? £% '\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY cl'-Ep^WJ?5*^?!?*9*Jo?rD 

I^SR? ! REGION I SITE: Morujoo d PCfi , 

V7"iw ^ JOHN F. KENNEDY FEDERAL BUILDING BREAK: H-H 

XpROXfc*^ BOSTON. MASSACHUSETTS 02203-0001 OTHER: 415^ 8 t 

BY CERTIFIED MAIL 

April 7, 1998 

Gregg J. Wilson, Esq. 

Kutchin & Rufo, P.C. 

One Liberty Square 

Boston, MA 02109 

Re: Norwood Superfund Site 

Prospective Purchaser Agreement (CERCLA-I-97-1044) 

Dear Mr. Wilson: 

This letter notifies the Settling Respondents ofthe effective date ofthe above-named Prospective 

Purchaser Agreement ("Agreement), and provides documents for recording with the Plymouth 

Country Registry of Deeds in accordance with the terms ofthe Agreement. 

Pursuant to Paragraph 53 ofthe Agreement, the effective date ofthe Agreement will be the date upon 

which EPA issues written notice to the Settling Respondents that EPA has fiilly executed the 

Agreement and has reviewed and responded to any public comments received. Please be advised 

that EPA has fully executed the Agreement and that the public comment period ended on January 

16,1998 (62 Fed. Reg. 66095 [December 17,1997]). EPA received no public comments conceming 

the Agreement. Thus, the effective date ofthe Agreement is the date of this notice: April 7,1998. 

As you know, the Agreement requires you to: 

1. Pursuant to Paragraph 18, pay $ 10,000 to EPA within 10 days of the effective date. The 

procedure for submitting your payment is included in Paragraph 18. / 

2. Pursuant to Paragraph 7, donate to the Town of Norwood an'electricj^yehicle for the 

Town use. 

3. Pursuant to Paragraph 16, within 15 days ofthe effective date, record with the Norfolk 

County Registry of Deeds a certified copy ofthe Agreement and Exhibits 1 and 7. 

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4. Pursuant to Paragraph 28, within 10 days of receiving "as built drawings", file and 

record said drawings with the Registry of Deeds, Norfolk County, as part of Exhibit 7. 

The as-built drawings show the location of Class A, B, C, & D land at property described 

in Exhibit 7. 

Please send me proof that the Certified Agreement has been recorded in accordance with the 

requirements of Paragraphs 16 ofthe Agreement. 

Should you have any questions, please let me know. 

sincerely. 

^Antoinette Powell 

Enforcement Attomey 

cc: Sharon Hayes 

.h 
U.S. ENVIRONMENTAL PROTECTION AGENCY 

EPA-NEW ENGLAND 

J.F.K. FEDERAL BUILDING, BOSTON MA 02203 

MEMORANDUM 

DATE: 

SUBJ: 

FROM: 

TO; 

September 25,1995 

Proposed Settlement and Federal Register Notice 

Robert Cianciarulo 

Office of Site Reme/di^tion and Restoration 

William Walsh-Rogalski 

Counsel for Special Projects 

Patricia Meaney 

Assistant Regional Administrator 

Attached for your signature is a Prospective Purchaser Agreement 

and Federal .Register Notice relating to the potential CERCLA 

liability of Joseph Laham, individually, and 921,Inc., purchasers, 

of that portion of the Norwood PCB Superfund site currently owned 

by Grant Gear Realty Trust and the Reardon brothers. The U.S. 

Department of Justice is in the process of approving the 

agreement. You signed a virtually identical package in early 

June, but due to changes in the documents stemming from the 

purchaser's decision to buy additional land at the site, we are 

resubmitting these papers for your approval. 

In accordance with EPA's Policy on Prospective Purchasers of 

Contaminated Property, dated JVlay 24, 1995, a Notice is to be 

published in the Federal Register which gives the public 30 days 

to comment upon a settlement. 

For your information, the attached agreement was made pursuant to 

CERCLA § 9601 e£. seq. In this agreement, the purchasers have 

agreed to conduct demolition of the on-site groundwater treatment,, 

facility at the end of its useful life, to pay the United States 

$10,000, to provide access for any future response actions on the 

property, and to record and abide by institutional controls for 

the property that are part of the remedial action at the site. As 

a result, EPA is encouraging the beneficial reuse of the Norwood 

site. The prospective purchaser intends to construct an auto 

auction facility or car dealership on the property, a use 

consistent with the locality. The purchasers have received 

contribution protection from third parties, and EPA has agreed 

that it will not pursue the purchasers for any injunctive relief 

or response costs relating to the existing contamination at the 

site. 
This agreement is noteworthy in several regards: 

Under the terms of a consent decree negotiated with the PRP's in 

1996, the settling defendants agreed to cooperate with and 

include design modifications to the EPA remedy if any prospective 

purchaser came forward in a timely manner. This novel waiver of 

claims and design opportunity linked third party liability reliefwith a mechanism for coupling remediation and commercial reuse.. 

This opened a window of commercial opportunity that successfully 

enticed a purchaser to negotiate an agreement with EPA to reuse' 

the property. In addition to returning a former industrial^ 

property to productive commercial use, it is anticipated that 

this new enterprise will generate $25,000 in annual property 

taxes for Norwood, create approximately fifty short term 

construction jobs, provide fifteen to twenty full time jobs and 

30-40 part time jobs related to the management of the auto 

auction facility and provide about $1 million in annual payroll. 

