Plan; Oversee the Site-Investigation; • Review,and provide comments on the draft Site,Investigation Report; and • Review and approve the final Site Investigation Report. City of-Tigard Voluntary Letter Agreement September.3,2004 Page 2 of 4 Under this Agreement, the City agrees to perform the following work: • Submit a Site Investigation Work Plan to DEQ within 45 days of the City's execution of this Agreement. The Site Investigation Work Plan should include,but not be limited to, the following: - A detailed history of the Property (e.g.,chronology of ownership, use and development history, results of previous engineering and environmental work). - A technical approach for identifying potential sources of contamination, the nature of contamination, the extent of contamination, contaminant migration pathways, exposure pathways, likely receptors,and potential,hot spots of contamination; • Finalize documents submitted to DEQ under this Agreement:within.3.0 days of receipt of . DEQ's review comments on drafts. • Implement the Site Investigation in accordance with the scope of work and schedule specified in the DEQ-approved Work Plan(including submission of a Site Investigation Report). Based on the findings of the items listed above,further action may be warranted at the Property. This work may include additional site investigations,risk assessment;remedial action evaluation and selection, and/or a"no further action" (NFA)determination consistent with Oregon's Environmental Cleanup Law. DEQ will provide public notice and opportunity for comment on any remedial action proposal or NFA determination in accordance with ORS 465.320. DEQ will also determine, in consultation with the City, the form of any further agreement needed to. manage the project in the most effective manner. DEQ requires that persons seeking DEQ review and oversight of investigation and cleanup activities provide a minimum deposit of$5,000 to pay for DEQ's costs:associated with preparation of this.Agreement, and as an advance against costs that DEQ will incur. The deposit must be in the form of;a check payable to the"Department of Environmental quality','.*.,When the City has signed'this.letter and their.deposit has.been received by DEQ, a.sub;`account of the Hazardous Substances Remedial,Action Fund will be established to be drawn upon by DEQ as project costs are incurred. DEQ project costs will include direct costs,and indirect costs: Direct costs include site-specific expenses and.legal costs. Indirect costs are.those general management and support costs of the State of Oregon and.DEQ allocable to DEQ oversight of this Agreement and not charged as direct,site-specifier costs. Indirect charges are based on actual-costs and are applied.as a percentage of directt.personal�services costs: Review:and oversight costs will.not include any unreasonable costs or not otherwise recoverable by DEQ under ORS 465:255. 'DEQ will provide the City with a monthly invoice, a sample of which is attached. In the event project costs exceed the sub-'account balance,DEQ will submit to the City an invoice for any costs in excess of the advance. In the event project costs do not exceed the sub-account balance, DEQ:will refund within 60 days of the close of the project'any amount of-the deposit remaining �eR�xa City of Tigard Voluntary Letter Agreement September 3,2004 Page 3 of 4 in excess of the.actual costs; or will apply the remaining amount toward oversight of work under any further agreement necessary for the project. Either the City or DEQ may terminate this.-Agreement by giving 15 days advance written notice to the other. Be advised that because DEQ considers this site a High Priority.for further, investigation, if'the City terminates this Agreement without completing the Site Investigation, DEQ may take action to complete the work and recover costs.incurred as permitted by law. Such action could include issuing a unilateral order or using state contractors to,complete the work. Only those costs incurred or obligated by DEQ prior to the effective date of any-termination of this Agreement shall be recoverable under this Agreement. Termination of this Agreement will not affect any other right DEQ may have for recovery of costs under applicable law. The City shall hold DEQ harmless for any claims(including but not limited to claims of property damage or personal injury)`arising from activities performed by the City and reviewed or overseen by DEQ under this Agreement. This Agreement is not and shall not be construed as an admission by the City of any