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6 GALLOWS CIRCLE - BUILDING INSPECTION 6 Gallows Cir. -- 1 i CITY OF'SALEM MONTH DAV YEAR TIME COMROL NO 15 f150P ao7g ,� LOCATION NAME OF OFFENDER ADDRESS STATE ZIP L b0 $ (')j-(I e M9 1 hereby acknowledge receipt of the foregoing citation X ,.��rr Date: [q,,f!Unable to obtainsignature of offen� [1)4bate,Mailed � Y I Posting Advertisements,Notices on City Property . SCO 4-2 1I, ] ]Illegal Signs - A,Uiolabon of State,Building Code SCO 4-39 and 447 �' `SCO 12-1 _ .� ] I Removal ofUnsightly Conditions [ }.Violation of BOCA Nat.Fire Pree Code N. SCO 12-56 SCO 20-1I'T:' I ]Keeping of Trailers,Comm.and Rec.Vehicles,etc. SCD 24-21.1 I ]Removal of Snow/Ice from Sidewalks r00 BCD 38-13 and 38-14 V J I ]Zoning Ordinance SZO§ [ ]Other Citation: A ' Signature of Enforcing Person 1!/LV_ V Department J V�'�Wl� f ��// Amount of Fine: [ ]Warning [ ]$25.00 . 4[x;$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 [ ]Other You have the following alternatives in this matter within 21 days of the date of this notice: I ]choose to pay the fine within 21 days of the date of his notice. Enclose a check or money order payable to the Ciry of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970.If delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m. [ ]choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL Salem Police Department 9787445325 PA 04/08/15 08:03 SALEM POLICE DEPARTMENT PAGE: 1 v5.5p INCIDENT REPORT TTYP21 -55 shift: C date: 04/03/15 FRIDAY crg/1st ********** C 142 DISTURBANCE-FIGHT **rcv*clr* 19:04 * 6 GALLOWS CL SAL 142 192 *ibr: 1f 91W 755197 * FIGHT IN HOUSE 41 * ID `# : 5439 509-55 Invo: BEAULIEU, "BRIAN - - 05/19/51 [_.GALLOWS CR SALEM,MA 01970 Invo: GRAHAM, ROBERT F 16/12/79 53 BELLEVIEW ,AV SALEM,MA 0197Q call-back# (617) 593-0887 23 SAL P PTL D SEARS ' 509-509 'r>' 19:04 d> 19:04 a> 19: 06 c> 19:16 k> h> 24 SAL P OFF LUTI 509-509 r> 19:04 d> 19:04 a> 19: 06 c> 19d16., k> h> *** COMMENTS *** 24 SAL 19:04 :36 CD-142-FIGHT IN HOUSE 509- 23 SAL 19:06:26 ARRIVED 509- 24 SAL 19:06:42 ARRIVED 509- 24 SAL 19: 16: 54 CLEAR. - REPORT TAKEN. 509- 24 SAL ON 4/3/15 24 'AND 23 CARS WERE DISPATCHED TO 6 GALLOWS 174- 24 SAL CIRCLE FOR A FIGHT IN THE HOUSE. UPON ARRIVAL I $POKE WITH 1'74- 24 SAL BRIAN BEAULIEU WHILE OFC SERAS WENT AND SPOKE WITH- ROBERT 1'74- 24 SAL GRAHAM. BEAULIEU RELATED THAT IT WAS A VERBAL ARGUMENT ONLY 174 24 SAL ABOUT WHEN GRAHAM WAS GOING TO MOVE OUT, ACCORDING TO 174- 24 SAL BEAULIEU GRAHAM WAS SUPPOSED TO MOVE OUT :TODAY. I; ADVISED 174- 24 SAL BEAULIEU THAT HAVING A TENANT IS A CIVIL'MATTER WHICH HE 174- 24 SAL RELATED HE UNDERSTOOD. I ADVISED BEAULIEU �T,O SEEK AN 174- 24 SAL EVICTION NOTICE IF GRAHAME DOES NOT MOVE OUT. OFC SEARS 174- 24 SAL RELATED THAT GRAHAMS STATED IT WAS VERBAL ONLY. GRAHAM 174- 24 SAL RELATED THAT BEAULIEU CAME DOWN AND ADVISED THEM THAT THEY 174- 24 SAI, HAD TO MOVE OUT BECAUSE THEY WERE GOING TO RENT THE 174- 24 SAL DOWNSTAIRS TO ANOTHER PARTY. ALL PARTIES WERE ADVSIED TO 174- 24 SAL STAY AWAY FROM EACH OTHER , THEY AGREED," CLEAR. 174- officer' s signature a date - C�itU of �'ajem, .4Httjjsttr4UsCtt5 Pubiic PrnpertU Department - Nuiibing Department (One j#atem Green 598.745-9595 Ext. 3813 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 13 , 1996 Mr. Jeton Hoxha Soula 6 Gallows Circle Salem, Mass . 01970 RE: 6 Gallows Circle Dear Mr. Soula: Thank you very much for your response to the letter dated on April 19, 1996 regarding the above mentioned property. An inspection was conducted and found all violations corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerely, C14U Leo E . Tremblay Inspector of Building LET: scm cc: David Shea Jane Guy Health Department Councillor O' Leary, Ward 4 Tito of 3ttlem, ,Attssac4usetts Public Propertp Department ♦ - J Nudbing Department (One #z lem Green 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property April 19, 1996 Inspector of Building Zoning Enforcement Officer f Mr. Jeton Hoxha Soula 6 Gallows Circle Salem, Ma 01970 RE: 6 Gallows Circle Dear Mr. Soula: On April 11, 1996, I conducted a follow-up inspection of the above mentioned property and found that the kitchen equipment has not been removed, per this department's request on March 26, 1996. This department is alllowing you an additional five (5) days from the time you receive this letter to remove said equipment. Failure to do so will result in legal action being taken against you in Salem District Court. Please call upon receipt of this letter to inform us as of your course of action in this matter. Sincerely, Leo E. Tremblay Inspector of BuilZlngs LET: jmc cc: /David Shea -Tom Keough �kealth Dept. Councillor O'Leary Certified Mail #P 921 991 908 C it of *atom, ittttttttc u Ott r Public propertg Bepurtment Nuiibing Department lone $atrm (6reen 508-745-9595 Fxt. 388 Leo E. Tremblay Director of Public Property April 19, 1996 Inspector of Building Zoning Enforcement Officer Mr. Jeton Hoxha Soula 6 Gallows Circle Salem, Ma 01970 RE: 6 Gallows Circle Dear Mr. Soula: On April 11, 1996, 1 conducted a follow-up inspection of the above mentioned property and found that the kitchen equipment has not been removed, per this department's request on March 26, 1996. This department is alllowing you an additional five (5) days from the time you receive this letter to remove said equipment. Failure to do so will result in legal action being taken against you in Salem District Court. Please call upon receipt of this letter to inform us as of your course of action in this matter. Sincerely, Leo E. Tremblay Inspector of Builifings LET: jmc cc: David Shea Tom Keough Health Dept. Councillor O'Leary Certified Mail #P 921 991 908 ARTICLE P 921 991 908 UNE I- Mr. Jeton Hoxha Souls NUMBER 6 Gallows Circle Salem, MA 01970 FOLD AT PERFORATION t �„ WALZ - INSERT IN STANDARD#10 WINDOW ENVELOPE. / E E R I I.F I E 0 M A I L E R PasT^GE PASTMAAK OA RATE ';,. o LREURN SHOW TO WHOM DATE ANO RESTRICTED EIPT ADDRESS OF OEUVERY DELIVERYO CERTIFIED FEE+RETURN RECEIPTVICE W N TOTAL POSTAGE AND FEES >Z W O C� NO INSURANCE ROVIOEO— W 0+ JEI M 1 TO; NOT FOR INTERNATIONAL MAIL LLO Q O Z Mr. Jeton Roxha Soula Q B Gallows Circle Salem, Mdi 01970 �o W� U � W PS FORM 3800 z RECEIPT FOR CERTIFIED MAIL t � uwressmEs wsmE SVm CE — — _ _ n o . ____ -- —____- __ .___—_.—_____ 4 i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carder(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space 1 permits.Otherwise,affix ro back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. k t United States Postal Service om Official Business L TS MAIL-A PENALTY FOR PRIVATE USE,$300 INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SENDER: (also wish to receive the • Cortp@te dame i andlor 2 for additional serews. • Complete items 3,and as s o, following services(for an extra fee): • Print your name and add...on the hwerse of this form so that we Can return this card a yo„_ t. ❑ Addressee's Address • Atife" this n Re 1.ei the que e (o the niece,rn on the back if space does not q;rmii. • write"Return Receipt Requested i on the the Siena below the article number. 2. ❑ Restricted t Delivery f • The Return Receipt FOB will pmwtle you the signature of the Gerson delivered to and the ('i00sUlt postmaster for fee. date ti tl'tliAddressed _ 3.Article to: 4a.Article Number f^x. .trrnn t^c�xh.x Soulia P 921 991 908 G:t2 it7s+rfl (�jrux„ Ab.Service Type S;ticry, XA OLS70 � CERTIFIED 7..Date of Delivery 5.Signature—(Addressee) f;q C,R&&Addressee's Address -(ONLY it requested and fee paid.) 6.Signature—(Agent) ,�-- PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT y. . i CITY OF SALEM, MASSACHUSETTS { PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 ! STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 i MAYOR FAX: 978-740-9846 i I i 6 , I June 6, 2005 i Ms. Lynn G. Duncan, AICP, Director City of Salem Department of Planning & Community Development 120 Washington Street Salem, MA 01970 { Dear Ms. Duncan: As you know,I have been working with the owners of 6 Gallows Circle o the issue of their unsafe retaining wall at the rear of their property. On April owner a letter declaring the wall an unsafe structure as defined in State Building Cade 780 CMR, Section 121.1. Please know that:his wall integral to the structure and should no action be taken to repair or replace the wall,the horde itself would suffer damage. As we have discussed, I recommend that the wall either be replaced or the land be stabilized and re-graded, per a civil engineered plan. If you have further questions, please contact me directly erely, � Thomas St. Pierre Building Commissioner I 14 BROWN STREET SALEM, MA 01970 TEL: (978) 744-4800 Orth Shore Survey TEL: (978) 281-8664 