Though not part of the formal consideration for the agreement, 

the purchaser has agreed to donate to the Town of Norwood an 

electric automobile, which will, promote public awareness of the 

feasibility of alternative automobiles in an area that is in 

serious non-attainment for ozone. Please sign the Agreement and 

Notice. If you have any questions or need additional 

information, please contact Bob Cianciarulo at 573-5778 or 

Bill Walsh-Rogalski at 565-3426. 

Thank you for your attention to this matter. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

EPA-NEW ENGLAND 

J.F.K. FEDERAL BUILDING, BOSTON MA 02203 

MEMORANDUM 

DATE: September 25,1995 

SUBJ: Proposed Settlement and Federal Register Notice 

FROM: Robert Cianciarulo 

Office of Site Remediation and Restoration 

William Walsh-Rogalski 

Counsel for Special Projects 

TO: Patricia Meaney 

Assistant Regional Administrator 

Attached for your signature is a Prospective Purchaser Agreement 

and Federal Register Notice relating to the potential CERCLA 

liability of Joseph -Laham, 'individually, and 921,Inc., purchasers 

of that portion-of the Norwood PCB Superfund site currently owned 

by Grant Gear Realty Trust and the Reardon brothers. The U.S. 

Department of Justice is in the process of approving theagreement. You signed a virtually identical package in early 

June, but due to changes in the documents stemming from the 

purchaser's decision to buy additional land at the site, we are 

resubmitting" these papers for your approval. 

In accordance with EPA's Policy on' Prospective Purchasers of 

Contaminated Property, dated May 24, 1995, a Notice is to be 

published in the Federal Register which gives the public 30 days 

to comment upon a settlement. 

For your information, the attached agreement was made pursuant to 

CERCLA § 9601 st seq. In this agreement, the purchasers have 

agreed to conduct demolition of the on-site groundwater treatment 

facility at the end of its useful life, to pay the United States 

$10,000, to provide access for any future response actions on the 

property, and to record and abide by institutional controls for 

the property that are part of the remedial action at the site. As 

a result, EPA is encouraging the beneficial reuse of the Norwood 

site. The prospective purchaser intends to construct an auto 

auction facility or 'car dealership on the property, a use 

consistent with the locality. The purchasers have received 

contribution protection from third parties, and EPA has agreed 

that it will not pursue the purchasers for any injunctive relief" 

or response costs relating to the existing contamination at the 

site. 

COMCURfiENCES 

SYMBOL y 

SURNAME y 

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EPA Form 132(5-1 A ("1/90) Printed on Recycled Paper 

OFFICJAL FILE COPY 

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y°y\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

• ^ % REGION 1 

I J2SS ^ '^^^^ ^' ^^^^^^^ FEDERAL BUILDING 

X"^*^'^ ^ BOSTON, MASSACHUSETTS 02203-0001 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

Honorable Lois J. Schiffer 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611 

Ben Franklin Station 

Washington, D.C. 20044 

Re: Referral of Prospective Purchaser Agreement -- Norwood PCB 

Superfund Site, Norwood, Massachusetts 

Dear Ms. Schiffer: 

With this letter I enclose a settlement analysis and a CERCLA 

Prospective Purchaser Agreement ("PPA") which relate to the 

Norwood PCB site in Norwood, Massachusetts (the "Site"). 

Under the proposed PPA, the prospective owner has agreed to: 

conduct response action at the site in the form of the demolition 

of a groundwater treatment building at the end of its useful life 

(work valued at $87,188) pay the United States $10,000; provide 

access to EPA, the State, and parties performing cleanup under a 

consent decree; and record and abide by institutional controls. 

In exchange for these commitments, the United States grants the 

prospective purchaser^the standard releases under CERCLA Sections 

106 and 107, but not releases from natural resource damage 

claims. In addition, the agreement provides the prospective 

purchaser withXilERCLA contribution protection. More specific 

details of t>he entire proposed settlement are contained in the 

attached/settlement analysis. 

The'^proposed agreement is favorable to the United States and 

-Consonant with the Prospective Purchaser policy. The agreement 

provides the United States with response work it would otherwise 

need to fund on its own as well as direct monetary consideration 

and also secures a commitment for the prospective purchaser to 

provide access and abide by institutional controls. Additionally, 

the prospective purchaser will be locating its operation on a 

Superfund site, promoting the national and regional EPA goals of 

encouraging the beneficial reuse of Superfund sites. 

The Region has consulted with EPA Headquarters on this 

settlement. EPA Headquarters concurrence is not required for 

this settlement, so the Region is sending a copy of these 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsunner) 
documents to the Office of Enforcement and Compliance Assurance 

under separate cover. 

Finally, I would like to note that Steve Gold of your staff was 

an invaluable member of the government's negotiating team and a 

true advocate for moving this property to beneficial reuse. If 

Steve or any other member of your office has any questions 

regarding this referral, please have him or her contact Bill 

Walsh-Rogalski, Counsel for Special Projects, Office of the 

Regional Administrator at 565-3426. 