liability under ORS 465.255 or any other law or as a waiver of any defense to such liability. This Agreement is not and shall not be'construed as a waiver,release,or settlement,of claims DEQ may have against the City or any other person or as a waiver of any enforcement authority DEQ may have with respect to the City or the Property. Upon DEQ s request and as necessary to oversight of the City's work under this Agreement, the City shall provide DEQ with data and records related to investigation and cleanup activities at the property,excluding any privileged documents identified as such by the City. DEQ appreciates the City's interest in the Voluntary Cleanup Program and looks forward to working with the City on the Tigard Library project. Sincerely, Keith Johnson Manager Cleanup and Lower Willamette Section { City of Tigard Voluntary Letter Agreement September 3,2004 Page 4 of 4 If the terms of this Agreement are acceptable to the City of Tigard, please sign in the space provided below and return to us. Accepted and agreed to this IQ day of Oc`,6b` , 200 4 . Title: C 'i�'yn q •�+ea�' Attachments: Example Invoice Example Labor Summary Cc: Mr. Dominic Colletta,Ramis Crew Corrigan &Bachrach ECSI File 3892 .ji r State of Oregon Department of Environmental Quality INVOICE Site Name: ABC,Inc Invoice Number: HSRAF01-)D= Project No: 10000000 Invoice Date: 8/30/2001 Authorization: John Q. Public Corporation Payment Due: 9/29/2001 Attn: John 123 S.W. Bedrock Avenue Portland, OR 97200 Billing Period Project Expenditures: 7/01 Personal Services $ 0.00 Attorney General 0.00 Travel. 0.00 Services and.Supplies 0.00 Contract Payments 0.00 Total Current Charges: $ 0.00 Previous Billing Period Total Balance Expenditures Interest Balance Due 0.00 0.00 0.00 0.00 ------------------------------- Cut here and return this portion with payment ------------------------------- Remit ----------------- ------------Remit and make checks payable to: Check box if your address has changed and complete back of invoice: Dept.of Environmental Quality Attn.: Business Office 811 SW Sixth Avenue Portland,OR 97204-1390 Site Name: ABC, Inc Invoice Number: HSRAF01 XXXX Project No: 10000000 Amount Enclosed: Current 31-60 Days 61-90 Days 90+Days Total Due 0.00 0.00 0.00 0.00 0.00 DIRECT LABOR SUNIIdARY BUSINESS#100000 ABC,INC. FOR THE MONTH OF JULY 2001 DATE STAFF NAME ACTIVITY NAME ACTIVITY HOURS 3/7/01 TOBY SCOTT Document Review:rev constr.,remed.eval. 220 DAILY TOTAL 2.0 3/12/01 .. TOBY SCOTT Document Review:review sampling data 1.0 DAILY TOTAL 1.0 3/14/01 TOBY SCOTT Coordination:prep for field sampling 1.0 TOBY SCOTT Site Visit:Sample Idllian well 2_0. DAILY TOTAL 3.0 3/15/01 TOBY SCOTT Document Review:air emission response 1.0 TOBY SCOTT Records Management:sample prep and ship 1.0 DAILY TOTAL 2.0 3/16/01 TOBY SCOTT Meetings:mtg.@ ch2mhill 4.0 TOBY SCOTT Travel:rdm>pdx . 2.0 MIKE POULSON Document'Review:Air Modeling 1.0 DAILY TOTAL : 7.0 3/19/01 TOBY SCOTT Document ievie'vir system startup rpt.,constr.rpt. 2.0 MIKE POULSON Air modeling 4,0 DAILY TOTAL 6.0 3/22/01 TOBY SCOTT Communication:M Germon,M Poulson 1.0 TOBY SCOTT Document Prep.Air Emissions 1.0 TOBY SCOTT Document Review:.well data,pilot testing,air 2_0 emission data. 4.0. DAILY TOTAL 3/26/01 TOBY SCOTT Document Review:rev.remed.pilot study 2.0 workplan DAILY TOTAL 2.0 3/27/01 TOBY SCOTT Document Prep:Killian,data 2.0 TOBY SCOTT Document:.Review:Killian rpt. 2:0 DAILY TOTAL 4.0 LAB DEANNA EVANS DAILY TOTAL .5 PAUL SCHOENLAUB DAILY TOTAL 2.0 TOTAL HOURS 33.5 O Ure Department of Environmental Quality gon Northwest Region Portland Office N; 2020 SW 4`h Avenue,Suite 400 Theodore Kulongoski,Governor Portland,OR 97201-4987 (503)229-5263 FAX(503)229-6945 TTY(503)229-5471 September 3, 2004. Mr. Agustin P. Duenas, City Engineer City of Tigard 13125 S.W. Hall Blvd. . Tigard, OR 97223 Re: Transmittal of Voluntary Letter Agreement Tigard Library Tigard,Oregon ECSI No.40.63 Dear Mr. Duenas: The Department of Environmental Quality (DEQ) received the verbal commitment of the City of Tigard(the City) to participate in the Voluntary Cleanup Program (VCP)for the Tigard Library (the Library)property during a meeting on August 5, 2004. The Tigard Library,construction project involves three tax lots (i.e.,tax lots 100, 200, and 600) located at 1.336.0& 13560 S.W. Hall Blvd. in Tigard, Oregon (the Property). Based on available file information and .our meeting discussions, DEQ understands that construction of the Library building has.been completed. The opening ceremony occurred on August 21". Additional site improvement work is planned for the Property including, a walking path, general landscaping, expanded parking facilities, and access road construction. Prior to initiating Property development, the City completed investigations to assess the status of environmental conditions at the Property. Site investigatory work.identified contamination of soil at the Property by arsenic. Arsenic impacts are thought to be associated with an-orchard that occupied portions of the Property from 1940 to 1953. The potential for arsenic-contamination to be encountered during construction was recognized by the City and incorporated into project planning. According to documents provided by the City, precautions were taken to handle and manage soil excavated during the course of the construction work. During construction, nearly 3,700 tons of potentially impacted soil were removed from the site for off-site disposal. The City has elected to enter the VCP for DEQ's technical and regulatory input-and oversight during the remainder of the Library project. Enclosed are two copies of DEQ's Letter Agreement for Voluntary Cleanup (the Agreement) for the Library property. The Agreement provides for technical and regulatory oversight, review of environmental documents.prepared by or on behalf of the City, and preparation of a No Further Action determination, if appropriate. Mr. Agustin P. Duenas January 28, 2004 Page 2 of 2 Please sign both copies of the enclosed Agreement and return one signed copy to me. As was discussed during the August 5`h meeting, DEQ is willing to waive the $5,000 deposit for public agencies and local governments. If you wish DEQ to waive the $5,000 deposit, then please attach a brief note requesting the waiver and attach it to the executed Agreement. As you may know, DEQ Northwest Region's Cleanup Program currently has limited resources. The Cleanup Program maintains a waiting list of projects waiting to be assigned a DEQ project manager. Typically, new projects are picked-up from the waiting list and initiated as current projects are completed and resources become available. Right now, the Northwest Region Cleanup Program is managing more than 250 projects. Due to our limited staff resources and the popularity of the Voluntary Cleanup Pathway, a project may remain on the waiting list for two to three months until staff resources become available and we are able to assign a project manager to the site. That said, DEQ is supportive of projects undertaken by municipal governments that have community benefits and result in the investigation, cleanup, and re-use of potentially contaminated properties. These types of projects are priorities for us and we do our best to accommodate them within the Cleanup Program. Given the importance of this project to the City, DEQ will assign a project manager to the Library project as expeditiously as workloads allow. I will contact you as soon as a project manager is assigned. DEQ appreciates your time in meeting with us to discuss the Library project, and the efforts made by the City to identify and mitigate potential soil impacts prior to and during construction work. Please feel free to call me at (503) 229-5543 or e-mail me at bayuk.dana@deq.or.state.us if you have any questions regarding the VCP or if I can provide additional information and/or assistance. Sincerely, Mr. Dana Bayuk Cleanup Program Representative Northwest Region Cc: Mr.Dominic Colletta, Ramis Crew Corrigan &Bachrach ECSI File 3892 Encl: Voluntary Letter Agreement r:. October 19, 2004 CITY OF TIGARD OREGON! Mr. Dana Bayuk Cleanup Program Representative Northwest Region Portland Office Department of Environmental Quality 2020 SW 4th Avenue, Suite 400 Portland, OR 97201-4987 Dear Mr. Bayuk: Enclosed is one (1) signed copy of the Letter Agreement for Voluntary Cleanup for the Tigard New Library property. Please waive the $5,000.00 deposit, which we understand DEQ is willing to do for local governments. We look forward to working with a DEQ project manager once the assignment is made for this project. If you should need anything further from us prior to the assignment of a project manager, please call me at 503-718-2470, or send me an email message at gus@ci.tigard.or.us. Sincerely, eEngineer P. DUENAS, P.E. C Enclosure: Signed Letter Agreement for Voluntary Cleanup c: William A. Monahan, City Manager Dominic Colletta, Ramis Crew Corrigan& Bachrach i.terglgusUettemUetter to Cep transmitting voluntary letter agreement.Coc 13125 SW Hall Blvd., Tigard, OR 97223 (503).639-4171 TDD (503) 684-2772