N Corporation FAX: (978)744-9188 REGISTERED PROFESSIONAL LAND SURVEYORS DATE 11/9/05 INVOICE #6446 JOB# 2502 BILL TO: Tom St. Pierre City Of Salem 120 Washington Street Salem, MA 01970 Survey services rendered for field locations of existing conditions of property at 6 Gallows Circle, Salem. Information provided to Patrowicz Engineering. TOTAL DUE $2,300.00 If you have any questions please call Terms-Payable upon receipt. Finance charge of I% per month or 12%per year on amounts due over 30 days. 12- 15-05 Zhu bi I h n 1 - I ?,- o6 8C blh --b6 4t�N In 3- 1-3-0(0S*VN follI 4- Ol0 toth bit I'th b t 11 h �� - r ` T SERVICES • Geotechnical • Environmental • Construction Monitoring • Materials Testing EASTERN,Inc. November 23, 2005 Mr. Tom St. Pierre City of Salem Building Department 120 Washington Street Salem, MA 01970 Advance Copy by Fax Re: Proposal for Geotechnical Engineering Services 6 Gallows Circle Salem, Massachusetts RFP No. 614-05 Dear Mr. St. Pierre: Following our recent discussion with Mr. Scott Patrowicz,we are pleased to present our proposal to provide geotechnical engineering design services for the above-referenced property. The purpose of our engineering services will be to review the existing soil slope and long-term repair alternatives, perform global stability analyses and provide design assistance. Provided herein are brief descriptions of the project as we understand it,our recommended scope of services and an estimated budget. BACKGROUND The project site is located at 6 Gallows Circle in Salem, Massachusetts. Specifically, the project involves a temporary soil slope located on the property. We understand the city of Salem Building Department has deemed an old timber retaining wall unsafe. After removal of the timber wall, the slope was subsequently steepened and now there is'concern for long-term slope stability. Presently, the slope's geometry is approximately 120 feet in length,with an incline ranging from approximately 2H to 1.5H:1 V. Presently, long-term repair alternatives being considered consist of redesigning a steepened slope or constructing a boulder wall at the toe with a flatter slope above the wall. We will be assisting Mr. Patrowicz in preparing retaining wall/slope design documents. SCOPE OF SERVICES Based on our understanding of the project, our scope of services will consist of the following: 1. Visit the site to review the slope failure and existing geometry. Practical, responsive solutions to our clients needs ❑77 Sundial Avenue,Suite 401W ❑114 Woodlawn Road O 15 Holly Street, Unit 105 Manchester, NH 03103 Berlin,CT 06037-1535 Scarborough,ME 04070 (605) 647-9700 Fax 647-4432 (860) 829-1725 Fax 829-1745 (207) 396-5374 Fax 396-5394 w Jgieastern.com Printed on 100%Recycled Paper Mr. Scott Patrowicz Page 2 November 23, 2005 2. Review proposed slope configurations and perform global stability analyses on a critical cross-section of the slope. In order to evaluate geometry,we will survey the slope to develop a typical profile during our site visit. Slope geometry from the survey and assumed soil parameters will be used to develop a computer model using the Geoslope Version 5.5 computer program. Limit-equilibrium method of slices and Modified Janbu wedge failure analyses will be performed to assess the factor of safety against slope failure under normal and seismic loading conditions. 3. Following global stability analyses, we will discuss slope or wall options with you and Mr. Patrowicz and assist with details in preparing Mr. Patrowicz's design documents. A summary letter will be prepared. PROJECT FEES We propose to complete the scope of services described above for a lump sum fee of$3,000. The cost of our services is based on our Rate Schedule included in the attached Terms and Conditions. We will initiate our services immediately upon your authorization to proceed. You may formally enter into an agreement with us to accomplish the above scope of services under the attached Terms and Conditions by signing and returning the entire accompanying copy of this document. We thank you for the opportunity to offer you our services. If you have questions,please contact either of the undersigned at our Manchester, New Hampshire office. Very truly yours, JG , C o r ueen Lawrence Av , Engine IV President /mm/614-05 cc: Mr. Scott Patrowicz, Patrowicz Land Development Engineering (Via fax: 978/745-5200) Attachment: Terms and Conditions Authorization Signature: Name and Address (if Different from Above): Date: JGI EASTERN,Inc.(JGI) TERMS AND CONDITIONS JANUARY 2005 AGREEMENT This AGREEMENT is made by and between JGI and DJKP, City of Salem, Massachusetts Building Department, herein after referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS,the attached PROPOSAL,and exhibits or attachments noted in the PROPOSAL. Together,the elements will constitute the entire AGREEMENT superceding prior negotiations,or correspondence(written or oral). Changes to the AGREEMENT must be mutually agreed to in writing. CERTIFICATION JGI may employ certain observations or sampling/testing procedures in performing services. CLIENT understands that such procedures indicate actual conditions at the precise locations and times where and when the procedures were performed. JGI shall make certain inferences based upon the information derived from the procedures in order to formulate a professional opinion of conditions in other areas. CLIENT recognizes that,despite proper observation and/or sampling/testing procedures,and despite proper interpretation of the findings,JGI will not be in a position to ensure the existence of conditions that JGI can only infer to exist. Because a professional certification that certain conditions exist,may be regarded by others as an assurance of such conditions'existence,CLIENT understands that it would be improper for JGI to certify the existence of such conditions.Accordingly,CLIENT shall not require JGI to sign a certification that would cause JGI to certify the existence of conditions whose existence JGI cannot ensure.In addition, CLIENT shall not make resolution of any dispute with JGI or payment due to JGI contingent upon JGI's willingness to certify. CODES AND STANDARDS JGI shall observe applicable federal,state,and local codes,standards,statutes,and regulations at the time JGI renders service. JGI shall assess the impact of changes to such code, standard, statute, or regulation and if, in JGI's professional opinion, the impact affects JGI's services, fees,expenses, or anticipated completion date a reasonable adjustment in schedule and compensation will be made in accordance with this AGREEMENT. COMPENSATION Fees for engineering services will be based upon the time worked on a given project and computed in accordance with the following Rate Schedule. Rate/Hour Principal, Senior Consultant $125 Senior Engineer/Senior Environmental Professional I—VI $95 to $120 Project Manager I—IV $75 to$90 Engineer/Environmental Professional I—IV $55 to$70 Field Engineer/Environmental Technician/Drafter $50 Word Processor/Administration $40 Transportation of personnel will be hourly in accordance with the above rate schedule. Mileage transportation of personnel to and from the project site will be charged at$039/mile,plus tolls. Duplication,lodging,meals and other Page 1 of 6 f direct expenditures related to a project will be billed at cost plus 15 percent. Contractors subcontracted by JGI on behalf of the client will be charged at cost plus 15 percent. CONSTRUCTION OBSERVATION CLIENT recognizes that unanticipated or changed conditions may be encountered during construction and, principally for this reason,CLIENT shall retain JGI to observe construction. CLIENT understands that construction observation is conducted to reduce,not eliminate,the risk of problems arising during construction,and that provision of the service does not create a warranty or guarantee of any type. Contractors shall retain responsibility for the quality and completeness of their work and for adhering to the plans,specifications,and recommendations on which their work is based. Should JGI not provide construction observation during the implementation of JGI's plans, specifications,and recommendations,or should CLIENT unduly restrict JGI's assignment of observation personnel, CLIENT shall,to the fullest extent permitted by law,waive claim against JGI, and indemnify,defend,and hold JGI harmless from any claim or liability for injury or loss arising from field problems allegedly caused by findings, conclusions,recommendations,plans, or specifications developed by JGI. CLIENT also shall compensate JGI for time spent or expenses incurred by JGI in defense of such claim in accordance with this AGREEMENT. CONTRACT