Sincerely, 

Patricia Meaney 

Assistant Regional Administrator 

Enclosure 

CC: Helen Keplinger (OE) 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Honorable Lois J; Schiffer 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611 

Ben Franklin Station 

Washington, D.C. 20044 

Re: Referral of Prospective Purchaser Agreement 

Superfund Site, Norwood, Massachusetts 

-- Norwood PCB 

Dear Ms. Schiffer: 

With this letter I enclose a settlement analysis and a CERCLA 

Prospective Purchaser Agreement ("PPA") which relate to the 

Norwood PCB site in Norwood, Massachusetts (the "Site") . 

Under the proposed PPA, the prospective owner has agreed to: 

conduct response action at the site in the form of the demolition 

of a groundwater treatment building at the end of its useful life 

work valued at $87,188) pay the United States $10,000; provide 

access to EPA, the State, and parties performing cleanup under a 

consent decree; and record and abide by institutional controls. 

In.exchange for these commitments, the United States grants the 

prospective purchaser the standard releases under CERCLA Sections 

106 and 107, but not releases from natural resource damage 

claims. In addition, the agreement provides the prospective 

purchaser with CERCLA contribution protection. More specific 

details of the entire proposed settlement are contained in the 

attached settlement analysis. 

The proposed agreement is favorable to the United States and 

consonant with the Prospective Purchaser policy. The agreement 

provides the United States with response work it would otherwise 

need to fund on its own as well as direct monetary consideration 

and also secures a commitment for the prospective purchaser to 

provide access and abide by institutional controls. Additionally, 

the prospective purchaser will be locating its operation on a 

Superfund site, promoting the national and regional EPA goals of 

encouraging the beneficial reuse of Superfund sites. 

Th6 Region haij UOnsultida wiLlJ(.(g,gg^^^quaiLfciib un Lhls 

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TJ S.r.ovaforrwnl PrinIlnaOfflc«: 1992— 620-3i&''.'Oa72 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION I 

IN THE MATTER OF: 

Joseph Laham and 921, Inc 

Acquisition 

of Property in Norwood, 

Massachusetts 

) 

) EPA Docket Number 

) 

UNDER THE AUTHORITY OF THE 

COMPREHENSIVE ENVIRONMENTAL 

RESPONSE, COMPENSATION, AND 

LIABILITY ACT OF 1980, 42 U.S.C. 

Section 9601 et seq. as amended 

AGREEMENT AND COVENANT 

NOT TO SUE 

Re: Joseph Laham and 

921, Inc. 

Norwood Superfund Site 

I.. INTRODUCTION 

1. This Agreement and Covenant Not to Sue ("Agreement") is 

made and entered into by and between the United States 

Environmental Protection Agency ("EPA") and Joseph Laham and 921, 

Inc. ("Settling Respondents") (collectively EPA and Settling 

Respondents are "the Parties"). This Agreement is being approved 

by the Assistant Attorney General of the Environment and Natural 

Resources Division pursuant to the inherent authority of the 

Attorney General to settle claims of the United States, as 

ae±egacea. COHCURREMCES 

SYMBOL 

SURNAME V 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION I 

IN THE MATTER OF: 

Joseph Laham and 921, Inc. 

Acquisition 

of Property in Norwood, 

Massachusetts 

UNDER THE AUTHORITY OF THE 

COMPREHENSIVE ENVIRONMENTAL 

RESPONSE, COMPENSATION, AND 

LIABILITY ACT OF 1980, 42 U.S.C. 

Section 9601 et seq. as amended 

EPA Docket Number CERCLAI-97-1044 

AGREEMENT AND COVENANT 

NOT TO SUE 

Re: Joseph Laham and 

921, Inc. 

Norwood Superfund Site 

I. INTRODUCTION 

1. This Agreement and Covenant Not to Sue ("Agreement") is 

made and entered into by and between the United States 

Environmental Protection Agency ("EPA") and Joseph Laham and 921, 

Inc. ("Settling Respondents") (collectively EPA and Settling 

Respondents are "the Parties"). This Agreement is being approved 

by the Assistant Attorney General of the Environment and Natural 

Resources Division pursuant to the inherent authority of the 

ney Gene] ;tl2 claims of the United Stats'; 

delegated. 

2. EPA and the Settling Respondents enter into this 

Agreement pursuant to the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980, as amended ("CERCLA"), 

42 U.S.C. § 9601, et seq. 

3. The Parties agree that the Settling Respondents' entry 

into this Agreement, and the actions undertaken by the Settling 
Respondents in accordance with the Agreement, do not constitute 

an admission of any liability by the Settling Respondents. 

4. Joseph Laham is a Massachusetts resident who resides at 7 

Storrow Circle, Westwood, MA. 921, Inc. is a corporation 

established under the laws of Massachusetts with its principal 

place of business at 700 Providence Highway, Norwood, MA. The 

obligations of Joseph Laham and 921, Inc. under this Agreement 

are joint and several, except to the extent provided by Paragraph 

46. In the event of the insolvency or other failure of either of 

the Settling Respondents to implement the requirements of this 

Agreement, the remaining Settling Respondent shall complete all 

such requirements unless excused under Paragraph 46. 

5. The Norwood PCB Superfund Site ("the Site") is located 

in Norwood, Massachusetts, bounded by and including Meadow Brook 

to the north, and generally bounded by a residential neighborhood 

to the west along Pellana Road, Route 1 to the east and Dean 

Street to the south. The Site is generally depicted on the map 

included as Exhibit 1 to this Agreement. 

6. The Site was used as a manufacturing location from at 

least 1947 until 1994. As a result of some of these 

manufacturing operations, the Site became cojntaminated by a 

variety of hazardous substances. Pursuant to Section 105 of 

CERCLA, 42 U.S.C. § 9605, EPA placed the Site on the National 

Priorities List, set forth at 40 C.F.R. Part 300, Appendix B, by 

publication in the Federal Register June 10, 1986, 51 Fed. Reg. 

21099. EPA and the Massachusetts Department of Environmental 
Protection ("DEP") are causing the Site to be remediated pursuant 

to CERCLA and M.G.L. c. 21E. 

7. Federal Pacific Electric Company, Inc. and CornellDubilier Electronics, Inc. ("Settling Defendants") have entered 

into a consent decree with the United States and the Commonwealth 

of Massachusetts in the consolidated civil actions captioned U.S. 

V. Federal Pacific Electric^ Inc.^ et al. and Commonwealth of 

Massachusetts v. Federal Pacific Electric, Inc.^ et al.. Docket 

Numbers 92-11924-T and 92-12526-T (D. Mass.), respectively. 

Under the terms of that consent decree (the "Consent Decree") , 

the Settling Defendants are conducting certain Response Actions 

at the Site consistent With the ROD as Modified by the ROD 

Amendment for the Site. Upon the completion of soil remediation 

and the razing of the manufacturing building, Settling 

Respondents intend to convert the Property to productive retail 

use, such as an automobile auction facility or other use allowed 

by the Town of Norwood that is consistent with the Institutional 

Controls, as defined below. In recognition of the Town's 

cooperation in developing the Property for beneficial reuse, the 

Settling Respondents intend, subject to the Town's agreement and 

approval, to donate to the Town an electric vehicle for Town use 

with the goal of reducing vehicle emissions and promoting the use 

of electric vehicles in the Commonwealth of Massachusetts, which 

is a serious non-attainment area for ozone. The Settling 

Respondents intend to coordinate Site preparation and 

construction activities related to the intended reuse of the 
Property, which activities comprise the Redevelopment Activities 

set forth in Exhibit 5, with certain Response Actions being 

undertaken by the Settling Defendants under the Consent Decree. 

The Redevelopment Activities are being coordinated between the 

Settling Respondents and the Settling Defendants in the following 

manner: The Settling Respondents have submitted to the Settling 

Defendants proposed modifications to the remedial design plans 

that allow for the Redevelopment Activities to occur 

simultaneously with Response Actions, so that upon completion of 

certain of the Response Actions, the Property will be prepared 

for commercial reuse. Pursuant to the terms of the Consent 

Decree, Settling Defendants will have incorporated these plans 

and the specific work activities related to them into their Final 

Remedial Design Report/Remedial Action Work Plan (the "Plan") to 

be submitted to EPA for review and approval. Upon approval of 

the Plan by EPA, Settling Defendants will fund and conduct the 

Response Actions contained in the approved Plan, and Settling 

Respondents will fund and conduct all Redevelopment Activities. 

8. The Parties agree to undertake all actions required by 

the terms and conditions of this Agreement. The purpose of this 

Agreement is to settle and resolve, subject to reservations and 

limitations contained in Sections X (Certification), XI (United 

States' Covenant Not To Sue), XII (Reservation of Rights) and 

XIII (Settling Respondents' Covenant Not To Sue), the potential 

liability of the Settling Respondents for the Existing 

Contamination at the Site which would otherwise result from 
Settling Respondents' becoming an owner or operator of the 

Property. 

9. The resolution of the Settling Respondents' potential 

liability, in exchange for provision by the Settling Respondents 

to EPA of a substantial benefit, is in the public interest. 

10. Prior to receiving any financing, lending, purchase 

money mortgage, or other funding. Settling Respondents shall 

provide a copy of this Agreement to the financier, lender, 

current owner, or other lending institution. 

II. DEFINITIONS 

11. Unless otherwise expressly provided herein, terms used 

in this Agreement which are defined in CERCLA or in regulations 

promulgated under CERCLA shall have the meaning assigned to them 

in CERCLA or in such regulations. 

a. "Effective Date" shall mean the effective date of 

this Agreement, as defined in Section XX (Effective Date). 

b. EPA shall mean the United States Environmental 

Protection Agency and any successor departments or agencies of 

the United States. 

c. "Existing Contamination" shall mean any hazardous 

substances, pollutants or contaminants, present or existing on or 

under the Site as of the Effective Date of this Agreement. 

d. "Grant Gear Decree" shall mean the consent decree 

in United States v. The Grant Gear Works, et. al.. CA. No. 91-

13381-Y (D.Mass.), between the United States and the defendants 

Robert J. Hurley, and John F. Hurley, as Trustees of the Grant 
Gear Realty Trust, and Grant Gear Works, Inc. entered by the 

Court on July 22, 1992, including any subsequent amendment or 

modification thereto or any superseding amended consent decree 

approved by the Court. 

e. "Groundwater Treatment Plant" shall mean the system 

constructed on the Site on behalf of EPA and DEP to remediate the 

groundwater at the Site as set forth in the ROD as Modified by 

the ROD Amendment. 

f. "Institutional Controls" shall mean: (i) the 

covenants, conditions, and restrictions and other equivalent 

requirements and controls developed pursuant to the Grant Gear 

Decree and recorded with the Norfolk County Registry of Deeds as 

required by the Grant Gear Decree (the Existing Grant Gear 

Institutional Controls, attached as Exhibit 2 hereto); (ii) the 

covenants, conditions, and restrictions and other equivalent 

requirements and controls developed pursuant to the ROD as 

Modified by the ROD Amendment (the Modified Institutional 

Controls, attached as Exhibit 7 hereto); and (iii) the covenants, 

conditions and restrictions and other equivalent requirements and 

controls developed pursuant to any future record of decision or 

action memoranda for the Site or the Property to ensure the 

integrity and effectiveness of the Response Actions at or 

pertaining to the Site. 

g. "Parties" shall mean EPA, and the Settling 

Respondents. 
h. "Property" shall mean that portion of the Site 

which is currently owned by Joseph Laham, including parcels 

located at and adjacent to 921 Providence Highway and 65 Kerry 

Place, Norwood, Massachusetts, as described by deeds attached as 

Exhibit 3. 

i. Redevelopment Activities shall mean those 

activities described in Exhibit 5 that will be financed 

exclusively by the Settling Respondents. 

j. "ROD as Modified by the ROD Amendment" shall mean 

the EPA Record of Decision relating to the Site signed on 

September 29, 1989, by the Regional Administrator, EPA Region I, 

as modified by the ROD Amendment relating to the Site signed on 

May 17, 1996, by the Director of the Office of Site Remediation 

and Restoration, EPA Region I. 

k. "Response Action" shall mean "removal" or "remedial 

action" as those terms are defined in Section 101 of CERCLA, 42 

U.S.C. § 9601, including any Institutional Controls determined to 

be necessary for the Property or Site. 

1. "Section" shall mean a portion of this Agreement 

identified by an upper case Roman numeral and "Paragraph" shall 

mean a portion of this Agreement identified by an Arabic numeral. 

m. "Settling Respondents" shall mean Joseph Laham, 

individually, and 921, Inc. "Settling Respondent(s)" shall also 

mean any person or entity to whom the rights, benefits and 

obligations of this Agreement have been assigned or transferred 
pursuant to Section XIV (Parties Bound/Transfer of Covenant) of 

this Agreement. 

n. "Site" shall mean the Norwood PCB Superfund Site, 

located in Norwood, Massachusetts, generally bounded by and 

including Meadow Brook to the north, and bounded by a residential 

neighborhood to the west along Pellana Road, Route 1 to the east 

and Dean Street to the south. The Site is generally depicted on 

the map included as Exhibit 1 to this Agreement. The Site shall 

include the Property, and all areas to which hazardous substances 

and/or pollutants or contaminants, have been released. 

o. "United States" shall mean the United States of 

America, its departments, agencies, and instrumentalities. 

III. STATEMENT OF FACTS 

12. The Site is a "facility" as that term is defined in 

Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). Portions of the 

Site, including the Property, contain soil contaminated with 

hazardous substances such as poiychiorinated biphenyls ("PCBs"). 

Portions of the Site, including the Property, are also underlain 

with groundwater contatminated with hazardous substances such as 

volatile organic compounds ("VOCs"). A former manufacturing 

building on the Property was contaminated with hazardous 

substances such as PCBs. It has been demolished pursuant to the 

Consent Decree and the demolition debris will remain at the Site. 

The soil, groundwater, and former manufacturing building at the 

Property, are currently being remediated as part of the Response 
Actions for the Site, as described in the ROD as Modified by the 

ROD Amendment. 

13. Settling Respondents have recently purchased the 

parcels comprising the Property, and intend to develop the 

Property for a retail use. It is anticipated that the Settling 

Respondents will cover and/or cap with asphalt the remaining 

portions of the Property not requiring Response Actions under the 

ROD as Modified by the ROD Amendment. 

14. The United States, on behalf of EPA, is entering this 

agreement with Settling Respondents as prospective "owners" or 

"operators" of a facility within the meaning of Section 107(a)(1) 

of CERCLA, 42 U.S.C. § 9607(a)(1). 

15. Settling Respondents represent, and for the purposes of 

this Agreement EPA relies on those representations, that Settling 

Respondents' involvement with the Property and the Site has been 

limited to potentially developing the Property for retail use. 

None of these activities has caused or contributed to the release 

or threatened release of hazardous substances under Section 107 

of CERCLA, 42 U.S.C. § 9607. 

IV. CONVEYANCE OF PROPERTY/NOTICE TO SUCCESSORS IN INTEREST 

AND ASSIGNS 

16. Within 15 days after the Effective Date of this 

Agreement, the Settling Respondents shall record certified copies 

of this Agreement and Exhibit 1 hereto with the Norfolk County 

Registry of Deeds, Norfolk County, Massachusetts. Thereafter, 

each deed, title, or other instrument conveying an interest in 
the Property shall contain a notice stating that the Property is 

subject to this Agreement. 

17. At least 30 days prior to the conveyance of any 

interest in the Property, including, but not limited to, fee 

interests, leasehold interests, and mortgage interests, the 

Settling Respondent conveying the interest shall give written 

notice of this Agreement and the Institutional Controls to the 

grantee and written notice to EPA of the proposed conveyance, 

including the name and address of the grantee, and the date on 

which notice of this Agreement and Insti1:utional Controls was 

given to the grantee. Any conveyance shall be made consistent 

with Section XIV (Parties Bound/Transfer of Covenant) and in no 

event shall the conveyance release or otherwise affect the 

liability of the Settling Respondents to comply with the 

requirements of Section VI (Redevelopment Activities and Trust 

Fund), Section VII (Work to be Performed), Section VIII 

(Access/Institutional Controls), Section XVI (Document 

Retention), Section XVII (Payment of Costs) and Section XXIII 

(Contribution Protection), except as agreed to by EPA pursuant to 

Paragraph 44. If the United States approves, the grantee may 

perform some or all of th-a Work under this Agreemanc. 

V. PAYMENT 

18. In consideration of and in exchange for the United 

States' Covenant Not to Sue in Section XI herein, Settling 

Respondents agree to perform the Work described in Section VII 

(Work To Be Performed) below and to pay to EPA the sum of $10,000 

10 
within ten days of the Effective Date. Settling Respondents 

shall make all payments required by this Agreement in the form of 

a certified check or checks made payable to "EPA Hazardous 

Substance Superfund," referencing the EPA Region, Docket number, 

and Site/Spill ID# 01-51, and DOJ case number 90-11-2-372E. 

Settling Respondents shall forward the certified check(s) to EPA 

Region I, Attn: Superfund Accounting, P.O. Box 360197 M, 

Pittsburgh, PA 15251. Notice of payment shall be sent to those 

persons listed in Section XVIII (Notices and Submissions) and to 

Chief, Environmental Enforcement Section, Environment and Natural 

Resources Division, U.S. Department of Justice, P.O. Box 7611, 

Washington, D.C. 20044-7611. 

19. Amounts due and owing pursuant to the terms of this 

Agreement but not paid in accordance with the terms of this 

Agreement shall accrue interest at the rate established pursuant 

to Section 107(a) of CERCLA, 42 U.S.C. §9607(a), compounded on an 

annual basis. 

VI. REDEVELOPMENT ACTIVITIES M D TRUST FUND 

20. The Settling Respondents acknowledge that certain 

redevelopment activities as set forth in Exhibit 5 (the 

"Redevelopment Activities") will be' incorporated into- the Final 

Remedial Design Report/Remedial Action Work Plan so as to 

accommodate the Settling Respondents' reuse of the Site. 

Settling Respondents agree to finance all Redevelopment 

Activities, and to assure that such Redevelopment Activities are 

conducted in a timely and appropriate fashion so that they do not 

11 
interfere with the remediation process and so that they do not 

affect the protectiveness or integrity of the Response Actions. 

21. Within ten (10) days of the Settling Respondents' 

signature of this Agreement, the Settling Respondents shall 

present to EPA for approval a fully executed trust agreement (the 

"Trust Agreement") establishing the Laham/921 Providence Highway 

Trust (the "Trust") in the form attached as Exhibit 6 and shall 

notify EPA of the identity and qualifications of the Trustee. 

The Trust Agreement shall confer upon the Trustee powers and 

authorities required or sufficient to finance the obligations of 

the Settling Respondents to pay for all Redevelopment Activities. 

Within ten days of EPA's approval of the Agreement, Settling 

Respondents shall pay into the Trust Fund $594,000. Money paid 

into the Trust by the Settling Respondents pursuant to this 

Paragraph and Paragraph 23 shall be used solely to pay proper and 

necessary expenses for the Redevelopment Activities. The Trust 

assets may not be used to pay penalties and shall not be used to 

pay attorneys' fees or other legal costs of the Settling 

Respondents. 

22. Settling Respondents shall provide EPA with written 

:.iOi::,._ce at least tv/enty days in advance of any proposed change in 

the Trust Agreement or of the Trustee. EPA, through its 

acceptance of the terms and conditions of the Trust Agreement or 

otherwise, does not guarantee the monetary sufficiency of the 

Trust or the legal sufficiency of the Trust Agreement. 

12 
23. The Trust Agreement shall provide that the Trustee 

shall, within thirty days of the Effective Date and every sixty 

days thereafter, submit to EPA and the Settling Respondents 

financial reports that include: (a) the estimated cost of the 

remaining Redevelopment Activities (the "Estimated Cost of the 

Remaining Redevelopment Activities") ; (b) a statement of the 

remaining balance in the Trust; and (c) a statement whether the 

remaining Trust balance exceeds the combined value of the 

Estimated Cost of the Remaining Redevelopment Activities plus a 

$54,000 contingency amount. Settling Respondents shall, within 

ten days of issuance of the Trustee's report, deposit into the 

Trust amounts sufficient to bring the level of the Trust balance 

up to an amount that equals the combined value of the Estimated 

Cost of the Remaining Redevelopment Activities plus the $54,000 

contingency amount. Settling Respondents shall in any event make 

payments to the Trust when and to the extent necessary, as 

determined by EPA, to ensure the uninterrupted progress and 

timely completion of the Redevelopment Activities as they relate 

to the Response Actions. Within thirty days of EPA Certification 

of Completion of the Settling Defendants' Remedial Action 

pu.rsuant to section XIV of the Jonsant Decree, Settling 

Respondents shall certify to EPA that all Redevelopment 

Activities are complete. EPA shall have thirty days to identify 

to Settling Respondents any remaining Redevelopment Activities 

that require completion, which Settling Respondents shall 

complete within thirty days of such notice or within any other 

13 
period of time agreed to by EPA. Once all remaining 

Redevelopment Activities are certified complete by Settling 

Respondents and acknowledged as complete by EPA, any money 

remaining in the Trust Fund may be returned to the Settling 

Respondents in accordance with the terms of the Trust Agreement* 

VII. WORK TO BR PERFORMED 

24. Settling Respondents agree to undertake, at their 

expense, the removal or dismantling of the structure housing the 

Groundwater Treatment Plant ("the Work") as set forth in greater 

particularity in the Statement of Work ("SOW") attached as 

Exhibit 4. 

VIII. ACCESS/INSTITUTIONAL CONTROLS 

25. Beginning on the day that Settling Respondents sign 

this agreement, and continuing each day during their term of 

ownership or lease. Settling Respondents shall grant, pursuant to 

the terms of this Agreement, to EPA and DEP, their authorized 

officers, employees, representatives, and all other persons 

performing Response Actions on behalf of or under the oversight 

of EPA or DEP, an irrevocable right of access at all reasonable 

times to the Property and, to the extent access to such other 

property is controlled by such Settling Respondents, ro any other 

property to which access is required for the implementation, 

operation and maintenance of Response Actions at the Site, or for 

the purposes of performing and overseeing Response Actions at the 

Site under federal law. 

14 
26. Notwithstanding any provision of this Agreement, EPA 

retains all of its access authorities and rights, including 

enforcement authorities related thereto, under CERCLA, the 

Resource Conservation and Recovery Act, 42 U.S.C. § 6901, £t seq. 

("RCRA"), and any other applicable statutes or regulations, 

including any amendments thereto. 

27. Subject to Section XIV (Parties Bound/Transfer of 

Covenant), the Settling Respondents shall require that assignees 

or any successors-in-interest, lessees, and sublessees of the 

Property provide the same access and cooperation as is required 

by this Agreement. 

28. Settling Respondents acknowledge the existence of the 

Existing Grant Gear Institutional Controls. Within ten days of 

receiving an "as-built" drawing showing the location of Class A, 

B, C, and D land at the Property as described in Exhibit 7 

hereto. Settling Respondents shall file and record in the 

Registry of Deeds, Norfolk County, Massachusetts, the Modified 

Institutional Controls (including a grant of environmental 

restrictions in the form of Exhibit 7 with the as-built drawing 

appended). Prior to recordation of the Modified Institutional 

Controls, 3e"ctling Respondencs shall not (i) perform, suffer, or 

allow or cause any person to perform at the Property any of the 

activities restricted by provisions l.A.(i), l.A.(ii), l.A.(iii), 

and l.A. (iv) ("Restricted Uses") of Exhibit 7; (ii) perform, 

suffer, or allow or cause any person to perform at the Property 

any excavation, except as part of activities conducted pursuant 

15 
to the Final Remedial Design Report/Remedial Action Work Plan or 

as otherwise approved in writing in advance by EPA; or (iii) 

encumber the title to the Property in any way. 

29. Before recording the Modified Institutional Controls, 

Settling Respondents shall provide to the United States such 

certification of title as EPA deems necessary to allow for the 

United States' acceptance of the Modified Institutional Controls 

as grantee. Settling Respondents shall notify EPA in writing 

within ten days after Settling Respondents learn of any property 

interest or encumbrance on the title to the Property that may 

impair the validity or effectiveness of t:he Modified 

Institutional Controls. If EPA determines, based on notice from 

Settling Respondents or on any other information, that any 

property interest or encumbrance on the title to the Property may 

impair the validity or effectiveness of the Modified 

Institutional Controls, Settling Respondents shall provide for 

removal of such encumbrances or subordination of such interests 

within., thirty days of receiving notice from EPA that such action 

is required. 

30. Any proposed modification by Settling Respondents of 

the Institutional Controls shall require the approval of EPA, and 

without limitation, the filing and recording in the Registry of 

Deeds, Norfolk County, Massachusetts, of grant(s) of 

environmental restrictions or declaration(s) or modifications of 

declaration(s) of covenants, conditions, and restrictions that 

run with the Property, setting forth the Institutional Controls 

16 
applicable thereto. The form and substance of any declaration(s) 

or modifications of declaration(s) shall be those determined in 

the sole and absolute discretion of EPA and shall be subject to 

review and approval by EPA prior to filing. All such 

declaration(s) or modifications of declaration(s) shall be 

enforceable by the United States and shall provide that the 

United States have the right to inspect the Property at 

reasonable times and with prior notice (unless an emergency 

situation exists), to assess compliance with the declaration(s) 

or modification of the declaration(s). 

31. Grant(s) of environmental restrictions, declaration(s) 

or modifications of declaration(s) required to be filed pursuant 

to this Agreement shall conform with state and local law in order 

to create an enforceable property restriction that runs with the , 

land. Subject to Section XIV (Parties Bound/Transfer of 

Covenant), if a question arises as to the enforceability of a 

grant of environmental restrictions, declaration or modification 

of a declaration under state or local law after the same has been 

filed, the United States may require the Settling Respondents to 

execute and record, or to use best efforts to secure, an amended 

grant of environmental restrictions, declaration or amended 

modification of a declaration that is enforceable under state and 

local law. 

IX. DUE CARE/COOPERATION 

32. The Settling Respondents shall exercise due care at the 

Site with respect to the Existing Contamination and with respect 

17 
to all Response Actions undertaken by EPA or the Settling 

Defendants and shall comply with all applicable state and federal 

laws and regulations. The Settling Respondents shall also comply 

with all obligations needed to maintain the Institutional 

Controls as well as all obligations under this Agreement relating 

to Response Actions. 

33. The Settling Respondents recognize that the 

implementation of Response Actions at the Site may interfere with 

the Settling Respondents' use of the Property, may require 

modification of the Settling Respondents' construction design 

and/or modification of the Settling Respondents' construction 

plans and schedules, and may require temporary closure or 

cessation of Settling Respondents' operations or a part thereof. 

The Settling Respondents agree to cooperate fully with EPA, and 

all other persons performing Response Actions at the Site under 

EPA oversight, in the implementation of Response Actions at the 

Site, and further agree not to interfere with such Response 

Actions. EPA agrees, consistent with its responsibilities under 

applicable law, to use reasonable efforts to minimize any 

interference with the Settling Respondents' operations by such 

entry and response. The Settling Respondents further agree that 

they will promptly, and with EPA oversight, repair any damage 

Settling Respondents-, their assignees, lessees and sublessees 

cause to the cap, cover, ground water treatment facility, or any 

building, pipeline, or other structure or equipment constructed 

or operated as part of such Response Action. In the event the 

18 
Settling Respondents become aware of any action or occurrence 

which causes or threatens a release of hazardous substances, 

pollutants or contaminants at or from the Site that constitutes 

an emergency situation or may present an immediate threat to 

public health or welfare or the environment. Settling Respondents 

shall immediately take all appropriate action to prevent, abate, 

or minimize such release or threat of release, and shall, in 

addition to complying with any applicable notification 

requirements under Section 103 of CERCLA, 42 U.S.C. § 9603, or 

any other law, immediately notify EPA of such release or 

threatened release. EPA and Settling Respondents recognize that 

pursuant to the Consent Decree (referenced in Paragraph 7, 

above), the Settling Defendants have certain obligations to 

undertake specified Response Actions with respect to the Site, 

including emergency response pursuant to Consent Decree section 

XV (Emergency Response). Nothing in this Agreement shall be 

construed to relieve Settling Defendants of their emergency 

response obligations pursuant to the Consent Decree. In the 

event Settling Defendants fail to comply with such obligations, 

EPA will take whatever enforcement actions, if any, that EPA 

deems appropriate in i'cs sole discretion. In the event chat 

Settling Respondents perform emergency Response Actions pursuant 

to this Agreement that are within the Settling Defendants' 

emergency response obligations pursuant to the Consent Decree, 

Settling Respondents reserve their right to seek appropriate 

relief from Settling Defendants. Nothing in this Agreement shall 

19 
be construed to require Settling Respondents to undertake any 

obligation of Settling Defendants embodied in Consent Decree 

section VI (Performance of the Work by Settling Defendants) or 

Consent Decree section VII (Remedy Review). 

X. CERTIFICATION 

34. By entering into this Agreement, the Settling 

Respondents certify that to the best of their knowledge and 

belief they have fully and accurately disclosed to EPA all 

information known to Settling Respondents and all information in 

the possession or control of their officers, directors, 

employees, contractors and agents which relates in any way to any 

Existing Contamination or any past or potential future release of 

hazardous substances, pollutants or contaminants at or from the 

Site and to the Settling Respondents' qualification for this 

Agreement. The Settling Respondents also certify that to the 

best of their knowledge and belief they have not caused or 

contributed to a release or threat of release of hazardous 

substances or pollutants or contaminants at the Site. If the 

United States determines that information provided by Settling 

Respondents is not materially accurate and complete, the United 

States' Covenant Not to Sue in Section XI, within the sole 

discretion of the United States, shall be null and void and the 

United States reserves all rights it may have. 

XI. UNITED STATES' COVENANT NOT TO SUE 

35. Subject to the Reservation of Rights in Section XII of 

this Agreement, upon satisfactory completion of the Work 

20 
specified in Section VII (Work to Be Performed), upon recordation, 

of the Modified Institutional Controls pursuant to Paragraph 28, 

and upon payment of the amount specified in Section V (Payment), 

the United States, on behalf of EPA, covenants not to sue or take 

any other civil or administrative action against Settling 

Respondents for any and all civil liability for injunctive relief 

or reimbursement of response costs pursuant to Sections 106 or 

107(a) of CERCLA, 42 U.S.C. § 9606 or 9607(a), with respect to 

the Existing Contamination that may arise as a result of their 

ownership or operation of the Property. 

XII. RESERVATION OF RIGHTS 

36. The covenant not to sue set forth in Section XI above 

does not pertain to any matters other than those expressly 

specified in Section XI (United States' Covenant Not to Sue). 

The United States reserves and the Agreement is without prejudice 

to all rights against Settling Respondents with respect to all 

other matters, including but not limited to, the following: 

a. claims based on a failure by Settling Respondents 

to meet a requirement of this Agreement, including but not 

limited to, Section IV (Conveyance of Property/Notice to 

Successors in Interest and Assigns), Section V (Payment), Section 

VI (Redevelopment Activities and Trust Fund), Section VII (Work 

to Be Performed), