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173 DERBY STREET - BUILDING JACKET F Y 173 Derby Street " y ' s ;I Sfill /M p No. 153L-2 HASTINGS. MN LOS ANGELES-CHICAGO-LOGAN.ON M cGREGOR.TX-LOCUST GROVE.GA U.S.A. �c COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT BOB DURAND Governor Secretary LAUREN A.LISS 'DEC 112001 Commissioner Salem Maritime NHS Re: Salem— 173 Derby St. National Park Service TN 3-12889 174 Derby St. Response Action Outcome Salem,MA 01970 Activity and Use Limitation Interim Deadline Attn: Steven Kesselman, Superintendant RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW Dear Mr. Kesselman: On September 12, 1997, the Department of Environmental Protection (the Department) received a Class B-2 Response Action Outcome(RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the"Brownfields Act'which called on the Department to conduct a targeted audit of all sites at which AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 2 1 E and the Massachusetts Contingency Plan(MCP). The Department's audit of this site consisted of an RAO Screening Review and an AUL Summary Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at htto://www.state.ma.us/den/bwse/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. This information is available to alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 a TTD#(978)661-7679 Printed on Recycled Paper Salem,RTN 3-12889 2 AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act)requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate, the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors in the AUL that require correction. Specifically: 1. The AUL does not include the AUL Opinion prepared by an LSP, or completed Form BWSC-114,both of which are required by the MCP. 2. The AUL does not adequately define the boundaries of the restricted area. While Form 1075 indicates that the AUL restricted area comprises all of a disposal site, the sketch plan does not adequately delineate the boundaries of the disposal site. The southwestern corner of the disposal site area is not delineated or measured in any way. The metes and bounds description does not assist with delineation of this comer of the disposal site; in fact, the metes and bounds description cannot be reconciled with the sketch plan. The metes and bounds description indicates that the southern boundary of the AUL area is an "imaginary line" extending from the southern boundary of property owned by Kulik. This inconsistency casts doubt upon whether the AUL area actually comprises all of a disposal site, and creates further ambiguities as to the boundaries of the AUL area. To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation must be implemented within 180 days of the date of this Notice, using the enclosed form and instructions. In addition, a legal notice regarding the original AUL and the AUL Amendment must be published in the local newspaper and a copy of the notice must be submitted to the Department. Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department.. The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached, and are available on the Department's AUL Audit Project web page, htto://www.state.ma.us./den/bwsc/files/audits/ aulfix.htm. This web page will be updated periodically to address any commonly asked questions that arise as a result of AUL audits. The Department is also offering several training workshops in the next few months. The a Department recommends that you(and/or the Licensed Site Professional (LSP)/attomey preparing your AUL corrections) attend one of these workshops if you have questions on how to Salem,RTN 3-12889 3 Z proceed. The training schedule is also available on the Department's AUL Audit Project web page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's Statewide Audit Coordinator.at (617) 292-5628. POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are corrected, you should submit to the Department (attention: BWSC Audit Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a copy of which is attached. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Craig Saunders, LSP #4414, the LSP-of-Record for the Disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening eview conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations,may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1)preclude future audits of past,current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department retains authority to take or arrange,or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21E,which the Department deems necessary to protect health, safety,public welfare, or the environment. Sincerely, i Patricia M. Donahue Chief, Audit Section . Bureau of Waste Site Cleanup Filename: Nlhowes/P:/Letters/scnnof3-12889 Scnoafv6_[O5_3l_O1] Salem,RTN 3-12889 4 1 Attachments: Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111) AUL Amendment and Ratification Form and Instructions cc: Salem Chief Municipal Officer Salem Health Department Salem Zoning Code Enforcement Official Salem Building Inspector. Craig Saunders, LSP-of-Record(LSP #4414) Saunders Associates,P.O. Box 959, West Tisbury, MA 02575 Thomas M.Potter,Audit Coordinator,DEP-Boston NERO/Data Entry/RAO/TSAUD t J COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT BOB DURAND Governor Secretary LAUREN A.LISS DEC 11200' Commissioner Salem Maritime NHS e: Salem— 173 Derby St. National Park Service 174 Derby St. Response Action Outcome Salem, MA 01970 Activity and Use Limitation Interim Deadline Attn: Steven Kesselman, SupeYintendant RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW Dear Mr. Kesselman: On September 12, 1997, the Department of Environmental Protection(the Department)received a Class B-2 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act"which called on the Department to conduct a targeted audit of all sites at which AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21 E and the Massachusetts Contingency Plan(MCP). The Department's audit of this site consisted of an RAO Screening Review and an AUL Summary Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at ' http://www.state.ma.us/dgp/bwse/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was nota comprehensive audit, and the Department reserves the righ4.to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one occurs,may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. This information V available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 - Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 "j Primed on Recycled Paper Salem,RTN 3-12889 2 AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act)requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate, the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors in the AUL that require correction. Specifically: 1. The AUL does not include the AUL Opinion prepared by an LSP, or completed Form BWSC-114, both of which are required by the MCP. 2. The AUL does not adequately define the boundaries of the restricted area. While Form 1075 indicates that the AUL restricted area comprises all of a disposal site, the sketch plan does not adequately delineate the boundaries of the disposal site. The southwestern corner of the disposal site area is not delineated or measured in any way. The metes and bounds description does not assist with delineation of this comer of the disposal site; in fact, the metes and bounds description cannot be reconciled with the sketch plan. The metes and bounds description indicates that the southern boundary of the AUL area is an "imaginary line" extending from the southern boundary of property owned by Kulik. This inconsistency casts doubt upon whether the AUL area actually comprises all of a disposal site, and creates further ambiguities as to the boundaries of the AUL area. To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation must be implemented within 180 days of the date of this Notice, using the enclosed form and instructions. In addition, a legal notice regarding the original AUL and the AUL Amendment must be published in the local newspaper and a copy of the notice must be submitted to the Department. Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-1, A-2, or B-I RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached, and are available on the Department's AUL Audit Project web page, httn://www.state.ma.us./den/bwsc/files/audits/ aulfix.htm. This web page will be updated periodically to address any commonly asked questions that arise as a result of AUL audits. The Department is also offering several training workshops in the next few months. The. Department recommends that you(and/or the Licensed Site Professional (LSP)/attorney preparing your AUL corrections) attend one of these workshops if you have questions on how to Salem,RTN 3-12889 3 proceed. The training schedule is also available on the Department's AUL Audit Project web page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's Statewide Audit Coordinator at(617) 292-5628. POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are corrected, you should submit to the Department (attention: BWSC Audit Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a copy of which is attached. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Craig Saunders, LSP#4414, the LSP-of-Record for the Disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening"review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c. 21 E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1)preclude future audits of past,current, or future actions at the site; (2)apply to actions or other aspects of the site that were not reviewed in the audit; (3)in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000,or any other laws,regulations, or requirements. The Department retains authority to take or arrange,or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21E,which the Department deems necessary to protect health, safety,public welfare,or the environment. Sincerely, G Patricia M. Donahue Chief, Audit Section Bureau of Waste Site Cleanup Filename: Nlhowes/P:/Letters/scnnof3-12889 Scnoafv6_[05_31_01] Salem,RTN 3-12889 4 Attachments: Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111) AUL Amendment and Ratification Form and Instructions cc: Salem Chief Municipal Officer Salem Health Department Salem Zoning Code Enforcement Official Salem Building Inspector Craig Saunders, LSP-of-Record(LSP#4414) Saunders Associates, P.O. Box 959, West Tisbury,MA 02575 Thomas M. Potter,Audit Coordinator,DEP-Boston NERO/Data Entry/RAO/TSAUD P4�EW OF rye o P tim A United States Department of the Interior 7 A NATIONAL PARK SERVICE M4RCH 's�9 Salem Maritime National Historic Site 174 Derby Street TN REPLY aEren TO: Salem,Massachusetts 01970 March 8, 1994 To: Our Neighbors and Friends From: Superintendent, Salem Maritime National Historic Site; Project Supervisor, National Park Service r Subject:' Construction Schedule On Wharves Attached is a construction schedule for the remainder of the month of March. With a few exceptions--for testing and lock-off of the tiebacks on March 10-11 and 13-16--regular construction activity on the wharves will be from 7 :30 am to 5:30 pm, Monday through Friday. We will notify you if significant exceptions are needed. During the week of March 14, dredging will begin in the area between Derby and Central wharves. This operation will be undertaken with a much expanded schedule in order to get this segment of the project completed as quickly as possible during the cooler spring months. There are two phases to the dredging project. The first involves the top three feet of dredge spoils, which must be dewatered at the site before they can be taken by truck to an approved landfill. The second phase involves the remaining ten feet, which will be barged out to sea. PHASE I (Top 3 feet) In the interests of getting the first phase over with as quickly as possible, the dredging contractors will perform their various tasks within a 7:00 am - 9:00 pm timeframe from Monday through Saturday, beginning during the week of March 14. The earliest estimated date at which this work may be finished would be April 4. It is very difficult to predict how long it will take for the spoils to dewater because of the different soil properties within this material, the requirements of water quality monitoring, and the uncertainty of the weather during the dewatering period. The dredging operation will require barges for removal and dewatering, along with trucks for hauling the material to an approved landfill. i . 2 PHASE II (Bottom 10 feet) The anticipated schedule for this phase of dredging is 7:00 am to 9:00 pm, Monday through Friday, and will start after completing the dredging of the top 3 feet of material. The earliest estimated completion date for this final phase of dredging is about May 1, 1994. This Phase II operation will require a barge for removal and a dump scow for transporting the material to an offshore disposal site. We have been told that we can expect the spoils to smell like the mudflats at low tide. The contractors will be doing everything they can to complete the dredging operation as soon as possible. We appreciate your continued patience and support of this major operation, and if you have any questions please feel free to contact us at 744-4323 (site office) or 744-1886 (project office) . Steven Resselman John Rarus Superintendent Project Supervisor II T + SALEM MARITIME NATIONAL HISTORIC SITE March 8, 1994 REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR DREDGING-RELATED TASKS AND PROJECT WORK HOURS Mar. 8, 1994 . Mar. 31, 1994 DATE LOW TIDE DREDGING HOURS OTHER WORK HOURS .............. ........ ..................... ................... TUE., 3-08-94 2:30 PM 7:30 AM - 5:30 PM WED., 3.09-94 3:22 PM 7:30 AM - 5:30 PM THU., 3-10-94 4:06 PM 7:30 AM - 6:00 PM } Extra time for testing FRI., 3.11.94 4:46 PM 7:30 AM 6:00 PM } 8 lockoff only SAT., 3-12-94 5:24 PM NO WORK NO WORK SUN.• 3-13-94 6:00 PM NO WORK NO WORK MON.• 3-14-94 6:21 AM 7:00 AM - 9:00 PM 6:00 AM - 5:30 PM } Potential early starts for TUE., 3-15-94 7:00 AM 7:00 AM - 9:00 PM 6:00 AM - 5:30 PM } testing 8 lockoff only WED., 3-16-94 7:41 AM 7:00 AM - 9:00 PM 6:00 AM - 5:30 PM } THU., 3-17.94 8:23 AM 7:00 AM - 9:00 PM 6:00 AM - 5:30 PM } FRI., 3-18.94 9:08 AM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM SAT., 3-19-94 9:57 AM 7:00 AM 9:00 PM SUN.• 2.20.94 10:50 AM NO WORK NO WORK MON., 3.21-94 11:46 AM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM TUE., 3.22.94 12:43 PM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM WED. , 3.23.94 1:38 PM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM THU., 3.24-94 2:30 PM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM FRI. , 3-25-94 3:20 PM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM SAT., 3-26-94 4:08 PM 7:00 AM - 9:00 PM SUN., 3.27.94 4:56 PM NO WORK NO WORK MON., 3.28-94 5:44 PM 7:00 AM - 9:00 PM 7:30 AM - 5:30 PM } If adjustments for testing are TUE., 3-29-94 6:33 PM 7:00 AM . 9:00 PM 7:30 AM - 5:30 PM ) still needed, notification will WED.• 3.30-94 7:06 AM 7:00 AM - 9:00 PM 7:30 AM • 5:30 PM } be provided. THU., 3-31.94 7:59 AM 7:00 AM - 9:00 PH 7:30 AM - 5:30 PM } NOTE: EMERGENCIES MAY REQUIRE TEMPORARY ADJUSTMENTS IN WORK SCHEDULES. i 0 SALEM MARITIME NATIONAL HISTORIC SITE NATIONAL PARK SERVICES REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS FEBRUARY 1 , 1994 - FEBRUARY 28, 1994 DATE LOW TIDE TIEBACK INSTALLATION WORK HOURS TUES. 2-1-94 8:35AM 6:OOAM - 12:30 PM 6:OOAM - 6:00 PM WED. 2-2-94 9:31AM 6:OOAM - 1 : 30 PM 6:OOAM - 6:00 PM THUR. 2-3-94 10: 31AM 6:OOAM - 2: 30 PM 6:OOAM - 6:00 PM FRI. 2-4-94 11 : 34AM 7: 30AM - 3:30 PM 6:OOAM 6:00 PM SAT. 2-5-94 12:40PM 8: 30AM - 6:00 PM 8:OOAM - 5:00 PM MON. 2-7-94 2:45PM 10: 30AM - 7:00 PM 7: 30AM - 6:00 PM TUE. 2-8-94 3: 39 P M 11 :30AM - 7: 30 PM 7: 30AM - 6:00 PM WED. 2-9-94 4:27PM 12:30PM - 7: 30 PM 7: 30AM - 6:00 PM THU. 2- 10-94 5: I0PM I :OOPM - 7:30 PM 7:30AM 6:00 PM FRI. 2-11-94 5:50PM 2:OOPM - 7: 30 PM 7: 30AM - 6:00 PM SAT. 2-12-94 6:04AM 8:OOAM - 10:00 AM 8:00AM - 5:00 PM 6:29PM 2: 30PM - 6:00 PM 8:OOAM - 5:00 PM SUN. 2- 13-94 7:08PM (POSSIBLE TESTING ONLY) 2:OOPM - 6:00 PM MON. 2-14-94 7:28AM 6:OOAM - 11 : 30 AM 7:OOAM - 6:00 PM TUE. 2- 15-94 8: 11AM 6:OOAM - 12: 30 PM 7:OOAM - 6:00 PM WED. 2-16-94 8:55AM 6:OOAM - 1 :00 PM 7:OOAM - 6:00 PM THU. 2- 17-94 9:43AM 6:OOAM - 2:00 PM 7:OOAM - 6:00 PM FRI. 2-I8-94 10: 35AM 6:30AM - 2:30PM 7:OOAM - 6:00 PM SAT. 2- 19-94 11 :30AM 8:OOAM - 4:00 PM 8:OOAM - 5:00 PM MON. 2-21-94 1 :23PM 9:30AM - 5: 30 PM 7: 30AM - 6:00 PM TUE. 2-22-94 2: 16PM 10:00AM - 6: 30 PM 7:30AM - 6:00 PM WED. 2-23-94 3:05PM II :OOAM - 7:00 PM 7: 30AM - 6:00 PM PROJECTED SCHEDULED COMPLETION OF TIEBACK INSTALLATION IF AND AS NECESSARY, THE WORK SCHEDULE WOULD CONTINUE AS FOLLOWS: THU. 2-24-94 3: 52PM 12:OOPM - 7: 30 PM 7: 30AM - 6:00 PM FRI. 2-25-94 4: 38PM 12: 30PM - 7:30 PM 7: 30AM - 6:00 PM SAT. 2-26-94 5:23PM I :OOPM - 6:00 PM 8:OOAM - 5:00 PM MON. 2-28-94 6:56PM 3:OOPM - 7: 30 PM 7: 30AM - 6:00 PM [ w Titu of tmiEm, massar4usetto n Public Prnpertg i9epnrtment Nuffbing i3epnrtment One Belem preen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 3, 1994 Triton Marine Construction Corporation Derby Street Salem, Mass. 01970 Dear Mr. Byerly: Enclosed please find an updated time scheldule that the City of Salem Building Department feels is more in line than your original request. We do not want to slow down any of the ongoing work, but feel the surounding residential property owners also have a right to some relief of construction noise. These new hours will be strickly enforced. Thank you in advance for your understanding in this matter, and please submit a time table for the month of March for our review. Sincerely, Leo E. Tremblay Inspector of Buildings-. LET: scm TRITON FEBRUARY 22 ,1994 City of Salem Building Department One Salem Green Salem Ma. Attn: Mr. Leo Trembly Director Of Public Property Inspector of Public Buildings Gentlemen: Triton_ Marine Construction is involved in the reconstruction of Derby Wharf for the National „Park Service. Presently we are installing Tie Rods that can only be installed during low tide hours due to their location below the base of the seawall . is el Triton Marine anticipates completion of Tie Rod installation prior the end of February . Due to the need to work during low tides Triton Marine requests approval of the attached work hours schedule. If you have any questions or comments , please call me at 744-0088 . Sincerely, Triton Marine Construction Corporation 4/d.WPS Richard H . yer y Project Superintendent Triton Marine Construction Corporation • 4510 Brittmoore • Houston, Texas 77041 • (713) 937-8181 r. ■ a SALEM MARITIME NATIONAL HISTORIC SITE January 28, 1994 NATIONAL PARK SERVICE REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS Feb. 19 1994 - Feb. 28, 1994 DATE LOW TIDE TIEBACK, INSTALLATION WORK HOURS -------------- -------- - --------------------- ------------------- TUE. , 2-01-94 8:35 AM 6:00 AM - 12:30 PM 6:00 AM - 6:00 PM WED. , 2-02-94 9:31 AM 6:00 AM - 1:30 PM 6:00 AM 6:00 PM THU. , 2-03-94 10:31 AM 6:00 AM - 2:36 PM 6:00 AM - 6:00 PM FRI . , 2-04-94 11:34 AM 7:30 AM - 3:30 PM 7:30 AM - 6:00 PM SAT. , 2-05-94 12:40 PM 8:30 AM - 6:00 PM 8:00 AM - 6:00 PM SUN. , 2-06-94 1:45 PM (POSSIBLE TESTING ONLY) 12:00 PM - 4:00 PM MON. , 2-07-94 2:45 PM 10:30 AM - 7:00 PM 7:30 AM - 7:00 PM TUE. , 2-08-94 3:39 PM 11:30 AM - 7:30 PM 7:30 AM - 7:30 PM WED. , 2-09-94. 4:27 PM 12:30 PM - 7:30 PM 7:30 AM - 7:30 PM THU. , 2-10-94 5:10 PM 1:00 PM - 7:30 PM 7:30 AM - 7:30 PM FRI. , 2-11-94 5:50 PM 2:00'PM - 7:30 PM 7:30 AM - 7:30 PM SAT. , 2-12-94 6:04 AM 8:00 AM - 10:00 AM 6:29 PM 2:30 PM 6:00 PM 8:00 AM - 6:00 PM SUN. , 2-13-94 7:08 PM (POSSIBLE TESTING ONLY) 2:00 PM - 6:00 PM MON. , 2-14-94 7:28 AM 6:00 AM - 11:30 AM 6:00 AM - 6:00 PM TUE. , 2-15-94 8:11 AM 6:00 AM - 12:30 PM 6:00 AM - 6:00 PM WED. , 2-16-94 8:55 AM 6:00, AM - 1:00 PM 6:00 AM - 6:00 PM THU. , 2-17-94 9:43 AM 6:00 AM - 2:00 .PM 6:00 AM - 6:00 PM FRI . , 2-18-94 10:35 AM 6:30 AM - 2:30 PM 7:30 AM - 6:00 PM SAT. , 2-19-94 11:30 AM 8:00 AM= - 4:00 PM 8:00 AM - 6:00 PM SUN., 2-20-94 12,27 PM (POSSIBLE TESTING ONLY) 10:30 AM - 2:30 PM MON. , 2-21-94 1:23 PM 9 30' AM- - 5 30'4PM 7:30 AM - 7:30 PM TUE. , 2-22-94 2:16 PM 10:00 AM - 6:30 PM 7:30 AM - 7:30 PM WED. , 2-23-94 3:05 PM 11:00 AM - 7:00 PM 7:30 AM - 7:30 PM PROJECTED SCHEDULED COMPLETION OF TIEBACK INSTALLATION IF AND AS NECESSARY, THE WORK SCHEDULE WOULD CONTINUE AS FOLLOWS THU. , 2-24-94 3:52 PM 12:00 PM _ - 7:30 PM 7:30 AM - 7:30 PM FRI. , 2-25-94 4:38 PM 12:30 PM 7:30 PM 7:30 AM - 7:30 PM SAT., 2-26-94 5:23 PM 1:00 PM 6:00 PM 8:.00 AM - 6:00 PM SIM. , 2-27-94 6:09 PM (POSSIBLE TESTING ONLY) 4:00 PM 7:00 PM MON , .2-28 94'`. 6:56 PM 3.00 PM 7:30 PM Z•30`AM 7:30 PM SALEM MARITIME NATIONAL HISTORIC SITE NATIONAL PARK SERVICES REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS FEBRUARY I , 1994 - FEBRUARY 28, 1994 DATE LOW TIDE TIEBACK INSTALLATION WORK HOURS TUES. 2- 1-94 8:35AM 6:OOAM - 12: 30 PM 6:OOAM - 6:00 PM WED. 2-2-94 9: 31AM 6:OOAM - 1 : 30 PM 6:OOAM - 6:00 PM THUR. 2-3-94 10: 31AM 6:OOAM - 2:30 PM 6:OOAM - 6:00 PM FRI. 2-4-94 11 : 34AM 7: 30A:4 - 3: 30 PM 6:OOAM 6:00 PM SAT. 2-5-94 12:40PM 8:30AM - 6:00 PM 8:OOAM - 5:00 PM MON. 2-7-94 2:45PM 10:30AM - 7:00 PM 7: 30AM - 6:00 PM TUE. 2-8-94 3: 39 P M 11 :30AM - 7: 30 PM 7: 30AM - 6:00 PM WED. 2-9-94 4:27PM 12: 30PM - 7: 30 PM 7: 30AM - 6:00 PM THU. 2- 10-94 5: I0PM I :OOPM - 7: 30 PM 7: 30AM 6:00 PM FRI. 2- 11-94 5:50PM 2:OOPM - 7: 30 PM 7: 30AM - 6:00 PM SAT. 2- 12-94 6:04AM 8:OOAM - 10:00 AM 8:OOAM - 5:00 PM 6:29PM 2: 30PM - 6:00 PM 8:00AM - 5:00 PM SUN. 2- 13-94 7:08PM (POSSIBLE TESTING ONLY) 2:OOPM - 6:00 PM MON. 2- 14-94 7:28AM 6:OOAM - 11 : 30 AM 7:OOAM - 6:00 PM TUE. 2-15-94 8: IIAM 6:OOAM - 12: 30 PM 7:OOAM - 6:00 PM WED. 2- 16-94 8: 55AM 6:OOAM - 1 :00 PM 7:OOAM - 6:00 PM THU. 2-17-94 9:43AM 6:OOAM - 2:00 PM 7:OOAM - 6:00 PM FRI. 2- 18-94 10: 35AM 6:30AM - 2: 30PM 7:OOAM - 6:00 PM SAT. 2- 19-94 11 : 30AM 8:OOAM 4 :00 PM 8:OOAM - 5:00 PM MON. 2-21-94 1 :23PM 9: 30AM - 5: 30 PM 7: 30AM - 6:00 PM TUE. 2-22-94 2: 16PM IO:OOAM - 6: 30 PM 7: 30AM - 6:00 PM WED. 2-23-94 3:05PM II :OOAM - 7:00 PM 7:30AM - 6:00 PM PROJECTED SCHEDULED COMPLETION OF TIEBACK INSTALLATION IF AND AS NECESSARY, THE WORK SCHEDULE WOULD CONTINUE AS FOLLOWS: THU. 2-24-94 3: 52PM 12:OOPM - 7: 30 PM 7: 30AM - 6:00 PM FRI. 2-25-94 4: 38PM 12: 30PM - 7: 30 PM 7: 30AM - 6:00 PM SAT. 2-26-94 5:23PM I :OOPM - 6:00 PM 8:OOAM - 5:00 PM MON. 2-28-94 6:56PM 3:OOPM - 7: 30 PM 7: 30AM - 6:00 PM i,A 3i SALEM MARITIME NATIONAL HISTORIC SITE January 28; 1994 NATIONAL PARK SERVICE REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHED LE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS Feb. 1 , 1994 - Feb.' 28, 1994 DATE LOW TIDE TIEBACK INSTALLATION WORK HOURS -------------- -------- --------------------- ------------- TUE. , 2-01-94 2-01-94 8:35 AM 6:00 AM - 12:30 PM 6:00 AM - 6:00 PM WED. , 2-02-94 9:31 AM 6:00 AM - 1 :30 PM 6:00 AM - 6:00 PM THU. , 2-03-94 10:31 AM 6:00 AM - 2:30 PM - -toS:00 AM - 6:00 PM FRI . , 2-04-94 11:34 AM 7 :30 AM - 3:30 PM 7:30 AM - 6:00 PM <--SAT. , 2-05-94 12:40 PM 8,:30 AM - 6:00 PM 8:00 AM 6100 PM 5094 , -06 5 PM P 4:00 PM MON. , 2-07-94 2:45 PM 10:30 AM - 7:00 PM 7:30 AM - 7:00 PM--6 P'M TUE. , 2-08-94 3:39 PM 11:30 AM - 7:30 PM 7:30 AM - 7:30 PM I WED. , 2-09-94 4:27 PM 12:30 PM - 7:30 PM 7:30 AM - 7:30 PM THU. , 2-10-94 5:10 PM 1:00 PM - 7 :30 PM 7 :30 AM - 7:30 PM FRI . , 2-11-94 5:50 PM 2:00 PM - 7:30 PM 7:30 AM - 7:30 PM -SAT. , 2-12-94 6:04 AM 8:00 AM - 10:09 AM 6:29 PM 2:30 PM - 6:00 PM 8:00 AM - .__6..ft - P. SUN. , 2-13-94 7:08 PM (POSSIBLE TESTING. ONLY) 2:00 gPnH� - 6:00 PM MON. , 2-14-94 7:28 AM 6:00 AM 11 :30 AM /X11 - 6:00 PM TUE. , 2-15-94 8: 11 AM 6:00 AM - 12:30 PM 0 AM - 6:00 PM WED. , 2-16-94 8:55 AM 6:00 AM - 1 :00 PM 6 0 AM - 6:00 PM THU. , 2-17-94 9:43 AM 6:00 AM - 2:00 PM AM - 6:00 PM FRI . , 2-18-94 10:35 AM 6:30 AM - 2:30 PM AM - 6:00 PM _ SAT. , 2-19-94 11:30 AM 8:00 AM - 4:00 PM :00 AM - &:A�.PN ,� 1?0 S - 2:30 PM MON. , 2-21-94 1:23 PM 9:30 AM - 5:30 PM 7:30 AM 7:30 PM TUE. , 2-22-94 2:16 PM 10:00 AM - 6:30 PM 7:30 AM - 7:30 PM WED. , 2-23-94 3:05 PM 11:00 AM - 7:00 PM 7 :30 AM - 7:30 PM PROJECTED SCHEDULED COMPLETION OF TIEBACK INSTALLATION IF AND AS NECESSARY, THE WORK SCHEDULE WOULD CONTINUE AS FOLLOWS THU. , 2-24-94 3:52 PM 12:00 PM 7:30 PM 7:30 Ail - 7:30 FRI . , 2-25-94 4:38 PM 12:30 PM - 7 :30 PM 7:30 AM - 7:30 P --SAT. , 2-26-94 5:23 PM 1:00 PM - 6:00 PM 8:00 AM - 6:00 SUN 7-94 NLY) 4:00 PM- MON. , 2-28-94 6:56 PM 3:00 PM - 7:30 PM 7:30 AM - +9 B"M va1�C ic ; L CSR-EONL6D H'ols�S ON MAPX.F,D DrkyS� SALEM MARITIME NATIONAL HISTORIC SITE NATIONAL PARK SERVICE REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS Dec . 9 , 1993 - Jan . 02 , 1994 DATE LOW TIDE TIEBACK INSTALLATION WORK HOURS -------------- -------- ---------------------- ------------------- THU . , 12-09-93 1 : 15 PM 9: 00 AM - 5: 30 PM 7 :30 AM - 6: 00 -PM FRI . , 12-10-93 2 : 14 PM 10 : 00 AM — 6 : 30 PM 7 : 30 AM — 6 : 3-0 PM SAT . , 12-11-93 3: 11 PM 11 : 00 AM — 7 : 00 PM 8 :00 AM — 7 : 00 PM v y� SUN . , 12-12-93 4 :04 PM ( NO WORK ) ( NO WORK ) MON . , 12-13-93 4 : 56 PM 1 : 00 PM 7 : 30 PM 7 : 30 AM — 7 : 30 PM . � TUE . , 12-14-93 S : 46 PM 2 : 00 PM — 7 : 30 PM 7 : : 0 AM — 7 : 30 PM i WED . , 12-15-93 5 : 55 AM 7 : 30 AM 10: 00 AM ! C 6:34 PM 2 : 30 PM — 7 : 30 PM 7 : 30 AM — 7 :30 PM THU . , 12-16-93 6:45 AM 6 : 00 AM — 11 : 00 AM 7 :21 PM 3 : 30 PM — 6: 00 PM 6 :00 AM — 6 :00 PM i FRI . , 12-17-93 7: 35 AM 6: 00 AM — 11 : 30 AM 6: 00 AM — 6 :00 PM j LSAT . ,_12-18-93 8:25 AM 6 :00 AM - 12 : 30 PM 6 :00 AM - S :00 PM-e SUN . , 12-19-93 9: 17 AM ( TESTING ONLY )`}n�c�r9� AM - 1-'OG M *MON . , 12-20-93 10: 11 AM 6 :00 AM - 2 : 00 PM 6 :00 AM - 6 : 00 PM TUE . , 12-21-93 11 :07 AM 7 : 00 AM - 3 : 00 PM 7: 00 AM - 6: 00 f'M WED . , 12-22-93 12:03 PM 8 :00 AM - 4 :00 PM 7 : 30 AM - 6 :00 PM THU . , 12-23-93 12: 59 PM 9: 00 AM - 5: 00 PM 7 : 30 AM - 6:00 PM FRI . , 12-24-93 1 :52 PM 10 : 00 AM - 1 :00 PM 7 : 30 AM - 1 : 00 PM �. SAT . , 12-25-93 2:41 PM ( NO WORK ) ( NO WORK ) SUN . , 12-26-93 3:27 PM ( NO WORK ) ( NO WORK ) MON . , 12-27-93 4: 10 PM 12 :00 PM - 7 : 30 PM 7 : 30 AM - 7 : 30 PM TUE . , 12-28-93 4 :52 PM 1 : 00 PM - 7 :30 PM 7 : 30 AM - 7 :30 PM WED . , 12-29-93 5: 33 PM 1 : 30 PM - 7 : 30 PM 7 : 30 AM - 7 : 30 PM THU . , 12-30-93 6: 15 PM 2 : 00 PM - 7 : 30 PM 7 : 30 AM - 7 :30 PM FRI . , 12-31-93 6: 26 AM 6 : 00 AM - 11 : 00 AM 6 :00 AM - 12 : 00 PM SAT . , 1-01-94 ----- ( NO WORK ) ( NO WORK ) (ueow) SUN . , 1-02-94 ----- ( NO WORK ) ( NO WORK ) SALEM MARITIME NATIONAL HISTORIC SITE NATIONAL PARK SERVICES REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS FEBRUARY 1 , 1994 — FEBRUARY 28, 1994 DATE LOW TIDE TIEBACK INSTALLATION WORK HOURS TUES. 2- 1-94 8: 35AM 6:OOAM — 12: 30 PM 6:OOAM — 6:00 PM WED. 2-2-94 9: 31AM 6:OOAM — 1 :30 PM 6:OOAM — 6:00 PM THUR. 2-3-94 10: 31AM 6:OOAM — 2:30 PM 6:OOAM — 6:00 PM FRI. 2=4-94 11 : 34AM 7c_30A:T— 3:30 PM 6:OOAM 6:00 PM SAT. 2-5-94 12:40PM 8:30AM — 6:00 PM 8:OOAM — 5:00 PM MON. 2-7-94 2:45PM 10: 30AM — 7:00 PM 7: 30AM — 6:00 PM TUE. 2-8-94 3: 39 PCM 11 :30AM — 7: 30 PM 7: 30AM — 6:00 PM WED. 2-9-94 4:27PM 12:30PM — 7: 30 PM R7:_?OAM — 6:00 PM THU. 2-10-94 5: 10PM 1 :OOPM — 7: 30 PM 7:30AM 6:00 PM FRI. 2—I1-94 5:50PM 2:OOPM — 7: 30 PM 7:30AM — 6:00 PM SAT. 2- 12-94 6:04AM 8:OOAM — 10:00 AM 8:OOAM — 5:00 PM 6:29PM 2:30PM — 6:00 PM 8:OOAM — 5:00 PM SUN. 2- 13-94 7:08PM (POSSIBLE TESTING ONLY) 2:OOPM — 6:00 PM MON. 2-14-94 7:28AM 6:OOAM — 11 : 30 AM 7:OOAM — 6:00 PM TUE. 2-15-94 8: 11AM 6:OOAM — 12: 30 PM 7:OOAM — 6:00 PM WED. 2- 16-94 8: 55AM 6:OOAM — 1 :00 PM 7:OOAM — 6:00 PM THU. 2- 17-94 9:43AM 6:OOAM — 2:00 PM 7:OOAM — 6:00 PM FRI. 2-18-94 10: 35AM 6:30AM — 2:30PM 7:OOAM — 6:00 PM SAT. 2-19-94 11 : 30AM 8:OOAM — 4:00 PM 8:OOAM — 5:00 PM MON. 2-21-94 1 :23PM 9: 30AM — 5:30 PM 7: 30AM — 6:00 PM TUE. 2-22-94 2: 16PM IO:OOAM — 6: 30 PM 7: 30AM — 6:00 PM WED. 2-23-94 3:05PM I1 :OOAM — 7:00 PM 7: 30AM — 6:00 PM PROJECTED SCHEDULED COMPLETION OF TIEBACK INSTALLATION IF AND AS NECESSARY, THE WORK SCHEDULE WOULD CONTINUE AS FOLLOWS: THU. 2-24-94 3:52PM 12:OOPM — 7: 30 PM 7: 30AM — 6:00 PM FRI. 2-25-94 4: 38PM 12: 30PM — 7: 30 PM 7: 30AM — 6:00 PM SAT. 2-26-94 5:23PM 1 :00PM — 6:00 PM 8:OOAM — 5:00 PM MON. 2-28-94 6:56PM 3:OOPM — 7: 30 PM 7: 30AM — 6:00 PM of @Mtm, Mttssar4usttts "• '`a Public Propertp i9epnrtment iguilbing Department (One #alem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 3, 1994 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, Mass. 01970 RE: Special Work Permits Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on the following Saturdays: February 5, 12, 19,and 26, 1994 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2 Artical 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation work to be done at Derby Wharf, Salem. All work must be performed within the aforementioned hours. The Salem Police Department will be notified of this permit. Sincerely, Leo Leo E. Tremblay Inspector of Buildings LET: scm cc: Mayor Harrington Chief of Police r the drawings and SPecfflcallmll made a part of this contract. Any failure 43. 52236-7-PERMITS AND RESPONSIBILRIES(APR 1981): N Of the Contractor to take Ins actions described and acknowledged In this paragraph will not renew the Coniredwhom responsldllly lorntlmeting The Contract-anail,wtthoul addttbnel expense to the Golromrrnena °*�• properly the tllffkuity and coat a successfully performing the v+bnk or for resPOnlble f"OtXNnlrng snY necessary license end a "a+`:'s Proceeding to successfully Porto"the work whhoul atltlnknal expense cont permlls,and and plying WttIf any Federal. Slate. BnnO municipal laws, codes. No to the GOvemmem. regulations appllcabN Io the performance of the work The Contract, (a) shall also be responsole f"all damages to persons w properly that em (b) The COvern m,nt mums no responsibility for any conclusions w occur as a result d the Contractors faun or negillganbe,and Shall fake � PM .!.� Interpretations made by the Contractor based on the Information made proper selety and hearth precaWons to protect Ile Work the workers, "� I ! available by the Govemment. Nor does the Government assume the pudic, and the property,of others. The ContnuYw awl also be <--Cox responsibility for any understanding reached or representation made responsible Iw all malmile.deliveretl and work-perbnned unO concerning conditions which can affect the work by any of its officers completion and accegence d Ina entire Work,except for any completes v.Mt i' w agents before tha execullon of this contract,unless that understanding unit of work which may home..been accepted under ins contram--o' 'j Of representation Is expressly slated In this contract. _ wia .;l 41. 52.2365 MATERIAL AND WORKMANSHIP (APR 1984) W. 522368 OTHER CONTRACTS(APR 1984): ; j' (DEVIATION): The Gov"nrnent may undertake or award Other contracts I"ardttorw z (a) NI equipment, Material. end ankles m ` at neer the site d the work under this contract. The Contrapw Incorporated Into the work shall lolly cooperate with the bihorcontractors and with Goyammenl "WC covered OV this contract shall be new and of the most tunable grade for employees and shell carefully adapt scheduling and performing the work ' the purpose Intended, unless otherwise sPecelcally provided In this under this contract to accommodate the additional work headingarty "� Ine contract. References In the spedflcetrons to equipment, material, direction that may be provided by the Contracting fxllcer. The ankles,or patented processes by trade name,make,or catalog number, Contract,shall not commit Or permit any act that will Intertera with thean shall be regarded as d nd establishing a standard quality ashall not be Pedorned an rke work by y other contractor or by Govrn ement ",d. cons wed as limning competition. The Contractor may,a1 as option,use employees. any equipment,material,ankle,or process that,In the judgment of the Contracting Officer,ts pec I' 9 equal to that nerved In the specifications.unless 45. 52.236.9 PROTECTION OF EXISTING VEGETATION, ,I Othalwise Specifically provided In this contract. STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS(APR 1994): [th` (b) The Contract"shall obtain the Contracting Officers approval of the _ machinery and mechanical and other equipment to be Incorporated Into (a) The Contractor shall preserveth and protect all stnktures,equipment, j the work When requesting approval,the Contractor shall fumish to the and vegetation(Such M trees,shrubs,and grass)on w"paced to Ina W Contracting Officer the name of the manufacturer, the model number, wont 511e,Wnkh are cwt tO Da removed and which 00 rid unrees to the sr. and Omer Information concerning the performance.capacity.nature,end bly Interfere with the work required under this contrail. The Cantradw shall rating of the machinery and mechanical and other equipment. When only remove frees when specifically authorized to do so,and shall avoid required y g IS i' shall also obtain thefrCont acting OfficarS approval Officer.the Contractor damaging vegetation that Will remain In ace. n . pt a, r by M branches 9 approval li the material k of Iran we Woken nt,or contract performance,Contractor to by the smelts ankles which the ConlreclOr contemplates IncorpprBling Into the Work operation of equipment,w by vrorkmen,iha C,Itrector shell mm IfoseWhen � • j c,wemlreng thematerialelerlel orhe Contractor shall artkles When tltreCled toovide d0 so�ihe ion Ilmbs M compourM ands directed by the Contracting pointhes with a Claim Cut and the with etre►pnlnlrng { -p Contrect"sholl sUbmd samples for approval at the Contractors expense, C, is with all shipping charges prepaid. Machine P (b) The Contractor shallexistinge -G s notN•shall mens,melena(and protect from damage) ajac est property of G at they mai do los flew the ectioned approval shell he installed"used and utilities(1)m or near the work she and(2)on edlecenl properly d a N the risk Ot subsequent rejection. a third patty,the localions of Which are mads known to w should be known by the Contractor The Contractor shall repair any damage to (c) All work under this contract shall bs Performed In a sHI1ful and those facilities. Including those that are In properly of a third party, U woronanllke manner. The Contracting Officer may require, In,ming, resulting from failure to comply Won the requirements d this controls or that the Contractor remove from the Work any employ"One Contracting (allure to exercise reasonable Care In" performing the work 0 Ills (t j Officer deems or oihaM'ISe objectionable. Contraclor fails w refuses to repalrlha damage promply,the Contracting Officer may haw the necessary work performed and charge the cost to (i (tl) the Government's evaluation of 'equal' product requests will be the Contractor. _C made aner contract award es pan of the shop drawing review process. :I The Contractors Requests for Approval to use an'equal-product Io that 46. 52.236.10 OPERATIONS AND STORAGE AREAS(APR 1984): (; I nam"In the specification shall be made In writing to the Contracting d ;� Officer. To ensure that cuff dent Information Is available,the Contractor a The Contract"sell conffne all ( ) operations (Including storage of must fUM)Sh W pan of its request all descriptive malerW(Such es cuts, materials)on Government premises in areas authorized or approved by (r Illustrations.drawings,w other Information)necessary forthe contracting the Contracting Officer, The Contract" shalt hold and save the, rc eillwry to (1)determine whether the Product oder"m"is the Salient Government,Its officers and agents,free and harmless from liability of 1 characteristics requirement of the specification,and(2)establish exactly any nature cccaslmod by the C,ntrador's pertormence. ,g what the Contract,proposes to furnish and whal the Government Would be binding Itself to purchase by approving the request. (b) Temporary buildings(e.g..storage sheds,shops,Offices)and utilities - s'. they be erected by the Contractor Only with the approval of the i (e) The evaluation of the request and the determination as to equality Contracting Officer and shall be built with labor and materials fumlshad (� Of the product offer"shall be ins responsibility of the GOVamment and by the Contrsclw whhoul expense to the Government. The temporary In Will be bas"on the Information furnished by the Contractor es well es buildings and utilities Shall remain the property of the Contractor and a Other Information reasonably available 10 the contracting activity. The shall be removed by his Contrail,at its expense upon completion of C '..� Contractor is cautioned that the contracting activity Is not responsible for the work. With the wr ow consent of the Contracting Officer. Me c locating or securing any Information which Is not Included with the buildings and utilities they be abandoned and need not be removed. c j request and reasonably available to the contracting aUNly. (c) The Contractor shelf, under regulations prescribed by the r 1 42. 52.2366 SUPERINTENDENCE BY THE CONTRACTOR Contracting Officer, use only established roadways,w use tem r, (APR 1964): roadways conskllded by she Contractor when and es authorized temporary e At all rimes Gunn Connecting Officer. When materials are transported In prosecuting the g performance of this contract and until the work Is work. vehicles shall not be loaded beyond the ceding Capacity t. I completed and accepted, the Connecta shall directly superintend the recommended by the manufacturer of the vehicle or prescribed by any ? WwK or assign and have on the Work a competent superintendent who Federal.State,or local law w regulation. When ft Is necessary t0 cross c ( Is satisfactory 10 the Contracting Officer and has authority to act for the curbs"sidewalks,the Contract"shall protect them from damage. The r a Contractor. Conrad,shall repair or pay for the repair of any damaged curbs, � sidewalks,or coeds. ( i v 16 e . t Ot,216.it USE AND POSSESSION PRIOR TO COMPLETION M Before comnwncing the work,the Contractor shaft— �''" GOVerru110nt shall have the right to take possession of or use (1) Submit 8 written proposed plan for Implementing this clause. The 1 ,} OampNetl or partially completed Pen of the work. Before laking pian Man include an Analysis of the significant hazards to life,Xmb.and { -` of or using any work.the Contracting Officer Mall fumlsn property Inherent In contract workpenomhance and a plan for contr0ffing 1 T 'h—Olififfactor a list of items of work remaining to be performed or these hazards;and on those Pollicino or the work that the Government Intends to '�+,rpsslort of or use.However.failure of the Contracting Officer to (2) Meet with representatives of the Contracting Officer to discuss and S item of work shall not relieve me Contractor of responsibility for develop a mutual understanding relative to administration of the overall I 1 COffI(Xyth' with the terms of the contract. The Government's possession safety program. 1 WWe SW not be deemed An acceptance of any work under the �'�x} „7 50. 52.23&11 AVAILABILITY AND USE OF UTILITY SERVICES Ts,,,a;.., (APR 1981): P) IMm0e Die Cover Intent has such possession or use,the Contractor 11W M relieved d the responsibility for for the Ioof or damage to the (a) The Goverment Mall make all reaswaby required amounts of SISUM,oBrq from the Government's possession or use,notwithstanding utilities available to the Contractor from exuaing omlets and supplies,es f- ifietim,, bl the clause In this contract entitled 'Perils and specified In the contract. Unless otherwlse provided In the contrai the : ySpdm fUlnjm.' X prior possession or use by the Government lays ment deamount of each.Utility service consumed shall be charged to or paid for MI� Xte progress of the work additional expense to the Contractor, by the Contractor at prevailing rales Charged to the Government on, , T•jp equitable adjustment shall be made In Ine contract price or the time where the ulllly is Produced by the Government,al reasonable nose doornplellon,and the contract shall be modified In writing accordingly. determined by the Contracting Officer. The Contractor Shall carefully s conserve any Utilities furnished without charge. II 52.276.12 CLEANING UP(APR 1991): (b) The Contractor, at its expense and In 8 workmanlike manner F 'Rte Contractor shall at all times keep the work area,Including storage satisfactory to the Contracting Officer, shall Install and maintain all jI free from accumulations of waste materials. Before completing necessary temporary connections and distribution lines,and M meters "the work.the Contractor shall remove from the rank and premises any required to measure the amount of each utility used for the purpose of ''ttUDMM,10013, scaffolding, equipment, and materials that are not the determining charges. Before final acceptance of the work by the rr-prapeny d the Goverment. Upon completing the work the Contractor Goverment,the Contractor shall remove all the temporary connections. i '.Wit leave the work area In a clean, neat, and orderly contlllkn distribution Imes,meters,and associated paraphernalia. i .semfactory to the Contracting Officer. Q ^t'tyrr 51. 52.27&15 SCHEDULES FOR C QHSTRUCTION CONTRACTS f1 } 10. 52.276.17 ACCIDENT PREVENTION (NOV 1991) AND h t 4N,w,y..ALTERNATE 1 (NOV 1991): i- (a) The Contractor shall.within live days after the Work corrmrrhermcee on j (a) The Contractor shall provide and maintain work environments and the contract or another period of time determined by IM Contracting r "procedures which will (1) safeguard the public and Co nnment Officer,prepare and submit to the Contracting Officer for approval three 4 pereonnot, properly, materials, supplies, and equipment exposed to copies of a practicable schedule showing the order In which the s Cgmrmgor operations and activities; (2) avoid Interruptions of Contractor proposes t0 perform the work,and the dates on which the 1 ..g Government operations and delays In project completion dales;and(3) Contractor contemplates starting and completing the several sellers 1 Control costs In the performance of this contract. features of the work (Including acquiring In the performance of This contract. features of the work (including acquiring materiels. plant, and equipment). The Schedule shell be In the form of a progress chart of °(b) For these purposes on contracts for construction or dismantling, suitable staleto indicate appropriately the percentage orworkscheduled demolfikn,or removal of Improvements.the Contractor shall-- for completion by any given date during the period. It the Contractor fails 10 Submit a Schedule within the time prescribed, the Contracting (1) Provide appropriate safety barricades.signs,and signal lights: Officer may Wthhod approval of progress payments until the Contractor 3 - ' submits the required Schedule. M.Comply with the standards Issued by the Secretary of Labor at 29 CFA Pan 1926 and 29 CFR Pail 1910;and (b) The Cont=,r shall enter the actual progress ion the`chart ea _. diCe bIfIone.Conirecting'Olticer antlLp6ri tl01ng eo ehalfimmedletely :!I (3) -Ensure that any additional measures the Contracting Officer deliver three copies of the annotated Schedule to the Contracting Officer. delemlines to be reesonatIy necessary for the purposes are taken, It, In the opinion of the Contracting Officer,the Contractor falls behind the approved Schedule, the Contractor shall lake steps necessary to (d)- X m this whiled Is for construction or dismantling, deolillon or Improve Its progress, Including_those _that_mey_berrequired-by-thel 1' Ielldval d improvements with any Department of Defense agency or Contmcling•Ofticer wdhoph.addfilona]cost to Ih0 Goverment. In this' -component,the Contractor shall comply with all pertinent provisions of circumstance, the Contm'ciing OM69-may-requim-the`Contracdf'to is =tile latest version of U. S.Army Corps of Engineers Safety and Health Increase the number or shlXg,overtime operations,days of work,and/or =flequlremenls Manual, EM 365.1-1, In effect on the Gale of the the'emoum.gLconsinuctlori'plent, 'and to submit for approval any Solicitation. supplementary schedule or Schedules In Chad form AS the Contracting 1' Officer deems necessary to demonstrate how the approved rate of (d) whenever the Contracting Officer becomes aware of any progress will be regained. 1;1 wnwmPlianw with these requirements or any condition which poses !;y� A serious or Imminent danger to health or safety of the public or (c) Failure of the Contractor to campy With the requirements Of the Goverment personnel,the Contracting Office shall notly the Contractor Contracting Officer under this clause shall be grounds for 8 } Orly. with written confirmation, and request immediate Initiation of determination by the Contracting Officer that the Contractor Is nor ,y corrective action. This notice.when delNeretl to the Contreclororthe prosecmXing the work with sufficient diligence to ensure completion wlUlln Contractors representative at the work site,shall be deemed sufficient the time specified In the contract. Upon making this detem inelkn,rhe notice Of ins noncompliance and that corrective action Is requlred. Mer Contracting Officer may terminate the ContrBctaYs right to proceedWith receiving the notice, the Contractor shall immediately take corrective the Work.or any separable part of it,In accordance With the default terns action. ff the Contractor falls or refuses to promptly take corrective of this contract. action,the Contracting Officer may Issue an order stopping all or part of the work Until satisfactory corrective action has been taken. The 52. 52.236-21 SPECIFICATIONS AND DRAWINGS FOR a Contractor shall not be entitled to any equitable adjustment of the CONSTRUCTION(APR 1954)(PARA.(9)REMOVED BY DSC; contract price or extension of the performance Schedule on any stop PARA.(b)(1)ADDED BY DSC): work oder Issued under this clause. (a) The Contractor shall keep on the work alta a copy of the drawings (e) The Contractor shall Insert this clause,Including this paragraph(a), and specifications and shall at all limas give the Contracting Officer With appropriate changes In the designation of the parties, In access thereto. Anything mentioned In the specifications and not shown Subcontracts. on the drawings,or shown on the drawings and not mentioned In the 17 1` 'i j r SALEM MARITIME NATIONAL HISTORIC SITE December 27, 1993 NATIONAL PARK SERVICE REHABILITATION OF DERBY AND CENTRAL WHARVES ANTICIPATED SCHEDULE FOR TIEBACK INSTALLATION AND PROJECT WORK HOURS Jan. 1, 1994 - Jan. 31, 1994 DATE LOW TIDE TIEBACK INSTALLATION WORK HOURS - - -- ---- -- -- -- - -- -- --- ----- - ------ ---- -- --- .. .. .. .... ...... . . . SAT. , 1-01-94 7:13 AM (NO WORK) (NO WORK) SUN. , 1.02-94 8:02 AM (NO WORK) (NO WORK) MON. , 1.03.93 8:55 AM 6:00 AM - 1:00 PM 6:00 AM - 6:00 PM TUE., 1-04.93 9:51 AM 6:00 AM - 2:00 PM 6:00 AM - 6:00 PM WED., 1.05-93 10:51 AM 7:00 AM - 3:00 PM 7:00 AM - 6:00 PM THU. , 1-06.93 11:53 AM 8:00 AM - 4:00 PM 7:30 AM - 6:00 PM FRI. , 1-07-93 12:57 PM 9:00 AM - 5:00 PM 7:30 AM - 6:00 PM SAT. , 1-08-93 1:59 PM 10:00 AM - 6:00 PM 8:00 AM - 6:00 PM SUN. , 1-09.93 2:57 PM (TESTING ONLY) 1:00 PM - 5:00 PM MON., 1-10-93 3:52 PM 12:00 PM - 7:30 PM 7:30 AM - 7:30 PM TUE., 1-11-93 4:42 PM 12:30 PM - 7:30 PM 7:30 AM - 7:30 PM WED., 1-12.93 5:29 PM 1:30 PM - 7:30 PM 5t07.30 AM - 7:30 PM THU., 1-13-93 5:39 AM 7:30 AM - 9:30 AM 6:14 PM 2:00 PM - 7:30 PM 7:30 AM - 7:30 PM FRI.. 1-14.93 6:26 AM 6:00 AM - 10:30 AM 6:56 PM 3:00 PM - 6:00 PM 6:00 AM - 6:00 PM SAT., 1-15-93 7:11 AM 8:00 AM - 11:00 AM 7:39 PM 3:30 PM - 7:30 PM 8:00 AM - 7:30 PM- T o SUN., 1-16.93 7:57 AM (NO WORK) (NO WORK) MON. , 1.17.93 8:44 AM 6:00 AM - 1:00 PM 6:00 AM - 6:00 PM TUE., 1-18.93 9:33 AM 6:00 AM - 1:30 PM 6:00 AM - 6:00 PM WED., 1.19-93 10:24 AM 6:30 AM - 2:30 PM 6:30 AM - 6:00 PM THU., 1-20.93 11:19 AM 7:30 AM - 3:30 PM 7:30 AM - 6:00 PM FRI., 1-21.93 12:15 PM 8:00 AM - 4:00 PM 7:30 AM - 6:00 PM SAT., 1.22-93 1:11 PM 9:00 AM - 5:00 PM C-7.4:00 AM - 5.00 PM i = ASPM C rJ xvZ. ck'�+9.zocn SUN., 1-23-93 2:04 PM (TESTING ONLY) 12:00 PM 4:00 PM MON., 1-24.93 2:53 PM 11:00 AM - 7:00 PM 7:30 AM - 7:00 PM TUE. , 1.25.93 3:39 PM 11:30 AM - 7:30 PM 7:30 AM - 7:30 PM WED. , 1-26-93 4:23 PM 12:30 PM - 7:30 PM 7:30 AM - 7:30 PM THU. , 1-27-93 5:07 PM 1:00 PM - 7:30 PM 7:30 AM - 7,'30 PM FRI. , 1-28.93 5:50 PM 2:00 PM - 7:30 PM 7:30 AM - 7:30 PM SAT. , 1-29-93 6:05 AM 8:00 AM - 10:00 AM n ' 6:34 PM 2:30 PM - 7:30 PM 8:00 AM - 7:30 PM SUN. , 1-30-93 6:53 AM (NO WORK) (NO WORK) MON. , 1-31-93 7:43 AM 6:00 AM - 12:00 PM 8:07 PM 4:00 PM - 6:00 PM 6:00 AM 6:00 PM the dramngs and spectlba ons nude a part d ibis contract. Any failure 0�'—SS276.7�PERMI7-1 MID RESPON81&UTI�ES(APR 1330: a IM Contractor 10 lake the actions deacribsd and acknovneoged In this Paragraph will not renew the Contractor mon mM=BldlltV for estimating _ TM Contrauor Sha„,,w„Bout adtl„IOrlsl expenea bIM A7 orroreedIIM10 succeaelul dMICUtty arid CON a BUCCes8lUlly QBriorm(ilfng ma worK or for spOna+bl Ila Ooralming.arly fKKa6sary„Gnat and. and l Proceeding N periortn IM work wntnout additional expense, complying with any Federal.-Slate. aril munklpal.Jews. COWS, dna to IM Government. ._regulalforne;applM:eOle,b.iM perfamarie d the work The Conitraand (a atM—also to responelble for all damepaa to ar' ckf (D) The Government assumes M responsibility for any ccncluslons.a do=as a rasa„d IM Comredors faull_or negligence.a )elq Ps interpretation made by me Contractor based on the M=Jon made PMW satNy OW-hma„a preeeudens-to,prosect UW Work Ihe'lyorllels. ` n responavallabsibility by IM Government. Nor does the Government assume the Pudic, and,tlle.ProPMy Of Orr :-A:TM Contractor ohm Maybe., � lot : reaponaldllly for arty underetending reached ” rotor Mont made - rej*iifpW—ffii,„all matatais teMened,and lgjlc i d concerning Co dnbn&which can affect the work Parlofm w,until or agents before the exacutlon d this contract.unless thatunderstand,nam- Ilon end acceptance a�M enllie-Work.except for a wOMOMM ..a ”representation lee ng..—A:unn of work shin dry new been sotspted udder 11le Colnrd4, ®'y xPrm1V stated In this contract. �.�^^--.,•.••- -. -.lye a M. _d 61. .5 MATERIAL AND WORKMANSHIP (APR 1994) 5223" OTHER CONTRACTS(APR 1361): (DEVIATION): .-a.: (DEVIATION): The Government may undertake or award other conlrnpa for additional `.-le work al Of Mar IM Site d the Work under this contract. The CorAm& t .:°N (e) al by this onnt- mMsnail and and'ticles incorporated suitable Into the work shall fully cooperate with the other contractors and with Government om cOwrer by Ids coded,shall he new and s me most suitable grant la employees and shall ramUiv ddeW scheduling and performing the work T IM purpose Intended, unless dMnwse specifically provided In tills under this contract to accommodate the additional Work.heeding any - 'R contract. References In the specilicalbns 10 aquipMer, materiel, direction that may be provided by the Contracting OIIk»t. The articles.or patented processes by trade name,make.or cal d shall he catalog number,be Contract"Nla4 not comm„a per ha arty W that wig Iby Gov with the , regarded YCombllaran0 a alendero a quality and shell not he perf"mars. d wont by any aver contractor a by Governnant construed leg limiting mat oompetltle, The cess t,or they,al as option,use employees. eery equipment,material.article,"Process that,In the ludgmern Of the � Contracting Offier,Is equal 10 that named in the speclnGllons.union 45. 52.226.9 PROTECTION OF DOSTING VEGETATION, } dherWlse specifically Provided in this contract. STRUCTURES, EQUIPMENT, UTILITIES, AND .T . (b) The Contractor shall obtain the Contracting Offiera approval a the IMPROVEMENTS(APR 1334): It n machinery and mechanical and diver equipment to be incorporated Into (a) The Connector shall preserve and protect all slruclurN,equipment _n the Work When requesting approval,the Contractor shall lumish to the and vegetation(such as trees,shrubs,and grass)of or ad)ecant lO Oa P Contracting Officer the mime of the manua,urer, the model number. WOrN sue,which ere mol to M fBrnOVeO and wmkh de not unroroonaIlly, 31 m Informationend othInformatconcerningnconcerning IM periomanccapacity peclly,velure,and Interfere wall IM Work required under this contract The Contractor NMI rating Of the machinery and mechanical and other egopmenl. When only rerrove bass when Specifically,auttdrized to 60 so,and tinea avoid required by this contra,or by the Contracting Officer, the Contractor damaging vegetation that Will remain in pace. it any limbs OI blenches 4 Shall also obtain the Contracting Officers approval d IM material of of MBD are broken during contra, perfomarde, " by IM camim amktes Wi"the COntraator contemplates Incorporating Into IM work When operation ra equls with "Dy wot anen,the domedit alma„Inml nose 4 ening Ina approval,the Coles. W shall proves full Inf(10 So.lion corn o Drenches with a clean cul and ng O ria cul With a Iree•fkinnlrq � P Conteming Ina matesubmit p articles. When OlfWed ct do So. int compound leg tlmWetl by int Contracting Odder, Contractor shall submnaemplesl"epprovalalthe Contractors expense, P with all shipping charges prepaid. Machinery,equipment,Material,and (b) The Contra,o shall prole,from C articles that do not haw IM required aennepe all aerating gnprovmnrlanle C at the risk Of SOD approval shell de Installed and utilities(1)at Or Mar the work site and(2)on adlacem properly d C sequenl re16,ka. a third party, the locations of which are Mede known 10 W should be knovm by the Contreclor. The Contractor she„repair dory damage to (c) All work under this contract shall be PenOmMy In a sdlllut and th0ee lacllitbs, Including those IMt arm the property of a third worWnmllke Mannar, The Contracting Officer Ray require,In writing, resulting from failure to comply with IM mqutremlenle of this CWWW or it that IM Contractor remove from the Work any employee the Contracting failure 10 ex9re a9 reasonable care In performing the work If ffa Officer deems Incompetent,careless,Or Otherwise objeca fabIg. COnira,Obills Of reIUSBS 10 real the damage prpmplIV.the Contracting 1 (d) The Govemm enl's evaluation of -equal- product C„Ilcer My haw the necessary work Performed and charge ria owl to made attar contra,award all pan Of IM she tlrawl fBtUBBV WIII be the Contractor. _t The Contractors Requests for D ng review process. named In IM s Approval to use en*equal-product to that 48. 52.22610 OPERATIONS AND STORAGE AREAS(APR 1364): specification shall be Made In wrlling t0 the Contracting (Nicer. To ensure Ihntra al sufficient Information is available,the Contract" (a) The Contracl"shall col„he all operations (including storage d r must furnish eS pan Of Its request all descriptive material(awn as cuts, malenals)on Gowmment premises to areas aumolze6 Or&PP(dved by Illustrations.drawings,"Other mforrratlon)necessary loth Contracting IM Contracting 011ier. The Contractor shall hold and saw the activity to (1)determine whether the Product Offered Meets the seikml GOwmnleni, ns Officers and agents,free and harmless from IaG„y,d e characteristlCs requirement Of the Specification.and(2)"foolish sadly arty nature occesloMd by len COrlira,ora periortnarleB. What the Contactor proposes 10 tumish and what the GOvem rent would it M binding it”"to Purchase by approving the request. M Temporary builay be elected dings the (e.g.,storage shays,shops, the 1 (e) The evalun a allothe request determinationand the determination as to equality Contracting Omer and Sinalbe 1101CIM Only with e approval val of DUI„with and malerMt hlmlehetl Of Ins Product offered shall be the responsitinity,of IM Government and D the Contractor wohoui expense xemain to int Government. The temporary Will rI based On the InlomMbn furnished 10 by int Contractor as well as Dullbllgs and utllnle9 shall remain the property d the CanfWp ant Other Information reasonably onapN econtr a IO the contractingityIs1 SPOnsi The shall be removed by the Contract"al ffs expense upon completion d I coming o lscaurng that the contracting activity Is lnd responslDlelor Ins Wok With the'whiten Wnsarit d the Contracting 03ker, the I bcaling or securing any InfOrmatlOn Which Is nos Included With the buildings and utilities they be dbithoorled antl Med not be Mnldad. I request and reasonably available no IM contracting activity. (c) The .Contractor shall, under regulations prescribed by thee, m 12. 522266 SUPERINTENDENCE BY THE CONTRACTOR Contracting Onia er, use only established roadways, use temporary . I (APR 1984): roadways constructed by the Contractor when and as authorize6 by the m At all Mmes during Pert rm a of this contract and until the work Is Caaretling Officer. When materials are transported In prosecuting the: completed dna accepted, the Contractor snail directly superintendWolk 'vehicles shall not be laded beyond the l adblg capacity wok or ed an and heed of Ins work a competent Superintendent the recommended by the menufWurer d the vehicle w prescribed by any ms satisfactory to the Contracting Officer and has authority fwho f-etlerel,State,"klCel few o regulation. When it 1s necessary b trots Contra,". moony to W for IM curbs or Sidewalks,the Contractor shall protect them from 6Bmege. The Contractor Shall repair Or Pay for the repair of any damaged verba, sdBWaiks,W roads. 18 i 523611 USE AND POSSESSION PRIOR TO COMPLETION • `%J*A*1884): m Before commencing the worts the Contractor shall- '' Shalt have the right to take possession d or use i� p)711a Government (1) Submit a written Proposed pan ig Implet hist rd Ino f Clause. The .w eOnnlpleted r,singPartiallyan Completed Pant a the work Before atirmg pan erty I Indene an contract or the NgnakMl andar08 in Ills,omb,eho j d a using erry work the Contragklg Officer shell fumtsh property Inherent In contract work performenca endeplan for wrmaolprng M w1e'�a a Inst of Herta of work remaining to be performed a hese ha Lards:and Ogas porlkns of the work that the GOvemmenl Intends to �poMsasbrm of or use.However,failure Of the Contracting Officer to (2) Meet with repreeentatNes of the Cor recllng 0111M to discuss and seal Sem of work shell not renew the Contractor of responsibility for develop a mutual understanding reletNe to aamirdshmon of the overall ' 6plpfrg with the terms of the contract. The Government;possession safety program. yp pap not be deemed en 8COOPtn Of any work untler the _ 50. 52.236.14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1884): ! Yftepe the Government has such possession or use.the Contractor a.etlewd dine resporelblllty for the bas of or damage to IN (a) The Government "I make all reasonably required amounta of `iSplri LOW from the Government's possession or use,notwithstanding ullRles available to the Contractor from existing outlets and Supplies,is, p )oma of the cause In this cOnirect entitled 'Pem111a and specified In the contract. Unless otherwise provided In the conlrad.the l # ��pprBldIslas.- ff prior possession or use by the Government dears amount of each Utility service consumed Shall be charged to or paid for t -:;hprpgresa alis work Or causes additional expense to the Contractor, by the Contracts at prevailing rates charged to the Government or, -NS equitable adjustment shall be made In the Contract price or the time where IN Utility ts produced by the Government.at reasonable raise dcanpletbn,and the Conlyd shall be modeled In wring accordingly. determined by the Contracting Officer. The Contractor shall carefully I. Conserve any utilities furnished without charge. 52236.12 CLEANING UP(APR 1984): (b) The Contractor, at its expense and In a workmanlike munner 4M Contractor shall at all times keep the work area Including storage satisfactory to the Contracting 019ber, shell Install and maintain all -Spm free from accumulations of waste materials. Before competing necessary temporary connections and distribution lines.and all Toter -go work the Contractor was remove from the work and premises any required to measure the amount of each Utility,used for the purpose of 'II 11sOtsh, fouls, scaffolding, equipment, end materials that are not the determining charges. Before final acceptance of the work by IN property of the Government. Upon completing the work the Contractor Government,the Contractor shall remove all the temporary connections, pep saw the work area In a clew. neat, and orderly condition distribution lines,mails,are associated paraphernalia. it satisfactory to IM Contracting Officer. _. ,,,1....- ,w.w.+w+..ry.u,.�... 51.ir?r522WIS SCNEDULES'FOR_CONSTRUCTION CONTRACTS y� 18._.. 5223613 ACCIDENT PREVENTION (NOV 1991) AND -- �,.ALTERNATE 1 (NOV 1991): (a) The Contractor shall,within five days MW the work commences on (e)-The Contractor shall provide and maintain work"whonments and the Contractor another period of time determined by the Contracting procedures which will (1) safeguard the public aha Government Officer,prepare and submit to ion Contracting Offer for approval thnea personnel, property. materials. supplies, and equipment exposed to copes of a practicable Sc edule showing the order In which the �1 Contractor operallons and actMlies: (2) avoid Interruptions of Contractor proposes to perform the work and the dales on which ion Government operations and delays In project completion data:and(3) Conirector contemplates starting and completing the several saler9 chard casts In the performance of this contract. ealurea of the work (Including acquiring materials. par, and equipment). The Schedule shall be In the form of e progress chart Of I� (b) For Vase purposes on Contracts for construction or dismantling. suitable scale to Indicate approprlatelythe percentage of work scheduled demaitiol,or removal Of Improvements.IN Contractor shall- for Completion by any gNen date during the period. ff the Contractor falls to submit a Schedule wnhln the Ifi a prescribed,the Contracting I, (1) Provide appropriate eatery,barricades,signs.and signal lights: Officer may withhold approval of progress payments until ire Contractor submits the required schedule. (2) Comply with the standards Issued by the Secretary of labor at 29 �:,;.css,a.-..�; p,,,• `'_TrTr 1 -CFR Part 1926 and 29 CFR Pan 1910:and (b)TM;T;orUrctM:atnall>etdor;Ina-actual progress,on the Chert se� .' ;directed bythe Contracting oflear,etl_G_upon OOInIg S 'Shall Immegktely (� Ensure that any 9edltbral measures the Contracting Officer tldlw[Ifrrea copies atheannolaled acrietlue lolM Conlieolnig,Oflcx., detemaes to be reasonably necessary for the purposes are taken. ;f.In the opinion of-the Contracting Olfker,the Contrecta faleDelunC' the approved-schedule.-Me Contrector.shall take alepS..necewy-to- (e) tt this contract is for consinlCllon or dismantling. demdtilon or improve me'progress"including tho8l that they,be-regutred by that M WW d IRIprOvenent5 with any Department of Defense agency or Contfatting Ofker wBhoUt'addnkthap Cop t, iN Government In this COMPbeshl,the Contractor shall comply with all pertinent provisions of clrcumaimce, the Conlrotling 011ier msy�requtre the.contactor-6 She latest version of U. S.Army Corps of Engineers Safety and Hewn Increasstne pumbxa.shms.,ovedimegpertbra.Oays'ol work are/or Requirements Manuel, EM 36511, In effect On IN date of the IM auiourd a'Conpmction plant,;antl"to-submCfor,appfoval. y .N solicitation. i supplemeaa y.eehedule w SON edules Inchain form ell Me Contrnuthg _01116r cieems'.necessary-lo demonstrate how the approved rale-01-, . 'I (d) Whenever the Contracting Officer beeones aware of any piogrsss will beregained: WhOORIpliance with these requirements Or any condition which poses "'""*""'""""•"°'-'""""1F1'""r"'a"`�""'M+•+-_�� a serious or imminent danger to health or safely Of the public Of (c) Failure of the Contractor to Comply with the requirements of the Government personnel.the Contracting Office shall notify IN Contractor Contracting Officer uncia this cause shall be grounds fa a OniffN, w9h written confllmallon, end request Immediate Initiation of determination by the Connecting omdar that the Contractor 13 not corrective action. This notice,when delNered to the Contractor or the prosecuting the work with sufficient diligence to ensure completion within Contractors representative at the work Site.shall be deemed sufficient the time Specfed In the contract. Upon mating the determination,the notice of the noncompliance and that corealve action Is required. Mer Contracting Officer may terminate IN Contractors right to proceed with recetwng the notice, the Contractor shall Immedlakuy lake corrective the worK or any separable part of it,In accordance will the default lents action. ff the Contractor falls or fetuses to prompty lake corrective of this Contract. action,the Contracting officer may Issue an order slopping all or part of IN work until satisfactory Cor ICUVe action has been taken. The 52. 52238.21 SPECIFICATIONS AND DRAWINGS FOR COmrdor stall not be warned to any equitable adjustment of the CONSTRUCTION(APR 1984)(PARA.(9)REMOVED BY DSC; contract price a extension of the performance scneaule on any stop PARA(b)(1)ADDED BY DSC): work order Issued urea this cause. (a) The Conlracta shall keep on IN work she a copy of the drawings (e) The Contractor snail Insert this cause,including this paragraph(e), are specrkcalions and shall al all limes give the Contracting Officer with app ophata Changes In the designation of the parties, In access thereto. Anything mentioned In the specifications and not Shown SUIxxx in cis. on the drawings,or Shown on the drewirlgS and not mentioned in ill 17 a - October 15 , 1993 To Mayor Harrington THE PURPOSE OF THIS PETITION IS TO REQUEST THAT THE NATIONAL PARK SERVICE 1) LIMIT THE HOURS OF CONSTRUCTION ON THE MARITIME SITE FROM 8am TO Spm TO COMPLY WITH THE SALEM CITY ORDINANCE. THE CURRENT HOURS ARE 7am TO 5:30pm. 2) CEASE WORKING SATURDAYS AS WAS ORIGINALLY AGREED TO DURING THE OPEN HOUSES. NAME ADDRESS kt r. �!�-✓.� T %I'- 14 K-7-rn rCptltlyr e,L 1 c�c� lcr` �...s ko IST / 9 _ t 11 00" a Titg of �ttlrm, massar4usetts public Vrapertg Mepttrtment Nuilbing 19epartment (Put #alem (5reen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 16, 1992 Triton Marine Construction Corp. 173 Derby Street Salem, MA 01970 RE: Saturday Work Permit Dear Sir: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, December 19, 1992 between the hours of 8:00 a.m' and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances Your request is granted and a Special Permit is herewith issued to allow rehabilitation work on the Derby, Central and Hatch's Wharves. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 P.M. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward One 1 Triton Marine Construction Corp 12/16/92 173 Derby St. Salem, MA 01970 Building Inspector Mr. Leo Tremblay 1 Salem Green Salem, MA 01970 Dear Mr. Tremblay As per our telephone conversation of 15 December 1992 , Triton Marine Construction Corporation is the contract r of award on the National Park Service ' s project to rehabilitate Derby, Central and Hatch' s Wharves. Due to the rapidly onsetting holiday season and Triton' s aggressive construction schedule, we are requesting permission to work on site Saturday, 19 December, 1992 to enable us to complete a scheduled task prior to Christmas. Triton has scheduled a five day work week for the duration of the project and we will maintain this schedule as nearly as possible. When unfavorable impending weather or safe construction practices warrant, Triton requests permission to work on Saturdays. Your favorable consideration is greatly appreciated and we at Triton look forward to working with Salem to bring the project to a swift and successful completion. Very Truly Yours V,��o,c314 Project Manager Titu of �§ttlrm, Mnssar4usetts Publir Propertg Department �p Nuilbing Department (One 6strm (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 9, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Saturday Work Permit Dear Sir: This -will e acknowled - _-- g your request- for a Special"-"Permit-to-all be conducted on Saturday, July 10, 1993 between the hours of 8:00 a.m and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances Your request is granted and a Special Permit is herewith issued to allow excavation work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, ze Leo E. Tremble Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 Titu of ig- ttlem, mttssttr4usetts Public Propertg Department +Nuilbing i3epartment (ane Salem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 21, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Saturday Work Permit Dear Sir: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, July 17, 1993 between the hours of 8:00 a.m and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, 1 Leo E. Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 Titg of 3ttiem, fttssttr4usetts n Public Property i3epartment Nuilbing Departm.—it (One #alem (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 28, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, i^A 01970 RE: Saturday Work Permit Dear Sir: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, July 31, 1993 between the hours of 9:00 a.m and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. all work must be performed within the aforementioned hours of 9:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 0tv of �ttlem, mttslinc4usetts Public Praperig Department iguilbing i3epartment (One Belem 6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 5, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Saturday Work Permit Dear Sir: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, August 07, 1993 between the hours of 9:00 a.m and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 9:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay (/ Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 Titu of tmiEm, Mttssttr4usetts Public Prnpertg i3epartment +iguilbing Department (9ne #miem Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 19, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Saturday Work Permit Dear Sir: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, August 21, 1993 between the hours of 9:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 9:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay Inspector of Bui dings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 ° Titu of �ttlem, massar4usetts Publir Prn}tertg Department +Nuilbing Department (One Salem Green 508-715-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 9, 1993 Triton Marine Attention: Dave Boyd 173 Derby St. Salem, °A 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, September 11, 1993 between the hours of 9:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, V Leo E. Tremblay Inspector of Buildings LET:bms cc: favor Chief of Police Councillor Nowak, Ward 1 \wkpmt\ Tito of �ttlem, Massar4usetts Public PropertLi i9epartment iguilbing i9epArtment (One tfalem (6reen 509-745-9595 Fxt. 399 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 16, 1993 Triton Marine Attention: Dave Boyd 173 Derby St. Salem, MA 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, September 18, 1993 between the hours of 9:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 9:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 \wkpmt\ Titg of �tt1Pm, fAttssac4usctts Public Prnpertg Department Nuilbing Department (One 6alem %reen 508-745-9595 Fid. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 24, 1993 Triton Marine Attention: Dave Boyde 173 Derby Street Salem, Mass . 01970 Re: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, September 25 , 1993 between the hours of 9 : 00 a.m. and 5 : 00 p.m. as required under Chapter 16 1/2 , Artical 2 , Subsection 5 of the City of Salem Code of Ordinances . Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf . All work must be performed within the aforementioned hours of 9 : 00 a.m. and 5 : 00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Mayor Chief of Police Councillor Nowak, Ward 1 (situ of 3tt1Pm, massac4usjetts Public Prapertq i9epartment Nuililing i9epartment (One #alrm Green 508.745-9595 ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 1, 1993 Triton Marine Attention: Dave Boyd 173 Derby St. Salem, MA 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, October 2, 1993 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward I \wkpmt\ TitU of �ttlem, Massar4usetts Public Properttl Department Nuilbing Department (One dalem Green 500-745-9595 $xt. 380 Leo E. Tremblay Director of Public Property inspector of Building Zoning Enforcement Officer October 8, 1993 Triton Marine Attention: Dave Boyd 173 Derby St. Salem, M,A 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, October 9, 1993 and Monday October 11, 1993 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. Please advised that effective October 12, 1993 there will be a fee of twenty dollars ($20.00) for every Special Work Permit issued. The Salem Police Department will be notified of this permit. Sincerely, "2 Leo E. Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 Otg of �ttlem, massac4uoptto tlublir Propertp i9epurtment Nuilbing Department lone 681em (Stern 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 15, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, October 16, 1993 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8 :00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 \wkpmt\ Titg of li�ttlem, Aassac4usetts ! <<o Public Prapertg Department Guilbing Department (One ftlem lt6reen 588.745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 21, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, October 23, 1993 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, Leo E. Tremblay j Inspector of Buildings' LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 \wkpmt\ P (nitg of *Ulem, Ansanc4usetts Publir prapertg i9epartment Suilbing i9epartment (Ont dalem Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 29, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, October 30, 1993 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation and welding work at Derby Wharf. All work must be performed within the aforementioned hours of 8:00 a.m. and 5 :00 p.m. The Salem Police Department will be notified of this permit. Sincerely, -CC v Leo E. Tremblay Inspector of Buildin LET:bms cc: Mayor Chief of Police Councillor Nowak, Ward 1 \wkpmt\ �t Titu of tt1Pm. Mttssttt4usetts t �'o Public Prnperttl Department Nuilbing i9epartment (One *stem (6reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 26, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, MA 01970 RE: Special Work Permit Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on Saturday, November 27, 1993 between the hours of 8:00 a.m. and 5:00 p.m. as required under Chapter 16 1/2, Article 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation work to be done at Derby Wharf, Salem. All work must be performed within the aforementioned hours of 8:00 a.m. and 5:00 p.m. The Salem Police Department will be notified of this permit. Sincerely, 7 7` jjV � Leo E. Tremblay ° Inspector of Buildings LET:bms cc: Mayor Chief of Police \wkpmt\ October 15 , 1993 To MayorHar.ri.ngton. THE PURPOSE OF THIS PETITION IS TO REQUEST THAT THE NATIONAL PARK SERVICE 1) LIMIT THE HOURS OF CONSTRUCTION ON THE MARITIME SITE FROM Sam TO 5pm TO COMPLY WITH THE SALEM CITY ORDINANCE. THE CURRENT HOURS ARE 7am TO 5:30pm. 2) CEASE WORKING SATURDAYS AS WAS ORIGINALLY AGREED TO DURING THE OPEN HOUSES. NAME ADDRESS T � 2� /l & J ivy / L.9 n of JI 6� o 9e�/M1NE W��` January 20, 1994 Mr. Leo Tremblay Building Inspector City of Salem Salem, Ma. Dear Mr. Tremblay: You are respectfully requested to appear before the Salem City Council Committee on Community Development on Wednesday, February 2 , 1994 at 6 : 00 P. M. in the Council Chamber regarding National Park Service Derby Street Project. V 'Yslry truly yours, DEBORAH E . BURKINSHAW CITY CLERK DEB/jc Otg of *alem, Massar4usetts Public Prnpertg Department �p c� Nuilbing i9epartment (One ftlem Breen 5 08-745-95 95 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 9, 1993 Triton Marine Attention: Dave Boyd 173 Derby Street Salem, Mass. 01970 RE: Special Work Permits Dear Mr. Boyd: This will acknowledge your request for a Special Permit to allow work to be conducted on the following: Saturday, December 11 , 1993 between the hours of 8:00a.m. and 7:00 p.m. , Saturday, December 18, 1993 between the hours of 6:00 a.m. and 5:00 p.m. and Sunday, December 19, 1993 between the hours of 9:00 a.m. and 1 :00 p.m. as required under Chapter 16 1/2, Artical 2, Subsection 5 of the City of Salem Code of Ordinances. Your request is granted and a Special Permit is herewith issued to allow excavation work to be done at Derby Wharf, Salem. All work must be performed within the aforementioned hours . The Salem Police Department will be notified of this permit . Sincerely, Leo E. Tremblay .7 Inspector of Buildings LET: scm cc: Mayor Harrington Chief of Police - �- b� of2:1s - - . ------- ---- -- -E-=sZ= - - - - ---- - -- o`^^ — Tb_�$ L- 5 --- - - ---- -- �--gra=L7 =L—�5 ------ TIEBACK INSTALLATION AND WopFl SCHEDULE Dec . 9 , 1993 - Uec , '?1 , 1 ;39.^-, -----DATE----- LOW TIDE TIEBACK INSTALLATION WORK HOURS --- ---- --------------------- ------------------- THU . , ------------------ THU . , 12-09-93 1 : 15 PM 9 :00 AM - 5 : 3C) PIH 7 : 30 Ari - (:O PIH F 2-10- 2: 14 PM 10 : 00 AM - 6 : 30 PM - SAT . , 122-1 3: 11 PM 11 : 00 AM - 7 : 00 PM 8 : 00 AM - 7 : 00 PM SUN . , 12-12-93 (DM /�p' eWORK MON . , 12-13-93 4 : 56 PM 1 : 00 PM - 7 : 30 Ph1 7 : 30 AM - 7 : 30 PM TUE . , 12-14-93 5: 46 PM 2 :00 PM - 7 :30 PM 7 : 30 AM - 7 :30 PM WED . , 12-15-93 5: 55 AM 7: 30 AM - 10 : 00 AM 6: 34 PM 2 :30 PM - 7 :30 PM 7 :30 AM - 7 :30 PM THU . , 12-16-93 6 :45 AM 6: 00 AM - 11 : 00 AM 7:21 PM 3 :30 PM - 6 : 00 PM 6 :00 AM - 6 :00 PM F �-17- 7: 35 AM 6:00 AM - 11 : 30 AM 6: 00 - 6 : 00 PM AT . , 12-18-93 8 :25 AM 6 :00 AM - 12:30 PM 6:00 A 5:00 PM ;- SUN . , 12-19-93 9: 17 AM ( TESTING ONLY ) 9: 00 AM - 1 : 00 PM MON . , 12-20-93 10 : 11 AM 6 :00 AM - 2 :00 PM 6 :00 AM - 6 :00 pM TUE . , 12-21-93 11 : 07 AM 7 :00 AM - 3: 00 PM 7 : 00 AM - 6 : 00 PM WED . , 12-22-93 12:03 PM 8:00 AM - 4 :00 PM 7 : 30 AM - 6 :00 PM THU . , 12-23-93 12: 59 PM 9 :00 AM - 5: 00 PM 7 : 30 AM - 6 : 00 PM FR - - 1 :52 PM 10:00 AM - Ys'9@-PFr 7 : 30 AM - i. - S ( NO WORK ) / 9P47' ( NO WORK. P/Y/ MON . , 12-27-93 4 : 10 PM 12:00 PM - 7: 30 PM 7 : 30 AM - 7 : 30 PM TUE . , 12-28-93 4:52 PM 1 :00 PM - 7:30 PM 7 : 30 AM - 7 : 30 PM WED . , 12-29-93 5: 33 PM 1 :30 PM - 7 :30 PM 7: 30 AM - 7 : 30 PM THU . , 12-30-93 6 : 15 PM 2 :00 PM - 7 :30 PM 7 :30 AM - 7 :30 PM FRI . , 12-31793 6 :26 AM 6: 00 AM - 11 : 00 AM 6: 00 AM - J aFP GOFF-CHEM, INC. 18 Powers Farts Road,Radolpk MA 02368 Tel:(978)7962205 P.O.Box 25Z Randolph MA 02368 Fax:(978)7963133 ENVIRONMENTAL CHEMISTRY AND ENGINEERING August 27, 2002 Zoning Officer City of Salem 93 Washington Street Salem, MA 01970 RE: Amendment and Ratification of Notice of Activity and Use Limitation Attention: Property located at 173 Derby Street, owned by the National Park Service, Salem Maritime National Historic Site, is subject to an Amendment and Ratification of Notice of Activity and Use Limitation. The Massachusetts Department of Environmental Protection has assigned Release Tracking Number 3-12889. An Amendment and ratification was recorded in response to an audit. The compliance review required a more adequate delineation of the boundaries along with a "metes and bounds" description of the disposal site area. The Amendment and Ratification modified a Notice of Activity and Use Limitation filed on September 11, 1997. The document is recorded at the Essex County Registry of Deeds in Book 19130, Page 1. For further information contact Steve Kesselman, Superintendent, Salem Maritime National Historic Site, 174 Derby Street, MA 01970, 978-740-1680. Sincerely, Be ' n . Goff `/V ?% President cc: Steven Kesselman, Superintendent Salem Maritime NHS Illllllllllllillllllllllllllllllllllllllllllll 2002082100418 Sk;19130 pg;1 AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND08 27 2002 48:00 OTHER F9 1/10 USE LIMITATION WITNESSETH: This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and i Ratification") is made as of this,2 day of Department of the Interior, National Park Service, alem MaritimebNa onay the lJnllistorited caSitetes o174 Derby Street, Salem,MA 01970,together with its successors and assigns (collectively"Owner"). WITNESSETH: WHEREAS;Owner is the owner in fee simple of a in Plan Book C Plan certain parcel of land located in Salem, Essex County, Massachusetts ("Property"),pursuant to a plan of with the Essex County Registry of Deeds / s-7 WHEREAS, the Property comprises a disposal site, or part of a disposal site, as the result of a release of oil and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Disposal Site in accordance with M.G.L. c.2 IE ("Chapter 211") and the Massachusetts Contingency Plan, 10 CMR 40.0000 ("lre MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or groundwater, and/or (b) the restriction of certain activities occurring in,-on, through, of En fold th er is under the Proper-n'or a portion thereof The Department Environmental Protection has identified the Disposal site'- Release Tracking Number 3-12889; WHEREAS, on September 11, 1997, United States of America, Department of he Interior, National Park Service, Salem Maritime National Hisioric Site recorded a Notice of Activity and Use Limitaon with he Essex Coun y Registry of Deeds ni Book 14;13,Page 102 affestin an ac a., _ littitauon on a he porion o* + Prop ( hP g c tj 4 ise .. F m' OF y4l .'�1)'L' ) `lue I O..2in11 7 nvd T� ndr •1r 1d- r 17 " �n Gi u t70Peii affected t) Elie J a rgcr.». 1 1 i-on "- onditio sThat m r� ,_ ...parr n d . �� ``i 'ae �-,:, are o �_ner�l,ga au„ :.. - wi*a,. it _'7,e, -:+ > A r - ;.i. - _ .... ,. Or t'_C" ,,yQ.!t iH due t0 Potentialresidual a "�` "`s'• ''fie o ptlpilC N lT,re. [ P �pp,u,a r reside 0 contamination YV 1L1ZE kS le A'lL ••• the T -COnQIlon orrlo a-Sairiant ,— Risk is r,airsained at the Disposal Site. "'- 'v n_,ure twat a WAEREAS hie basis of the O�g,nat d,Tj -, trJu U3c Lunitation inion 'u tct U i".�t wnQ atll;cc io 5 ag E1, . preparzd by a Licensed Site Prlfessioall and alta.hed ip rhe Olimnal AUT �Ly _ NOW, THEREFORE, Owner hereby amends the Original AUZ as follows: AUL Area The AUL Area is bounded and described in Exhibit A, attached hereto and made a part hereof. Exhibit A replaces and supercedes any description(s) of the AUL Area contained or referenced in the Original AUL The AUL Area is shown on'a survey plan attached hereto and filed herewith for. registration. Said plan replaces and supercedes any plan of the AUL Area contained or referenced in the Original AUL. AUL Opinion i The basis of the Original AUL, as amended herein, is an Activity and Use Limitation Opinion (`AUL Opinion"), prepared by a Licensed Site Professional Said AUL Opinion replaces anand attached hereto as Exhibit B. original AUL. d supercedes any AUL, Opinion contained or referenced in the i i P•f°K-,AAL REFERrNCE RE9,IES-rD I BOOK Except as,expressly amended herein, the Original AUL is hereby ratified and confirmed. Owner authorizes and consents to the recordation and/or registration of this Amendment, which shall be deemed to be effective as of the date the Original AUL was recorded and/or registered. WITNESS the execution hereof under seal this ZL"N day of August 2002. ajRegio al Director National Park Service [COMMONWEALTH OF MASSACHUSETTS] si rf"O'�� ss [� Coin 0 Xi {- z,L 2002 - u Then personally appeared the above-named C�ivs�ndra the foregoing instrument to be[his][her] free act and deed before me, A ��� and acknowledged otary Pabhc: v My Commission Expires: l�Jeus 6¢r- b, Z063 i I I I i The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the Original AUL, as amended herein, are consistent with the AUL Opinion attached to the Original AUL hereto as Exhibit B,and are approprilteto iiV ntain a condition of No Significant Risk at the Disposal Site. 4 R Date° tij?'� �V, [LSP SEAL] :!�3 ` f D ; Craig E. Sa ders U A 614 t� \y • [COMMONWEALTH OF MASSACHUSETTS] '�CA ss a�, 2002 Then personally appeared the above-named _ �� llie foregoing instrument to be h s free act and deed before me.�rt �/3��nd acknowledged f.tZ o ry Public: 1Ga Commission Expires: e,-7p r_ F z n. United States of America pPlaT}iYlcn4 n4tL.E. I.._..... ,aitonal Park Service,f j7q Dar?,,; Qiy.ct moo.viii, MA i0 EXHIBIT A Activity and Use Limitation Parcel A parcel within land now or formerly of the United States of America, bounded and described as follows: Beginning at a point, said point being at the northeasterly corner of the herein described parcel on the southerly sideline of Derby Street; thence, " S 060-56-30" E By land now or formerly of Paul Nathan (et alia), a distance of thirty- one and thirty-six hundredths (31.36) feet to a point; thence, S 07°-11'-00" E By land now or formerly of Paul Nathan (et alia), land now or formerly of Richard Krom (et ux), and land now or formerly of Michael and Yulia Nemirovsky, a distance of eighty-eight and eighty-four hundredths (88.84) feet to a point; thence, S 060-26-50" E By land now or formerly of Michael and Yulia Nemirovsky, a distance of twenty-three and fifty-one hundredths (23.51) feet to a point; thence, SQ 1`17'x_4%r Inn By land r s n [J o r� n a q, c'r. al + r - .•.b.. .v ....i'_, ,.� ii�'3 .r cuiraa r53.73f fear ��..� r't r.. U t_ R f yen nzlbu or formerly Of �kGarneron Routh a r' . r c.11S is tCe v} L irr -nine e"tea i'¢ [ ."fid 'c4,-, rnn P, r S 07°-15'-30'r E By lard now or formerly of Jay Chapin, a distance of forty and eighty- four hundredths (40.84) feet to a uoint; t :eiice. SF-1 o_gnr rrt4'n lr-9 =, '-'r r _ .. _ �'t C; - ' . Icer [Scat_ vGt!i :aiiii u. In trr iiiCL •�Ec!CS JE Amer'lc?,,, a VIS lQ1r�G vl Vllc hundred and seventy-six and two hundredths (176.02) feet to a point; thence, N 070-49'-54" W Over said land of the United States of America, a distance of two hundred and fifty-nine and seventy-two hundredths (259.72) feet to a point; thence, N 750-25'-50" E By the southerly sideline of said. Derby Street for the remaining courses, a distance of thirty-one and five hundredths (31.05) feet to a point; thence. N 790-00'-20" E A distance of fifteen and ninety-nine hundredths (15.99) feet to a point; thence, N 780-44'-40" E A distance of six and twenty hundredths (6.20) feet to a point; thence, N 770-53'-00" E A distance of forty-three and eighty-three hundredths (43.83) feet to a point; thence, N 740-03'-50" E A distance of seventeen and five hundredths (17.05) feet to a point; thence, N 78°-21'-10" E A distance of thirty and thirty-seven hundredths (30.37) feet to a point; thence, N 730-17'-00" E A distance of fifteen and nine hundredths (15.09) feet to a point; thence, N 710-17'-00" E A distance of nineteen and twenty-six hundredths (19.26) feet to the point of beginning. The above described parcel contains an area of 47,219± square feet of land and is more pafticularly shown on a plan entitfed "Activity and Use Limitation, Salem, Essex County. iviassachuset'ts as prepared by Bryant Associates, Inc, dated August 8, 2002 for the National Park Service", scale 1 inch = 40 feet, to be recorded: N cn 34.50' (DEED) (HELD) 0 11 N76-33710"E N76759'50"E _ DERBY (PUBLIC - VARIABLE V110111) 'I �: :. 1 4 4 '3 _ N75'54'21"E 50.00' o _ I� �` ki �ytirw �H � y .y}{7f ' ," `�r�r�y � 'ia �r 8imr� m0 I _ 11 O A cF ^�r A ��,v1 i r° 4 '� r'�fi;"M 'a& ` 9r ( +.r p d ,� ra r" MZ m z � z�z Z �t"jyp P � 'r41 r" �i U O D i^- v Y�+} r q°f �.'s`i'r k t ra"� ; k `k 4 ✓' , 12 ? O..W O D o N O m (nrl ! i yh A CSt# Y t 'M ew r }"Ng t e .o (.i �° k�' �'1!{� O A O . 11;st '� o W� �c m O m t � s ytaY� a� t'S';I ar !"r° d,r, gi %'.0- �,t ' f � 'f, �o o r�i0 +` o Cni, �>s CO A�� a tf yy �t�, yi ka. u�` �y�y`��tJf^ 8 r r v0 rTi zr�S e m �tIn 'fit f,Jl'4° Yir i t`V nr � rkd"'�'d.6r-Y'r .n mek�� < C b ew dl � Ca "1'l < _' R`t u: + ( Fa�u1 a� F j "+ $ i �O � fr� "r5�}�t � i4xdN t , p � FL Oiz ,mrpH�n J I' !`+�[ I °d�4�°r�.e}�i ki u4C'1��}9�l/C'aD/L��U.`r'4�!k��-+�$yfy((�Cy))l�}i`M�§..I�°1�sililrbyCl1+)',ahtlsl�it.lfals°lgt'}"y'S1 1irl�x���1,+,1k.t'44iYA^3'r°>'d4Irismg��(Srr��,-0r h'yr�'fWk.y1.✓{krL'4',Si�i lyycrry--r1v`r A9�p4y t\5!�r��JJk''�j°.e5yy�$ irr.t.,°� ��c,-o� Z O ?9'N.Z -� n$ L �+ m tig mom i _Z— K m - O Nv j-i CSM 7�is"9i bus i rlyY drvf�dlrrRd �" � i '� ,�"' (► M4' P$g� Am z O I � S,r w1 def tir r 4 h S d CAqj4S c��7�s. "�°� o �'�� �Y zz z 9 o rla � r �} 5•="��4 re 6 rr t ti a W o p � y1 �o pt ty aid �/ir � t�'f� 3 I r� 'd � � D r �s 1 � O ! a ^C W !/N f v iii F , ° +^�'yFy 9 "9I I�r°I"I `9 ro 5' a D C9 Ill O In- �y'i,.ti' irl s m x I I �'$ ��: dt +xAt rid (��+y� fi tuS u�'r^4Ii 1s,�' '(y S'df i Piz z > W 3 }' Ill _Z CI " f S t ( r s,ur ��Y�i 9�i u I O U .� A � c) x D I C. i p. k �� n G�Ir r E :��.�r 1^`°y rw�r-uY yj� 14�a%yi4 r3� �i� Gay's c,,w O@ I zQjti (D D W w c c y N .0 C I^`ikx i-1 i {"i1`arf� 10 ,m _I [n r l O '� ` +& n`1�tk °�+ r �� sa4 { g "' '�� k7� d�y " N�o wzs ri. N Z f1l y I r n °x �.f i d �''`� !r+ 1�','dt y d ti r air �9r 8 r"�, 0 �Z iv vi v 1 O Sm I'� ZI" �� rnYs Z O D V N O Ill C 2 NI > T O A Z � 1l '0 62'ioos w .�'�• � ��7 46.73• C -- MM ro O I 46.78R3 Zi r...,.�,..,.m... ,r,m,..�m�._,m..,..,.,....,.,.,.�.s.�� S81'39'18"W EXHIBIT B ACTIVITY AND USE LI_MITATION OPINION Salem Maritime National iii$tcric Site 173 Derby Street Salem, Massachusetts RTN 3-12889 In accordance with 310 CMR 40,1056(2)(g) and 40,1074, this document Activity and Use Limitation Opin on(AUL Opinion)for the Salem Mconstitutes an arit me National Historic Site Property at 173 Derby Street, Salem, Massachusetts, DEP Release Tracking No (RTN) 3-12889, This AUL Or, ion is subriitted ii support of a Class B-2 Response Acticn Outcome Statement (Rap dated q, T r ) gust 25, 1997 and associated DEP Po_rrn 1 t 070 "Not;ce iv -qSaci L' > 1.011iL1n �Jrlc. 1 i n yr l W 3 3 Q-- �- cIl�c� an. F� __��i�V ann :Se T,� 1pmaon to ai _; a P O� 1Jrise >'.'a?:_ is acv"^ a �O 3 - g __ - - t . �- p1 n _0JO :,1.J paraa ani, r�teta.S Eau poly aromatic hydrocarbons were detectea W ilII I_h_E 1t and na}Sal SO 1S at t e 173 Derby Street property, in Salem, Massaclruse<<s. No releases of contamin environment have been identified that mants to the ay be the source f th contaminants detected n the fill and natural soils. The Activity othe inorganic and organic and Use Limitation pe a ns to a portion of the property as described in Exhibit A. ACTM FY USE LIMITATION RTN 3-12889 Paoe 2 Basis of Activit, and Use Limitation Varying concentrations of inorganic and organic contaminants were detected in the fill and natural soils across the site. Because of the distribution across the site, the contaminants are believed to have been present in miscellaneous materials contained in the fill when deposited and the result of releases from the site eighteenth century, dating back to the Goff-Chem, Inc; conducted a Method 3 Site-Specific Risk Characterization for the cortaininants at file site in accordance with the requirements set forth in 37.0 CTAP, 40,0992 of the revised Massachusetts Contingency Plan (\MCP). Ma site d La;S n u - - _ and r G t1S i0t :1 S L l-mainthe 7n Clla ._t."� i' le-IP P ., S '1 Based `11Ei__ulc o V v.. cl .L.0 ;S ! soli and a;fr ..pt -iCn n .ale 4 _ a Ci _ c. atm �! c ,. - 2 ,�. Ml -a. 1 as ' u m�al Site and (+ j ft".. . -. .,. ' v „ i and I/ JNe-i ,011 s'and . S enl' r o �'lP ldiZ hrJ. I r�_, an ,l� u dace C,0, t tJw 2 nd S- w sr 1 s'zncards, are pot e,.ia11v accessible Therefore' uses which fall into category S_t sucn as l�siden*.;al use, vegetable garde,-1s, areas where a child's frequency or intensity playground or school), or where adults 'frem ency and inters of tuse is considered high (dinging or recreations sports on a eontinuin,> Y cf rise is considered high consideration of risk. o basis) are prohibited without further Permitted Uses Permitted uses include: Use of the site in its current or similar state (vacant landscaped lot); Non-residentiai uses, including but not limited to a public throughway that do not result in human exposure to subsurface soil-borne contaminants and/or groundwater, Any other activities and uses which effectively limit theiddren on a use of the Property by d frequent basis or access to soils within three feet of the surface; Short-term intrusive ACTIVITY USE LIMITATION RTN 3-123$9 Page 3 activities limited to construction excavations and/or utility maintenance work by workers with appropriate OSHA training; and Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph. Obligations The focus of future obligations to maintain a level of No Significant Risk should be directed toward maintaining the site with landscape treatments. Obligation and conditions necessary to maintain a level of no sianiiicantt risk include the following: l 1 JVld _ 1 nqm oj lards",reed areas. sin171ai to existing conditions. to lin]lt hL771 all Ypr�Screc.C,.sS i0 U:.tlat:v;2'= o S^� on :n?.. health and c• n Jy. L. -_.i_I �.) '� a•I� __ G!a - ; nC P. Lj ZI w1__J.gi1[t�11e The Activity and Use Limitation Opiniojl presented h-,-gin ias prepared Signature Seal Date: August 23 , 1997 License Number: r 4414 SEP-03-02 'TUE 03 24 PM FIX NO n P. 'J 2 ' Lit i[e>;pands to_�u�ttf iv [tiS. 320 by 20,14. '.It's not magic,"she said,'It's ! [raking the phone calls that nerd to ee inide and following-Ip." Legal Notice a.., m;9 AMENDMENT AND :o,;JA <. ' j j ..,-yi "rj J i" NOTICE OF�AlON OF A x�.- i �ti,ff CTIVITY ddy$ '�yl u •:a: aJ t:�iJ ",A AND USE LIMITATION Property located at 173 Derby +3" turns sweets Sn'ect, owned bydie National Park l Service, Salem Maritime National ( - Historic Site,is subject to art Amend- cleat s gets chilly. After summers of work in his glorious .AC ivity and Use Limitation.eThof e Massachusetts Department of Envf- ;chef of the fvlyopia Hunt Club -- k ronmental Protection has assigned known in these Release g7aeking Number 3.128e9. An Arre:tdmeut and ratification was recorded in response to an audit,The c0naol,tl- l- °s'forrns the kitchen of his Beverly home into a adequateecdelineation"Oviewnof the bound.e aries along with a 'metes and bounds'- dcscripdon of Lhe disposal CYlOcplate factory. Using only the .WOrldrS site area.The Amendment andRmi- ticadon modified a Notice of Activity and Use limitation riled on Septcm- e -t i e e. ber 11, 1997.The document is record- 1[nti.s rlar.__s i._n cs, he �r�- ( ^d a• creates ari.fJ CFI;. an � = :he%sse:. County Registry o: Dcccs in Bouk 19130,Page 1.fat:ur- the,- 1nfi>rmation- contact SLce SUf'i:Pi"7e[`it Of mouth-watering chocolate K c: esselmart.Superintendent. Salem Maritime National Iiistarle Site, lit Derry Si wet,MA 019;0?7a-7401U& IIkFBpniumir! and donates the proceeds to chars- Lexal Nott_r., 'f�3 F' YPS-tD mer. G LIE FAR nl ,2�1q_r e:-' -,.i Y4 �'a qr• ; :mss .,n 'moi+ i ^1 -ilta �a c.i? 'u h nmo2on Steel, .3rd i 3rr•1 esryL r~°Tr l �n �a r.�- t - reS-lern, ;L4 oI970:or or Uefore to-10:00 o0 ._ lr•-� `' i,anc outCi�f",irli E,nil',r Sep; mbe, 11, 200' at -. wore 'Itne and place they will be rub'.u:Iv _ aria rea4 inr to 10110 1 . +r P :i"a `_ski=.'m ieV'1!C a'! P+ {'fPF re'�•4`:a,9 O f-l . cn (1)Ride On Rol.n Muw r = _. 1` fa*.ne Cemewry^erarttne , .The Bid awatd is made by v1^_Pur- cbasrng Agent and is subjoct to May- %" oral approvai. The City of Salem ,. ^•series the ry_t' to reject a- and all bids or to waive any infoanalities in �.np- �• y I the Bid p±vccss,if deemed in Lhe City's .. HESALEMNEwN Bid Documents tions, Requifs containing Conifi- cations, Requirements, and Confll- f g I 0 O N 'e C O M P A N Y tions will be available upon,request effer 2.00 P,M,on September d,2002, a',the Office of the City Pmchas!ng YI .l�.liflYf:;;1S at 973- Agent,I20 Washington Street, and 922-12.34. floor,Salem.MA. - Office Hours; Mon.,Tufts.,Wed..Fri. 8:00 A.M.-1-00 Y.M. Thal s.8:00 A.M:7:00 P.M. Aib[rt C.lull,Jr. - i'sschasir. Agent (ai39,s z> 09/03/02 TUE 03:13 [TS/RY NO 93631 [73002 { GOFF-CHEM, INC. 18 Powers Fm Road,RmdolpK MA 02366 Tel:(978)7962205 P.O.Box 252,Randolph;MA 02368 Fax:(978)7963133 ENVIRONMENTAL CHEMISTRY AND ENGINEERING August 27, 2002 Building Code Enforcement Officer City of Salem 93 Washington Street Salem, MA 01970 RE: Amendment and Ratification of Notice of Activity and Use Limitation Attention: Property located at 173 Derby Street, owned by the National Park Service, Salem Maritime National Historic Site, is subject to an Amendment and Ratification of Notice of Activity and Use Limitation. The Massachusetts Department of Environmental Protection has assigned Release Tracking Number 3-12889. An Amendment and ratification was recorded in response to an audit. The compliance review required a more adequate delineation of the boundaries along with a "metes and bounds" description of the disposal site area. The Amendment and Ratification modified a Notice of Activity and Use Limitation filed on September 11, 1997. The document is recorded at the Essex County Registry of Deeds in Book 19130, Page 1. For further information contact Steve Kesselman, Superintendent, Salem Maritime National Historic Site, 174 Derby Street, MA 01970, 978-740-1680. Sincerely, e ' n`F Goff President cc: Steven Kesselman, Superintendent Salem Maritime NHS Illlllllillllllllllllllllllllllllillllllllllll 2002082700418 Bk:lmo Pg:l 08/27/2002 11:48:00 OTHER :g lite AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE I I IITATION I � WITNESSETH: This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and I Ratification") is made as of this,°aday of Department of the interior, National park Service, al Sin MaritimebNational y the Histor ed States of 174 Derby Street, Salem,MA 01970,together with its successors and assigns(collectively "Owner"), WITNESSETH: WHEREAS, Owner is the owner in fee simple of a County,Massachusetts ("Property"), pursuant to a plan recorcertain parcel of land located in Salem, Essex in Plan Book C ' Plan ded with the Essex County Registry of Deeds WHEREAS, the Property release comprises a disposal site, or part of a disposal site, as the result of a Disposal oil and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Site in accordance with M.G.L. c.21E ("Chapter 210") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("the MCP"). Said response actions are based upon (a) the restriction of human access and contact with oil and/or hazardous material in certain aCflv _soil and/or groundwater, and/or (b) the restriction of CeAies Occurring in on, thranah, 0"er Cr slider 110 Property th Or a portion eGf it e De p est of Environmental Protection has identified the Disposal Site as Release Tracking Number3-12889; 'YW EREAS, On September 11, 1997, United States of America. Department of the Interior, National Park Service, Salem Maritime National Historic Site recorded a Notice of Activity and Use Limitation Mth the Essex County Registry of Deeds it,Book 14,13,Pa=e 1 affecting !n7IIi uu0n on a portion of t e o 02a ;., _a _ L a f. ("the Oranai Ars t 0, le n 'T r -o- e rima uUu ., ''" 1 J�are..`1tis Ameud-r nt nd R t r overly affected by the COndli 0 15 _ 4ti �� ,that mi b-, _ `td iTh Cr aand aar_nes m)Iia 'O `v and ".r k u ni do- to pote ti i, exOGsure to residual ellraial - oubil, vita e omaminat+on c _cr lou v-,,ng an..e conamon or o e r gm ' t "— No Sign ficant Risk is maintain d at the Disposal Site. '✓` " 'it`e teat a WHEREAS the basis Of the Onainal AIR, an.d - Use:.11 MatiOn vTinlon prepared by a Licensed Site Profession; and atta hPd to ,tie Gri 2inal A,Ir_ Ly NOW, THEREFORE, Owner hereby amends the Ori;nal AUL as-follows: AUL Area I'he AUL Area is bounded and described in Exhibit A, attached hereto and made a part hereof. Exhibit A replaces and supercedes any description(s) of the AUL Area contained or referenced in the Original AUL. The AUL Area is shown on a survev plan attached hereto and filed herewith .for. registration. Said plan replaces and supercedes any plan of the AUL Area contained or referenced in the Original AUL, j AUL Ooinion The basis of the Original AUL, as amended herein. is an Activity and Use Limitation Opinion ("AUL Opinion"), prepared by a Licensed Site Professional and attached hereto as Exhibit B. Said AUL Opinion replaces and supercedes any AUL Original AUL. , Opinion contained or referenced in the F4RC-4NAL R.EFE?NCE RECJ��,O I' I �3 3 -- Except as expressly amended herein, the Original AUL is hereby ratified and cormed. Owner authorizes.and consents to the recordation and/or registration of this Amendment, which shall be deemed to be effective as of the date the Original AUL was recorded and/or registered. WITNESS the execution hereof under seal this 24 day of August 2002. �•-- Pc4iagg Re o al Director National Park Service [COMMONWEALTH OF MASSACHUSETTS] FFn�(c ss Coo 4 Fy fA15Y 2,6 2002 ,. U Then personally appeared the abbve-named C�y jcnclra jy, the foregoing nstrument to be[his][her] free act and deed before ma, and acknowledged otary Public: My Commission Expires: lVevs 6eber G 2063 i I I, I I The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the Original AUL as amended herein, are consistent with the AUL Opinion attached to the Original AUL hereto as Exhibit B,and are approp i tetaW ntain a condition of No Significant Risk at the Disposal Site. a ab b pis Date: C oIG � [LSP SEAL] : p ? , Craig E. Sa ders U t10- 4414 C)/ [COMMONWEALTH OF MASSACHUSETTS] ss 2002 Then personally appeared flee above-named � the foregoing instrument to be!its free act and deed before me. rte t ( �a d acknowledged o�ary Public: - ��^ummission Expires: _ata r+?,9.,Bsrv:r i�..Fr.. �.tiE :stFyZ, Ignited States-of Am-M-1-ca "Iational Paa-Service ,4 Doth',ctre t So' air.; MA 0i97i) I EXHIBIT A Activity and Use Limitation Parcel A parcel within land now or formerly of the United States of America, bounded and described as follows: Beginning at a point, said point being at the northeasterly corner of the herein described parcel on the southerly sideline of Derby Street; thence, S 060-56'-30" E By land now or formerly of Paul Nathan (et alia), a distance of thirty- one and thirty-six hundredths (31.36) feet to a point; thence, S 07°-11'-00" E By land now or formerly of Paul Nathan (et alia), land now or formerly of Richard Krom (et ux), and land now or formerly of Michael and Yulia Nemirovsky, a distance of eighty-eight and eighty-four hundredths (88.84) feet to a point; thence, S 060-26-50" E By land now or formerly of Michael and Yulia Nemirovsky, a distance of twenty-three and fifty-one hundredths (23.51) feet to a point; thence, S 070-19'-10" E B T_ f }i fe`v ems.yu rs.. i.� ,e�iv n` .(ie r�l'�I-^„., vM1f2e�• n. ..- , "r ,••"• •Y = ueui cia'iii i`7J vij1 .s��- io a no .Y n ..�•' .� ..., u net n0Y o 1 1 l6ier,y ffS `L..arr?er�?` OL:Ee a distance s EStchi�-e '`T lnlf!V-Iltne Rout",-F, S 070-15'-30" E By land now or formerly of Jay Chapin, a distance of forty and eight/- four hundredths (40.84) feet to a point; thence. ;=3d Eaiiu ii Lac aiii ie�.! ;�Ia`leS G America, c distance 6f one hundred and seventy-six and two hundredths (176.02) feet to a point; thence, N 070.-49'-54" W Over said land of the United States of America, a distance of two hundred and fifty-nine and seventy-two hundredths (259.72) feet to a point; thence, N 750-25'-50" E By the southerly sideline of said Derby Street for the remaining courses, a distance of thirty-one and five hundredths (31.05) feet to a point; thence. N 790-00'-20" E A distance of fifteen and ninety-nine hundredths (15.99) feet to a point; thence, N 780-44'-40" E A distance of six and twenty hundredths (6.20) feet to a point; thence, N 770-53'-00" E A distance of forty-three and eighty-three hundredths (43.83) feet to a point; thence, N 740-03'-50" E A distance of seventeen and five hundredths (17.05) feet to a point; thence, N 780-21'-10" E A distance of thirty and thirty-seven hundredths (30.37) feet to a point; thence, N 730-17'-00" E A distance of fifteen and nine hundredths (15.09) feet to a point; thence, N 710-17'-00" E A distance of nineteen and twenty-six hundredths (19.26) feet to the point of beginning. The above described parcel contains an area of 47,219± square feet of land and is more pafticularly shown on a plan entified "Activityand Use Limitation, Salem, Essex County. Massachusetts as prepared by Bryant Associates, Inc, dated August 8, 2002 for the National Park Service", scale 1 inch = 40 feet, to be recorded. 2, N cn 34.50' (DEED) (HELD) C'i7^ 33'10"E N76'59'50°E _ DERBY (PUBLIC — VARIABLE v11DTH) �;,)'r��.�:�.� 1 _ N76' 4 4 '3 �. N75'S4'21"E N73'32 43 E 50.00' ' m0 0 II ND d H _ s- q6 a 4 w> n ^ o w a om { ~ li�a8 ° kr n ' d{�"j% f� ��y4 y y 3 �f u s (n � O >^' 0 A W 'Tl O mrn > .� (q fyre xJi 1 Jsx rWis 1}I Vxr; it ��.bkA S�?�`.4w}r m�k;;x U r �r n 1 -•� p W OC m m 0 m •�Z 7-1 Say > U)il nCl) r,i� arI r7 �y'ak irRf#Yr. hk'a a1�uelr i 'es°7h6 �Kt- ai ,a.� 2 io �.. m o zrrjS a m 9(n ns, err r5. �7o cO ) K aro-? r � ... 3 _ us z �o �y`,rl sl f I e.Gr�w r� Iq^r'wr�w, xSu+eM4A Vf y � 1 �rq A nr '�F�ir"Jf A 5�i ti O. oILI o <pVJ �Sa pS,Jyirar+a 4�g rddnYs rtl ius` ' l ''4R'4,;51y'T wl +� � rn oa roo y Z-r I ('9 rUti' s,� i vn OI,r�C1nr , s 1 NU 3 Uyr�' J I Jn 1 qw n j ry 2 A > mgrl r fora x ¢ �aa'salp a oC ro� �m Vn 4rCT� FU,y1 K',�UI?rr ii�f.-'i 4$ E' 1zQy* rRgl�¢i'YF"rhyu". 1P1'; '�.hi '����" _ _0 Ru Yi rr s !A TNa 45 � 09 n <� sr Mli nirt�.vri#91 irifi� Cssi 1 xr4�,nG r? 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S81'39'18"W EXIIBiT B ACTIVITY AND USE LIMITATION OpIMON Salem MX-4 National i v: t., • c:« u..�u�.,,. a�.,,..a�..�s�„nc �,�e 173 Derby Street Salem, Massachusetts RTN 3-12889 In accordance with 310 CMR 40,1056(2)(8) and 40,1074, this document constitutes an Activity and Use Limitation Opinion(AUT Opinion) for the Salem Maritime National Historic Site Property at 173 Derby Street, Salem, Massachusetts, DEP Release Tracking No (RTN) 3-12889, This AUL Opi-lion is subr„itted in suppo, of a Class B-2 Response Acticn Outcome Statement(RZaO} dated 4ugu t 25, 1997 and associated DEP Form, 1075, r*otice cf-AIc- y..' rr T ..,v cmtaiJ mass Ny ti` L.O:lti. n.,v Plan C'l �ynl �c a� . C.. lTy ann _JU7 ; vJ. ni -;8 a'i on Opin o--n tJ i ass t; F4 ^.(` `f l• r Gee f� `1 .,)e Tli}•. =�v1tta s and poly a'01ziatiC hydrocarbons vwe detcCted wiT'71n file fill and natural SOUS at the 173 Derby Street properiy, in Salem, MassachasatLs. No releases 01 contarrnants to Elieenvironment have been identiued that rnay be the source of the inorganic and organic contaminants detected in the fill a-lid natural soils. The Activity and Use Limitation pertns to a portion of the property as described in Exhibit A. ACTi'vl"iY uSF LIMITATION RTN 3-12889 Pane 2 Basis of Activity and Use Limitation Varying concentrations of inorganic and organic contaminants were detected in the fill and natural soils across the site. Because of the distribution across the site, the contaminants are believed to have been present in miscellaneous materials contained in the Fill when deposited and the result of releases from the site dating back to the eighteenth century. Goff Chem, Inc. conducted a Method 3 Site-Specific Risk Characterization for the aoniaminauts at the site in accordancea;ith the requiremenis set forth in 310 40,0992 of the revises[ Massachusetts Coi2tinoencv Plan (MCP)' Ci. R,? t h S.to 1, -curr-nil", ,eet uu Del", ��l , I - -� - ST - }, LI L ,7s ,Ot J7 - �� C, �,� ci-n ] ii „ s i-aS i o❑ tj, 7e C _� v i - eve oFc fan-- n v7 wii(C c. :� c. ,S J�11 ai' tQu ,w� t ,' ihP C � ,.pd ,1 rt q, to ut c2.., an -� r u- - „e Ilf - ) 1. .'lr f , i and f,i girl oi, the Mitthod ".xi i ace accessible. Therefore, us, are which 3 sod stundla,ns Fall into cafe° po-e: -laky �ery S-j such as residential use, vegetable ;aretens, areas where a Childs frequency or intensity of use is considered high (playground of school), or Where adults ' frequency an (diggng or recrd intensity of use is considered high eations sports on a continuing basis) are prohibited without further consideration of risk. Permitted Use Permitted uses include: Use of the site it, its current or similar state (vacant landscaped lot); Non-residential uses, including but not limited to a public t result in human exposuhroughway that do not re to subsurface soil-borne contaminants and./or groundwater; Any Other activities and uses which effectively limit the use of the property by children on a frequent basis or access to soils a>itltin three feet of the surface; Short-term intrusive ACTIVITY USB LIMITATION RTN 3-12389Page 3 activities limited to construction excavations and/or utility maintenance work by workers with appropriate OSHA training; and Such other activities or uses which, in the Opinion OF an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph. Obligations The focus of future obligations to maintain a level of No Significant Risk should be directed toward maintaining the site with landscape treatments. Obligation and conditions necessary to maintain a level of no significant risk include the following: I 1 Maintenance of landscaped areas, similar to e;ii5tlllo cor:diti i0 1:1 if r,an eXpOSP.re,.._.,es5 Li _..)11 eY i_�Vtannd co health and - C t,Jh' b;giiailre The Activity and Use Limitation n i75ion re ger Pra P p sent._ 1 h. in 171as prepared Cert e ! Signature Seal: . Date: August 23 , 1997 License Number: 4 4414 SEP-03-02 TUE 03:24 PN c , P 02 vim 320 by 2004'h nmic,"she said, "it's malting Cite p}lo1;e calls that need to betnode ,at „t d foiloulllr .ip."Legal Notice AMENDMENTAND 1tATTPICATION OL'' �:m' NOTTCEOFFAL'TIV['Cy AND USE LllYIITATION �.n: ,,,,,,+`- ' . ✓' Cl'l f r,� J:, ,<'.iM Property located at 173 Derby l ' '� `=`f` f'•ti` 'd+ turns Sweets Saoet, owned by the National Park ! - Sel'V1ce, Salem Maritime National s! Rlstorle Site,is subject to an Amend- gets chilly. After summers of work in h!s glorious 1t•I t an vbfy and Use tionJAmof oncen. o Massachusetts Department of En i- !chef of ronmental Protection has assigned yo is Hunt Club — known in these Release'rraekingNumber 3-12029. An Amendment and ratification was _ recorded in response to an audit.The tr<nslOrnls the kitchen of his Beverly compliance ITvlew required a more home into a adequate delineation of the bound• aries along with a ..metes and he description of the disposal CY1000lnt2 factory. Using only nworld's sitearea.TheAtaendmentandRati- Y t he fl=ionmodifiedalloticeofAcdvity - r' and Use limitation filed on Septem- ��rxr'- j e` i i, � her 11, 1997.The documeni is,—cord-ng1- _ �iE'n,.5, !?2 crates ar5t Se}is in ^d a:the Esse:; CountyR—isttyo: Deeds in Book 19130,Page 7.F01:or- cher larormation contact Steve SOC' nlCf'tt of mouth-watering chocolate nesselinar Superintendoni, Salem Maritime National FDstoYe Site,174 y� 7 Dray Sheet,NlA 01970,97&71(,Icm. treats C," 3 — and Benjmrdn..F_;y�r, donates the proceeds ` ch not _.. °n0 cj,f c� Cs ,., .. .- , >_ )-< 'id _....ill oe rceetvr�at re rel c 0 K ntnctan Srmlr rd fluor fo le n O, Leo o �,l rs. ' Jaipn' �L.01970; 0 or Uetoro 10'00 - _ _> F£3�ii: M— :ut cornmunil- a TM., Sea -nbc-r 17 200- a"'which ',me aed placethey well be publuly 1p yj.o mid-nd roT fn :t Ii,- Salmi Nei,?,is a b?-+Ter ,rem Ori i0 .c! ;rs: ! (1)Ride On Rotn Mower _ . for=ic ce;nc!e, D;am=,ani he Aid award L made by rile Pur- f; Agent and is subject to May- Oral approval. The City of Salem 'Nerves the r glif to eject mlv and all bins or to waive any iniormallties in t the Bid arucess.if deemed in the Ci L . i ISAYE1�7NEW �'s S best E2t Bid con[ainirg Specifi- cations, Requirements, mud Condl- < - A G L E - 1' R III U N 2C i Otions will he available upon request MP A N Y n8er2;00 P.M.on September d,2002, A -/r� at the Office of the City Pulcbasing I't 11.T1(lll::ilS 21.t J( U-9 `2,_1 cI��, Agent, 120 Washington Street, 3rd <.,., floor,Salem.MA, f Office Hours:' Mon.,Tufts.,Wed.,Fri. .t•- .. --- _ 8:00 A.M.-1'00 P.M. The;;'.8:00 A.b",.-7:00 P.bi. Albert C.Bill:Jr. fw'chasi,_-Agent 09/03/02 TLiE 07:13 [TX/RX NO 93631 [71002