RENEGOTIATION AND TERMINATION This contract includes a scope that delineates the services JGI has agreed to perform. CLIENT recognizes that JGI developed or agreed to this scope of services and fees through application of professional judgment, including consideration of subsurface materials likely to be encountered and the level of risk they impose. CLIENT therefore agrees that if unanticipated conditions or hazardous materials are encountered there may be a need to renegotiate the contract to which these terms apply. JGI agrees to renegotiate in good faith in an effort to continue to meet CLIENT's needs. If a renegotiated contract cannot be agreed to, however, CLIENT agrees that JGI has an absolute right to terminate the contact in accordance with the AGREEMENT. CLIENT or JGI may terminate this AGREEMENT. In the event such termination becomes necessary, the party effecting termination shall so notify the other party and termination will become effective 14 calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore,CLIENT shall,within 30 calendar days of termination,remunerate JGI for services rendered and costs incurred,in accordance with this AGREEMENT. CROSS-CONTAMINATION CLIENT must recognize that there is a risk that subsurface exploration through contaminated soils may contaminate certain other subsurface soils or rock, as a boring or probe moves through a contaminated area linking it to an uncontaminated area. In addition,sampling may result in unavoidable cross-contamination as when a probe or boring moves through a contaminated zone and links it to an aquifer, underground stream, or other hydrous body not previously contaminated. Because JGI is powerless to eliminate the risk despite use of due care, and because sampling is an essential element of JGI's services,CLIENT shall,to the fullest extent permitted by law,waive claim against JGI,and indemnify,defend,and hold JGI harmless from any claim or liability for injury or loss arising from cross-contamination allegedly caused by JGI's sampling. CLIENT shall also compensate JGI for time spent or expenses incurred by JGI in defense of such claim in accordance with this AGREEMENT. DELAYS In the event that JGI's field or technical work is interrupted due to causes beyond its control,JGI shall be compensated for the labor, equipment,and other costs JGI incurs in order to maintain its work force for CLIENT's benefit during the interruption, or, at CLIENT's option, the various costs JGI incurs for demobilization and subsequent remobilization. Compensation to JGI shall be in accordance with this AGREEMENT. Page 2 of 6 DISPUTE RESOLUTION All claims,disputes,or controversies arising out of,or in relation to the interpretation,application,or enforcement of this AGREEMENT shall first be submitted to non-binding mediation pursuant to the Rules for Commercial Mediation of the American Arbitration Association. DOCUMENTS All documents generated by JGI in the course of rendering service to CLIENT will remain the property of JGI. CLIENT agrees that all documents and/or plans provided by JGI in connection with services rendered will be utilized solely by CLIENT for their intended purpose. JGI will not intentionally divulge documents or information regarding its services to parties other than CLIENT unless requested in writing by CLIENT. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS CLIENT understands that JGI's failure to discover hazardous materials through appropriate and mutually agreed-upon sampling techniques does not guarantee that hazardous materials do not exist at the site. GOOD SAMARITAN INTERVENTION If JGI notices a site condition that JGI believes is a safety hazard,JGI shall notify the contractor's site superintendent promptly. However,if JGI believes the condition is serious,and poses an imminent threat to worker safety,JGI shall notify the contractor's site superintendent immediately. If the contractor's site superintendent is not on site at the time, or is on site but refuses to take what JGI believes to be prudent measures,JGI may feel compelled to give emergency guidance directly to the worker(s)believed to be in jeopardy. CLIENT understands that such action would be in fulfillment of JGI's ethical responsibility to hold paramount public health, safety, and welfare, and should not be construed to imply that JGI has specific responsibility for site safety. CLIENT agrees to so inform Contractor and also shall, to the fullest extent permitted by law, waive claim against JGI, and indemnify, defend, and hold JGI harmless from any claim or liability for injury or loss arising from: 1)JGI's alleged failure to notice a safety hazard;or 2) JGI's taking direct and immediate action, as a Good Samaritan, to prevent what JGI believed was an imminent accident. INDEMNIFICATION JGI agrees to indemnify and hold harmless CLIENT against liability to the extent caused by JGI's negligent act,error or omission in the performance of the services. JGI shall in no case be required to pay an amount disproportionate to JGI's negligence, nor shall JGI pay any amount levied against CLIENT to recognize more than actual arid/or reasonable damages. CLIENT agrees to indemnify and hold harmless JGI against damages, liabilities or costs, including reasonable attorneys' fees and defense costs,to the extent caused by the CLIENT's negligent acts in connection with the project and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. CLIENT will compensate JGI for time spent or expenses incurred by JGI in defense of any claim for which CLIENT has agreed to indemnify JGI,in accordance with this AGREEMENT. EVALUATION OF THE WORK JGI shall provide evaluation services during the construction phase to help reduce the risk of defects and deficiencies in the work. Evaluation shall consist of visual observation of construction and the equipment and material used therein,to permit JGI to render a professional opinion about the contractor's work and its conformance with JGI's plans,specifications,or recommendations.Given the inherent limitations of inspections,they shall not be relied upon Page 3 of 6 f by any party as acceptance of the work, nor shall they relieve any party from fulfillment of its customary and contractual responsibilities and obligations. INVOICES Invoices will be submitted either upon completion of services or on a monthly basis. Invoices are due and payable within 30 days after the billing date. If CLIENT objects to all or any portion of an invoice, CLIENT shall so notify JGI within 14 calendar days of the invoice date,identify the cause of disagreement,and pay when due that portion of the invoice, if any,not in dispute. Past due accounts will be subject to a service charge of 1.5 percent per month excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter shall first be applied to accrued service charges and then to the principal unpaid amount. Application of the percentage rate indicated above does not constitute willingness on JGI's part to finance CLIENT's operation. If CLIENT fails to pay undisputed invoiced amounts within 30 calendar days of the date of the invoice,JGI may at any time,without waiving claim against CLIENT and without thereby incurring any liability to CLIENT,terminate this AGREEMENT. CLIENT agrees to reimburse JGI for collection costs,including reasonable attomey's fees,court costs,and similar expenses. If JGPs invoices will be approved by CLIENT and presented by CLIENT to Owner for payment,CLIENT will pay JGI amounts due promptly after Owner pays CLIENT. Notwithstanding any action or inaction by Owner,CLIENT warrants that all of JGI's undisputed invoiced amounts will be paid within 60 calendar days of the invoice date. JOINT AND SEVERAL LIABILITY As applied to hazardous materials projects, it is possible that the concept of joint and several liability could be construed to make JGI partly or wholly responsible for damages created directly or indirectly by the hazardous materials. CLIENT agrees that it would be unfair for JGI to be exposed to such an action because JGI had nothing whatsoever to do with the creation of the hazardous condition. Accordingly,CLIENT waives any claim against JGI, and agrees to indemnify, defend, and save JGI harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would in any manner hold or seek to hold JGI responsible for creating a hazardous condition or permitting one to exist. LIMITATION OF LIABILITY CLIENT and JGI agree to allocate risks so that,to the fullest extent permitted by law,JGI's total aggregate liability to CLIENT is limited to$50,000 for injuries,damages,claims,losses,expenses,or claim expenses(including attorney's and expert witness'fees)arising out of this AGREEMENT from causes including,but not limited to,JGI's negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability based upon contract, tort, or statute. If CLIENT wishes to discuss higher limits,CLIENT should speak with JGI about fees, ORAL ACCEPTANCE OF AGREEMENT The AGREEMENT has been established in large measure to allocate certain risks between CLIENT and JGI. JGI will not initiate service without formal acknowledgement of the terms set forth in this AGREEMENT. For purposes of convenience, CLIENT may choose to accept this AGREEMENT orally or to orally authorize JGI to initiate services. In either event, CLIENT specifically agrees that CLIENT's oral acceptance or authorization to initiate services shall be considered by both parties to constitute formal acceptance of all terms of this AGREEMENT. CLIENT's or JGI's unilateral modification of this AGREEMENT subsequent to JGPs initiation of service is Page 4 of 6 prohibited. Furthermore, preprinted terms and conditions on CLIENT's purchase order are inapplicable to this AGREEMENT and JGI's involvement in CLIENT's project. PUBLIC RESPONSIBILITY Both the CLIENT and JGI owe a duty of care to the public that requires them to conform to applicable codes, standards,regulations and ordinances principally to protect the public health and safety. The CLIENT shall make no request of JGI that,in JGI's reasonable opinion,would be contrary to JGI's professional responsibilities to protect the public. The CLIENT shall take actions and render reports required of the CLIENT in a timely manner. Should the CLIENT fail to take required actions or render required notices to public officials in a timely manner,the CLIENT agrees JGI has the right to exercise its professional judgment in reporting to public officials or taking other necessary action. The CLIENT agrees to take no action against or attempt to hold JGI liable for carrying out what JGI reasonably believes to be its public responsibility. SAMPLES Soil,rock,and water samples obtained from the site which have not been consumed in testing become the property of the CLIENT,once the project account has been paid in full. Samples will be held for 30 days after payment and will be disposed of thereafter unless delivery to CLIENT is requested in writing. It is CLIENT's responsibility to select and arrange for disposal procedures that encompass removing and disposing contaminated samples from JGI's custody. SITE SAFETY JGI's site responsibilities are limited solely to the activities of JGI's employees on the site and shall not be inferred by any party to mean that JGI has responsibility for site safety. Safety in,on, or about the site is the sole and exclusive responsibility of the contractor. The contractor's methods of work,superintendence of the contractor's employees,and sequencing of construction are also the sole and exclusive responsibility of the contractor. STANDARD OF CARE In providing services under this agreement,JGI will endeavor to perform in a manner consistent with a degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. SUBSURFACE EXPLORATIONS CLIENT will furnish right-of-entry upon the site for JGI or its subcontractors to perform assessments or explorations as deemed necessary by JGI. CLIENT should be aware that some damage to the terrain,vegetation,structures,or equipment on the site may occur in the normal course of work. CLIENT will not hold JGI liable for such damages and will make compensation to JGI if JGI is required to restore the land to its former condition. JGI will take reasonable precautions to limit damage to the site and to any subterranean structures. JGI will not be held liable for damages or injury,including consequential damages such as the loss of use or profit resulting from interference with subterranean structures which are not called to our attention or are incorrectly located on plans famished by CLIENT or others in connection with the work to be performed. THIRD-PARTY RELIANCE CLIENT understands that JGI may become liable to third-parties that ill-advisedly rely on JGI's instruments of professional service under the mistaken assumption that their third-party needs are identical to CLIENT's or that, Page 5 of 6 although their needs differ from CLIENT's,JGI would nonetheless have performed the identical services to satisfy the different needs. To help prevent problems from arising in this respect, CLIENT shall inform JGI of any specific third-parties or types of third-parties that CLIENT believes may ask to rely on JGI's instruments of professional service,and CLIENT shall not under any circumstance permit such reliance except with the express consent of JGI. JGI may withhold its consent if the third-party does not agree, in writing, (1) to be bound by the terms of this AGREEMENT, including without limitation, any provision limiting JGI's liability hereunder, (2) to use such information only for the purposes contemplated by JGI in performing its services, and (3) to be bound by the qualifications and limitations expressed in the opinions, conclusions, certificate, or report involved. CLIENT's payment of JGI's invoices,as provided for herein,shall not be made contingent on JGI's agreeing to permit third-party reliance against JGI's preferences,and JGI shall be compensated by CLIENT for whatever additional service and/or risk stems from third-party reliance,if the third-party does not provide compensation per terms and conditions herein. In addition,CLIENT shall,to the fullest extent permitted by law,waive claim against JGI,and indemnify,defend,and hold JGI harmless from any claim or liability for injury or loss allegedly arising from any third-party's reliance on JGI's instruments of service without JGI's specific authorization to do so. CLIENT also shall compensate JGI for any time spent or expenses incurred by JGI in defense of such claim. Such compensation shall be based upon JGI's prevailing fee schedule and expense reimbursement policy. TIME BAR TO LEGAL ACTION All legal actions by either party against the other for breach of this AGREEMENT or any addendum to it, or for failure to perform in accordance with the applicable standard of care,or that are essentially based upon such breach or such failure, shall be barred after 2 years have passed from the time the claimant knew or should have known of its claim, and under no circumstances shall be initiated after 4 years have passed from the date by which JGI substantially completes its services. Substantial completion shall be defined to mean completion of monitoring services as called for hereunder,unless JGI's services shall be terminated earlier. UNCERTAINTY AND RISK CLIENT understands that a Phase I Environmental Site Assessment is conducted solely to permit JGI to render a professional opinion about the likelihood of regulated contaminants being present on, in, or beneath the site in question at the time services were conducted. No matter how thorough a Phase I ESA study may be,findings derived from its conduct are limited and JGI cannot know or state for an absolute fact that a site is unaffected by reportable quantities of regulated contaminants. Furthermore, even if JGI believes that reportable quantities of regulated contaminants are not present,CLIENT still bears the risk that such contaminants may be present or may migrate to the site after the study is complete. Given the foregoing,CLIENT's acceptance of this AGREEMENT shall signify that CLIENT understands the risks associated with Phase I ESAs and, as a material element of the consideration JGI requires to perform these services,CLIENT shall,to the fullest extent permitted by law,waive any claim against JGI, and indemnify, defend, and hold JGI harmless from any claim or liability for injury or loss arising from JGI's performance of the services indicated herein,or related in any manner whatsoever to the existence,storage,transport, or disposal of regulated contaminants, except for damages, liabilities, or costs arising directly from JGI's sole or willful negligence. WAIVER OF SUBROGATION If requested, JGI shall obtain a waiver of subrogation in favor of the OWNER that shall be endorsed upon JGI's insurance policies,provided that JGI shall not be obligated to do so if doing so shall increase JGI's exposure to risk relative to any insurance policy involved,and provided that OWNER shall pay any premium increase or special fee that an insurer may impose. Page 6 of 6 SERVICES • Geotechnical • Environmental • Construction Monitoring • Materials Testing EASTERN,Inc. November 23, 2005 ('DOV Mr. Tom St. Pierre City of Salem Building Department 120 Washington Street Salem, MA 01970 Advance Copy by Fax Re: Proposal for Geotechnical Engineering Services 6 Gallows Circle Salem, Massachusetts RFP No. 614-05 Dear Mr. St. Pierre: Following our recent discussion with Mr. Scott Patrowicz,we are pleased to present our proposal to provide geotechnical engineering design services for the above-referenced property. The purpose of our engineering services will be to review the existing soil slope and long-term repair alternatives, perform global stability analyses and provide design assistance. Provided herein are brief descriptions of the project as we understand it,our recommended scope of services and an estimated budget. BACKGROUND The project site is located at 6 Gallows Circle in Salem, Massachusetts. Specifically, the project involves a temporary soil slope located on the property. We understand the city of Salem Building Department has deemed an old timber retaining wall unsafe. After removal of the timber wall, the slope was subsequently steepened and now there is'concern for long-term slope stability. Presently, the slope's geometry is approximately 120 feet in length,with an incline ranging from approximately 2H to 1.5H:1 V. Presently, long-term repair alternatives being considered consist of redesigning a steepened slope or constructing a boulder wall at the toe with a flatter slope above the wall. We will be assisting Mr. Patrowicz in preparing retaining wall/slope design documents. SCOPE OF SERVICES Based on our understanding of the project, our scope of services will consist of the following: 1. Visit the site to review the slope failure and existing geometry. Practical, responsive solutions to our clients' needs 0 77 Sundial Avenue,Suite 401 W ❑114 Woodlawn Road ❑15 Holly Street, Unit 105 Manchester, NH 05103 Berlin,CT 06037-1535 Scarborough,ME 04070 (603) 647-9700 Fax 647-4432 (860) 829-1725 Fax 829-1745 (207) 396-5374 Fax 396-5394 w Jgieastern.com Printed on/00%Recycled Paper Mr. Scott Patrowicz Page 2 November 23, 2005 2. Review proposed slope configurations and perform global stability analyses on a critical cross-section of the slope. In order to evaluate geometry,we will survey the slope to develop a typical profile during our site visit. Slope geometry from the survey and assumed soil parameters will be used to develop a computer model using the Geoslope Version 5.5 computer program. Limit-equilibrium method of slices and Modified Janbu wedge failure analyses will be performed to assess the factor of safety against slope failure under normal and seismic loading conditions. 3. Following global stability analyses, we will discuss slope or wall options with you and Mr. Patrowicz and assist with details in preparing Mr. Patrowicz's design documents. A summary letter will be prepared. PROJECT FEES We propose to complete the scope of services described above for a lump sum fee of$3,000. The cost of our services is based on our Rate Schedule included in the attached Terms and Conditions. We will initiate our services immediately upon your authorization to proceed. You may formally enter into an agreement with us to accomplish the above scope of services under the attached Terms and Conditions by signing and returning the entire accompanying copy of this document. We thank you for the opportunity to offer you our services. If you have questions,please contact either of the undersigned at our Manchester, New Hampshire office. Very truly yours, J r . c ween LawrenceAyerPE Engine r N President /mm/614-05 cc: Mr. Scott Patrowicz, Patrowicz Land Development Engineering(Via fax: 978/745-5200) Attachment: Terms and Conditions Authorization Signature: Name and Address (if Different from Above): Date: JGI EASTERN,Inc. (JGI) TERMS AND CONDITIONS JANUARY 2005 AGREEMENT This AGREEMENT is made by and between JGI and DJKP, City of Salem, Massachusetts Building Department, herein after referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS,the attached PROPOSAL,and exhibits or attachments noted in the PROPOSAL. Together,the elements will constitute the entire AGREEMENT superceding prior negotiations,or correspondence(written or oral). Changes to the AGREEMENT must be mutually agreed to in writing. CERTIFICATION JGI may employ certain observations or sampling/testing procedures in performing services. CLIENT understands that such procedures indicate actual conditions at the precise locations and times where and when the procedures were performed. JGI shall make certain inferences based upon the information derived from the procedures in order to formulate a professional opinion of conditions in other areas. CLIENT recognizes that, despite proper observation and/or sampling/testing procedures,and despite proper interpretation of the findings,JGI will not be in a position to ensure the existence of conditions that JGI can only infer to exist. Because a professional certification that certain conditions exist,may be regarded by others as an assurance of such conditions'existence,CLIENT understands that it would be improper for JGI to certify the existence of such conditions.Accordingly,CLIENT shall not require JGI to sign a certification that would cause JGI to certify the existence of conditions whose existence JGI cannot ensure.In addition, CLIENT shall not make resolution of any dispute with JGI or payment due to JGI contingent upon JGI's willingness to certify. CODESANDSTANDARDS JGI shall observe applicable federal,state,and local codes,standards,statutes,and regulations at the time JGI renders service. JGI shall assess the impact of changes to such code, standard, statute, or regulation and if, in JGI's professional opinion, the impact affects JGI's services, fees, expenses, or anticipated completion date a reasonable adjustment in schedule and compensation will be made in accordance with this AGREEMENT. COMPENSATION Fees for engineering services will be based upon the time worked on a given project and computed in accordance with the following Rate Schedule. Rate/Hour Principal, Senior Consultant $125 Senior Engineer/Senior Environmental Professional I—VI $95 to$120 Project Manager I—IV $75 to$90 Engineer/Environmental Professional I—IV $55 to$70 Field Engineer/Environmental Technician/Drafter $50 Word Processor/Administration $40 Transportation of personnel will be hourly in accordance with the above rate schedule. Mileage transportation of personnel to and from the project site will be charged at$0.39/mile,plus tolls. Duplication,lodging,meals and other Page 1 of 6 direct expenditures related to a project will be billed at cost plus 15 percent. Contractors subcontracted by JGI on behalf of the client will be charged at cost plus 15 percent. CONSTRUCTION OBSERVATION CLIENT recognizes that unanticipated or changed conditions may be encountered during construction and, principally for this reason,CLIENT shall retain JGI to observe construction. CLIENT understands that construction observation is conducted to reduce,not eliminate,the risk of problems arising during construction,and that provision of the service does not create a warranty or guarantee of any type. Contractors shall retain responsibility for the quality and completeness of their work and for adhering to the plans,specifications,and recommendations on which their work is based. Should JGI not provide construction observation during the implementation of JGI's plans, specifications,and recommendations,or should CLIENT unduly restrict JGI's assignment of observation personnel, CLIENT shall,to the fullest extent permitted by law,waive claim against JGI,and indemnify,defend,and hold JGI harmless from any claim or liability for injury or loss arising from field problems allegedly caused by findings, conclusions,recommendations,plans, or specifications developed by JGI. CLIENT also shall compensate JGI for time spent or expenses incurred by JGI in defense of such claim in accordance with this AGREEMENT. CONTRACT RENEGOTIATION AND TERMINATION This contract includes a scope that delineates the services JGI has agreed to perform. CLIENT recognizes that JGI developed or agreed to this scope of services and fees through application of professional judgment, including consideration of subsurface materials likely to be encountered and the level of risk they impose. CLIENT therefore agrees that if unanticipated conditions or hazardous materials are encountered there may be a need to renegotiate the contract to which these terms apply. JGI agrees to renegotiate in good faith in an effort to continue to meet CLIENT's needs. If a renegotiated contract cannot be agreed to, however, CLIENT agrees that JGI has an absolute right to terminate the contact in accordance with the AGREEMENT. CLIENT or JGI may terminate this AGREEMENT. In the event such termination becomes necessary, the party effecting termination shall so notify the other party and termination will become effective 14 calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore,CLIENT shall,within 30 calendar days of termination,remunerate JGI for services rendered and costs incurred,in accordance with this AGREEMENT. CROSS-CONTAMINATION CLIENT must recognize that there is a risk that subsurface exploration through contaminated soils may contaminate certain other subsurface soils or rock, as a boring or probe moves through a contaminated area linking it to an uncontaminated area._hi addition,sampling may result in unavoidable cross-contamination as when a probe or boring moves through a contaminated zone and links it to an aquifer, underground stream, or other hydrous body not previously contaminated. Because JGI is powerless to eliminate the risk despite use of due care, and because sampling is an essential element of JGI's services,CLIENT shall,to the fullest extent permitted by law,waive claim against JGI,and indemnify,defend,and hold JGI harmless from any claim or liability for injury or loss arising from cross-contamination allegedly caused by JGI's sampling. CLIENT shall also compensate JGI for time spent or expenses incurred by JGI in defense of such claim in accordance with this AGREEMENT. DELAYS In the event that JGI's field or technical work is interrupted due to causes beyond its control,JGI shall be compensated for the labor,equipment,and other costs JGI incurs in order to maintain its work force for CLIENT's benefit during the interruption, or, at CLIENT's option, the various costs JGI incurs for demobilization and subsequent remobilization. Compensation to JGI shall be in accordance with this AGREEMENT. Page 2 of 6 DISPUTE RESOLUTION All claims,disputes,or controversies arising out of,or in relation to the interpretation,application,or enforcement of this AGREEMENT shall first be submitted to non-binding mediation pursuant to the Rules for Commercial Mediation of the American Arbitration Association. DOCUMENTS All documents generated by JGI in the course of rendering service to CLIENT will remain the property of JGI. CLIENT agrees that all documents and/or plans provided by JGI in connection with services rendered will be utilized solely by CLIENT for their intended purpose. JGI will not intentionally divulge documents or information regarding its services to parties other than CLIENT unless requested in writing by CLIENT. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS CLIENT understands that JGI's failure to discover hazardous materials through appropriate and mutually agreed-upon sampling techniques does not guarantee that hazardous materials do not exist at the site. GOOD SAMARITAN INTERVENTION If JGI notices a site condition that JGI believes is a safety hazard,JGI shall notify the contractor's site superintendent promptly. However,if JGI believes the condition is serious,and poses an imminent threat to worker safety,JGI shall notify the contractor's site superintendent immediately. If the contractor's site superintendent is not on site at the time, or is on site but refuses to take what JGI believes to be prudent measures,JGI may feel compelled to give emergency guidance directly to the worker(s)believed to be in jeopardy. CLIENT understands that such action would be in fulfillment of JGI's ethical responsibility to hold paramount public health, safety, and welfare, and should not be construed to imply that JGI has specific responsibility for site safety. CLIENT agrees to so inform Contractor and also shall, to the fullest extent permitted by law, waive claim against JGI, and indemnify, defend, and hold JGI harmless from any claim or liability for injury or loss arising from: 1)JGI's alleged failure to notice a safety hazard;or 2) JGI's taking direct and immediate action, as a Good Samaritan, to prevent what JGI believed was an imminent accident. INDEMNIFICATION JGI agrees to indemnify and hold harmless CLIENT against liability to the extent caused by JGI's negligent act,error or omission in the performance of the services. JGI shall in no case be required to pay an amount disproportionate to JGI's negligence, nor shall JGI pay any amount levied against CLIENT to recognize more than actual and/or reasonable damages. CLIENT agrees to indemnify and hold harmless JGI against damages, liabilities or costs, including reasonable attorneys' fees and defense costs,to the extent caused by the CLIENT's negligent acts in connection with the project and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. CLIENT will compensate JGI for time spent or expenses incurred by JGI in defense of any claim for which CLIENT has agreed to indemnify JGI, in accordance with this AGREEMENT. EVALUATION OF THE WORK JGI shall provide evaluation services during the construction phase to help reduce the risk of defects and deficiencies in the work. Evaluation shall consist of visual observation of construction and the equipment and material used therein,to permit JGI to render a professional opinion about the contractor's work and its conformance with JGI's plans,specifications,or recommendations.Given the inherent limitations of inspections,they shall not be relied upon Page 3 of 6 by any party as acceptance of the work, nor shall they relieve any party from fulfillment of its customary and contractual responsibilities and obligations. INVOICES Invoices will be submitted either upon completion of services or on a monthly basis. Invoices are due and payable within 30 days after the billing date. If CLIENT objects to all or any portion of an invoice,CLIENT shall so notify JGI within 14 calendar days of the invoice date,identify the cause of disagreement,and pay when due that portion of the invoice,if any,not in dispute. Past due accounts will be subject to a service charge of 1.5 percent per month excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter shall first be applied to accrued service charges and then to the principal unpaid amount. Application of the percentage rate indicated above does not constitute willingness on JGI's part to finance CLIENT's operation. If CLIENT fails to pay undisputed invoiced amounts within 30 calendar days of the date of the invoice,JGI may at any time,without waiving claim against CLIENT and without thereby incurring any liability to CLIENT,terminate this AGREEMENT. CLIENT agrees to reimburse JGI for collection costs,including reasonable attorney's fees,court costs, and similar expenses. If JGI's invoices will be approved by CLIENT and presented by CLIENT to Owner for payment,CLIENT will pay JGI amounts due promptly after Owner pays CLIENT. Notwithstanding any action or inaction by Owner,CLIENT warrants that all of JGI's undisputed invoiced amounts will be paid within 60 calendar days of the invoice date. JOINT AND SEVERAL LIABILITY As applied to hazardous materials projects, it is possible that the concept of joint and several liability could be construed to make JGI partly or wholly responsible for damages created directly or indirectly by the hazardous materials. CLIENT agrees that it would be unfair for JGI to be exposed to such an action because JGI had nothing whatsoever to do with the creation of the hazardous condition. Accordingly,CLIENT waives any claim against JGI, and agrees to indemnify, defend, and save JGI harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would in any manner hold or seek to hold JGI responsible for creating a hazardous condition or permitting one to exist. LIMITATION OF LIABILITY CLIENT and JGI agree to allocate risks so that,to the fullest extent permitted by law,JGI's total aggregate liability to CLIENT is limited to$50,000 for injuries,damages,claims,losses,expenses,or claim expenses(including attorney's and expert witness'fees)arising out of this AGREEMENT from causes including,but not limited to,JGI's negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability based upon contract, tort, or statute. If CLIENT wishes to discuss higher limits, CLIENT should speak with JGI about fees. ORAL ACCEPTANCE OF AGREEMENT The AGREEMENT has been established in large measure to allocate certain risks between CLIENT and JGI. JGI will not initiate service without formal acknowledgement of the terms set forth in this AGREEMENT. For purposes of convenience, CLIENT may choose to accept this AGREEMENT orally or to orally authorize JGI to initiate services. In either event, CLIENT specifically agrees that CLIENT's oral acceptance or authorization to initiate services shall be considered by both parties to constitute formal acceptance of all terms of this AGREEMENT. CLIENT's or JGI's unilateral modification of this AGREEMENT subsequent to JGI's initiation of service is Page 4 of 6 prohibited. Furthermore, preprinted terms and conditions on CLIENT's purchase order are inapplicable to this AGREEMENT and JGI's involvement in CLIENT's project. PUBLIC RESPONSIBILITY Both the CLIENT and JGI owe a duty of care to the public that requires them to conform to applicable codes, standards,regulations and ordinances principally to protect the public health and safety. The CLIENT shall make no request of JGI that,in JGI's reasonable opinion,would be contrary to JGI's professional responsibilities to protect the public. The CLIENT shall take actions and render reports required of the CLIENT in a timely manner. Should the CLIENT fail to take required actions or render required notices to public officials in a timely manner,the CLIENT agrees JGI has the right to exercise its professional judgment in reporting to public officials or taking other necessary action. The CLIENT agrees to take no action against or attempt to hold JGI liable for carrying out what JGI reasonably believes to be its public responsibility. SAMPLES Soil,rock,and water samples obtained from the site which have not been consumed in testing become the property of the CLIENT,once the project account has been paid in full. Samples will be held for 30 days after payment and will be disposed of thereafter unless delivery to CLIENT is requested in writing. It is CLIENT's responsibility to select and arrange for disposal procedures that encompass removing and disposing contaminated samples from JGI's custody. SITE SAFETY JGI's site responsibilities are limited solely to the activities of JGI's employees on the site and shall not be inferred by any party to mean that JGI has responsibility for site safety. Safety in,on,or about the site is the sole and exclusive responsibility of the contractor. The contractor's methods of work,superintendence of the contractor's employees,and sequencing of construction are also the sole and exclusive responsibility of the contractor. STANDARD OF CARE In providing services under this agreement,JGI will endeavor to perform in a manner consistent with a degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. SUBSURFACE EXPLORATIONS CLIENT will furnish right-of-entry upon the site for JGI or its subcontractors to perform assessments or explorations as deemed necessary by JGI. CLIENT should be aware that some damage to the terrain,vegetation,structures,or equipment on the site may occur in the normal course of work. CLIENT will not hold JGI liable for such damages and will make compensation to JGI if JGI is required to restore the land to its former condition. JGI will take reasonable precautions to limit damage to the site and to any subterranean structures. JGI will not be held liable for damages or injury,including consequential damages such as the loss of use or profit resulting from interference with subterranean structures which are not called to our attention or are incorrectly located on plans furnished by CLIENT or others in connection with the work to be performed. THIRD-PARTY RELIANCE CLIENT understands that JGI may become liable to third-parties that ill-advisedly rely on JGI's instruments of professional service under the mistaken assumption that their third-party needs are identical to CLIENT's or that, Page 5 of 6 although their needs differ from CLIENT's,JGI would nonetheless have performed the identical services to satisfy the different needs. To help prevent problems from arising in this respect, CLIENT shall inform JGI of any specific third-parties or types of third-parties that CLIENT believes may ask to rely on JGI's instruments of professional service,and CLIENT shall not under any circumstance permit such reliance except with the express consent of JGI. JGI may withhold its consent if the third-party does not agree, in writing, (1) to be bound by the terms of this AGREEMENT, including without limitation, any provision limiting JGI's liability hereunder, (2) to use such information only for the purposes contemplated by JGI in performing its services, and (3) to be bound by the qualifications and limitations expressed in the opinions, conclusions, certificate, or report involved. CLIENT's payment of JGI's invoices,as provided for herein,shall not be made contingent on JGI's agreeing to permit third-party reliance against JGI's preferences,and JGI shall be compensated by CLIENT for whatever additional service and/or risk stems from third-party reliance,if the third-party does not provide compensation per terms and conditions herein. In addition,CLIENT shall,to the fullest extent permitted by law,waive claim against JGI,and indemnify,defend,and hold JGI harmless from any claim or liability for injury or loss allegedly arising from any third-party's reliance on JGI's instruments of service without JGI's specific authorization to do so. CLIENT also shall compensate JGI for any time spent or expenses incurred by JGI in defense of such claim. Such compensation shall be based upon JGI's prevailing fee schedule and expense reimbursement policy. TIME BAR TO LEGAL ACTION All legal actions by either party against the other for breach of this AGREEMENT or any addendum to it, or for failure to perform in accordance with the applicable standard of care,or that are essentially based upon such breach or such failure, shall be barred after 2 years have passed from the time the claimant knew or should have known of its claim, and under no circumstances shall be initiated after 4 years have passed from the date by which JGI substantially completes its services. Substantial completion shall be defined to mean completion of monitoring services as called for hereunder,unless JGI's services shall be terminated earlier. UNCERTAINTY AND RISK CLIENT understands that a Phase I Environmental Site Assessment is conducted solely to permit JGI to render a professional opinion about the likelihood of regulated contaminants being present on, in, or beneath the site in question at the time services were conducted. No matter how thorough a Phase I ESA study maybe,findings derived from its conduct are limited and JGI cannot know or state for an absolute fact that a site is unaffected by reportable quantities of regulated contaminants. Furthermore, even if JGI believes that reportable quantities of regulated contaminants are not present,CLIENT still bears the risk that such contaminants may be present or may migrate to the site after the study is complete. Given the foregoing,CLIENTS acceptance of this AGREEMENT shall signify that CLIENT understands the risks associated with Phase I ESAs and, as a material element of the consideration JGI requires to perform these services,CLIENT shall,to the fullest extent permitted by law,waive any claim against JGI, and indemnify, defend, and hold JGI harmless from any claim or liability for injury or loss arising from JGI's performance of the services indicated herein,or related in any manner whatsoever to the existence,storage,transport, or disposal of regulated contaminants, except for damages, liabilities, or costs arising directly from JGI's sole or willful negligence. WAIVER OF SUBROGATION If requested, JGI shall obtain a waiver of subrogation in favor of the OWNER that shall be endorsed upon JGI's insurance policies,provided that JGI shall not be obligated to do so if doing so shall increase JGI's exposure to risk relative to any insurance policy involved,and provided that OWNER shall pay any premium increase or special fee that an insurer may impose. Page 6 of 6 THE OFFICES OF JACK L. ALTSHULER (978) 922-1312 ATTORNEY AT LAW FAX (978) 921-0364 FIVE BRISCOE STREET BEVERLY, MASSACHUSETTS 01915-4563 November 14, 2005 Mr. Thomas St. Pierre Building Commissioner 120 Washington Street Salem, MA 01970 RE: Soula Hoxha 6 Gallows Circle, Salem_ MA 01970 Dear Mr. St. Pierre: Please be advised that this office represents the above-named Soula Hoxha in what is apparently an ongoing engineering problem at the above property. Because of conflicting issues with the Department of Planning and Community Development as well as the Building Commissioner's Office, I have been attempting to arrange a meeting with the City Solicitor of Salem and all interested people. Unfortunately,the City Solicitor has indicated to me that in view of the change in administration, he will not be getting involved in this matter and we should wait for the next administration. I am mindful of the fact that work needs to be done and that an unfinished project remains and in view of this fact I am willing to sit with you and anyone else you may deem fit in order to discuss this ongoing situation in hopes of a possible resolution. Please contact this office at your convenience. Very truly yours, //,� Tk L. Altshuler � JLA:kac CITY OF SALEM (• e PUBLIC PROPRERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREF'r ♦SALEM,MASSACHUSETTS 01970 TFL:978-745-9595 ♦FAX:978-740-9846 April 25, 2006 Soula Hoxha 6 Gallows Circle Salem, Ma. 01970 RE :Retaining Wall (Amended Copy) Dear Mrs. Hoxha On April 6, 2005, I declared the retaining wall an unsafe structure per the Mass State Building Code. Per the State Building Code 780 CMR, Section 121.5 and due to failure on your part to resolve the unsafe structure, the City hired the required Iabor to remove the wall, remove the unsuitable materials and to temporarily create a stonewall All of the work on the slope was designed by an engineer to be temporary. Ten month have passed and the neighbors below your property are being impacted by dirt and debris from your property. You are directed to submit a professionally prepared plan to permanently stabilize the slope .I have enclosed a copy of Scott Patrowicz's P.E. report to help you understand the steps that needs to be taken. Due to the length of time the abutters have been impacted, you are directed to begin work within 45 days upon receipt of this letter. The drainage and landscaping plans needs to be submitted and approved by the City of Salem Engineering Department. If any retaining walls are built, they must be permitted by the Building Department. Sii!nc ely, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Mayors Office Elizabeth Rennard, City Solicitor Councillor O'Leary , Ward 4 Attorney Jack Altshuler cc: Enclosure m � 1 s LAND DEVELOPMENT ENGINEERING DATE: July 28, 2005 TO: Mr. Thomas St. Pierre City Building Inspector 120 Washington Street Salem, MA 01970 RE: Slope Stabilization #6 Gallows Circle, Salem, MA PLDE#05-16 Dear Mr. St. Pierre: When we met at the site on 6/6/05, it was readily apparent that the existing timber retaining wall was failing. Several of the existing timbers were rotten. Many timbers had shifted and bowed out of alignment. Several large pieces had fallen onto the down-gradient abutting properties. You made a decision that the wall needed to be removed due to the unsafe conditions and instability of the existing timber wall. I recommended on 618/05(e-mail)that the excavation contractor remove all unconsolidated (loose) material (at least back as far as 25-feet from the top of the wall)and create a temporary slope to be at least 3:1 (H:V), covered with jute matting. I also recommended that a flat area (3-feet wide) be created at the bottom of the slope (except in areas where ledge is found). The excavation contractor removed the timbers that were deeply embedded into the slope. I inspected the removal of the timbers on 6/13105 and 6/14/05. In the process of removing the timbers, large volumes of varying unconsolidated material were found (underneath most of the back yard). This unconsolidated material consisted of organic soils, loam, construction debris, boulders(varying sizes), appliances, older timbers, stumps and a cracked concrete pool. See attached photographs. The embankment that was created after the removal of the timber wall was entirely to steep (given the loose nature of the remaining material). This embankment was determined to be highly susceptible to erosion and/or slope failure,which would negatively impact down-gradient properties. Therefore, it was decided that in order to minimize the probability of erosion and/or slope failure, it would be essential to perform additional excavation and removal of this unsuitable unconsolidated material. Both you and I explained the situation to the homeowner. She seemed to understand and asked if the material could be used as fill somewhere else (Ipswich). We both explained that this unconsolidated material was unsuitable for fill, since it was mostly organic and full construction debris, stumps, sticks, rotten limbers, appliances, etc. and it would cost more to transport it to Ipswich, then ifs value as fill. I inspected the removal of the unconsolidated material on 6/17/05 and 6/20/05. 1 recommended that the embankment of unsuitable material be removed back to a point where there would less of a probability of slope erosion to create approximately a 3:1 (H:V) slope (per my earlier recommendation). I also recommended that existing displaced boulders needed to be placed at 10 DERBY SQUARE,4TH FLOOR,SALEM,MA 01970 TEL:978-745.2288 FAX:978.745.5200 EMAIL:SCOTT.PATROWICZ§VERIZON.NET the toe of the slope to increase stability of the overall slope(and to minimize the amount of material to be hauled off-site). I also recommended exposing ledge faces, creating additional stability. It was determined that the existing pool was actually holding back additional unsuitable material, therefore, in order to minimize the disturbance and minimize the amount of material to be excavated, the pool was left in place. The excavation contractor temporarily stabilized the slope. I strongly recommend that permanent slope stabilization solution is designed and constructed soon. The temporary slope is susceptible to erosion and possible slope failure,which would (could) negatively impact down-gradient properties. The solution for a permanent slope will require field survey, geotechnical engineering, proper drainage controls(catching and piping stormwater runoff), erosion control measures, and heavy machinery to construct such a solution. If you have any additional questions, please do not hesitate to contact me. Thank you. Slncerey, PdTR Z LANb DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. PATROWICZ LAND DEVELOPMENT ENGINEERING • e x • .. �,� a� f, r w h ,J. .'` �xl� '?a x-) Y 4�g„^!�'"v7�t7 A, �x r�.n t: � �' .:� ' � /,/ - \ - � ��`"1�Y..,.�x"'fi'�ytKi[�x#5+,��...i1 •tt .. .x. +rS j a '. � ' I P � 1// �t9 '� I IYI t 9 d •. .r. n,�^•w�z�.—1e.�.. � '" '.-.i:s:rar ..5�a��l •Ir�/ I� ! tC�l • ' l� 'y'• \ Vii..s� / �;' '{n� .1, � ny.. .. /l ( . '>A.w f' ` : �, l .-♦ .� it • };d.. + tn:°r�:ab; ,�jq4^ Sc/*^.t r 7�.w,, 7 4,t c r _• . , �' ,p. „sit "�✓$ `':/��l� x�r: �?�wf it � , � � ;ti'�n: l _�S:1d �fSi aa`:?i f�'t�..�,;,',, `a•>�. _.. —..•omt"'gr r•_ �i•� j�'€ �"'�'�'."":�`w�1�",�'v��"'��•�"�.r„�Y.3F� ` '�. ,'�`•�.��,"�r'.''u�'�s,�atNt> \R e The embankment that was created after the removal of the timber wall was entirely to steep (given the loosenatureof theremaining _ embankment determined to be highlysusceptible to erosion 1which wouldnegatively • - ct down-gradient properfies. • • / ENGINEERING -...- rS�fEa�rt�'+"k�..: .�:ni'N�. �"&'is�N .�`��''�'�s a� i ��,•d Wld � 1YA'Jff�� � r � ,. / �,rcar • --«>.a.,,�-_.�. '.,ifs •w-.•o,+M' Y"' ,w^.�5+^ i '�'+�4,% Boulders (that . .n-site: buried amongst the unconsolidated material) placed toe of the slope to increase stability of the overall slope (and to minimize the amount of material to be hauled off-site). PATROWICZ LAND DEVELOPMENT >�; a•'ay. r�� '.ted. . ]�:..i�'•= Ama , /\ 1 ( 3 Y t {AP R48'Y� • c �'rN ", F�.P Y' '� rP _... 1'r `' Q-•• '. Lam_ � ,. / J. 4a! � ,! 4!' .y,.Nkg,:�;,E$. ° s �ry er. ll�'g':a�•'d } hip y� k 1 _ t ¢ Y y �• M. ' • _ - _ . M4'��'�fJ>� ��,L'ir �w Lw+.,(> '+ G' L!'�w�xQ�T�.�s' i • • ' _ • > + pY `�-jr Y ' P >I.1 .��,"�[ �kp>�f'"kr'jf J 'ul"q(�>t ,y "F` ��.r� �54dW>'�`.�f ' �6 .,� `�•EAS" �'�� tt r ;{Y `�, - �: u�k�4�1'k"�=i�`h"�Y�G•r"'�:+'ai:��`3;�5"v�.-i��'."o'fir^:�.t."T�yx19��=�R'al�:d.�ns�"�r;i*v.:�ir i:�.! °X. ' a CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT y� 120 WASHINGTON STREET, 3RD FLOOR '�r�I1NB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 April 6, 2005 Jeton and Soula Hoxha 6 Gallows Circle Salem, Ma. 01970 Dear Owners: This Department received and investigated a complaint regarding the retaining wall at the rear of your property. This wall is approximately 10-12 feet high constructed of railroad timbers. The railroad timbers are badly rotted and in some places the wall has moved. Because of the threat of injury to the public, I must declare this wall an "unsafe structure" as defined in State Building Code 780 CMR, Section 121.1. Section 121.1 requires the owner of an "unsafe structure" by noon of the day following service to begin to make safe and secure the structure. Therefore, you are directed to immediately take the steps necessary to repair the wall. The services of a licensed Structural Engineer will be required to submit drawing for a required building permit. An accurate survey of the property will also be necessary. I have enclosed a copy of the Section of the State Building Code. If you have any questions, please contact me directly. S rl lo Thomas St. Pierre Building Commissioner cc: Kate Sullivan, Mayors Office Councillor O'Leary .. • Ir als P R a A. S I ILg R g trip aFttal V I I $ EF gt r e' As. r w W r r w W @ r tic 9 g 191 011ieIt it 1 1p:19 i 131 t ri �. R R 8 R � fitr y v get tweet 0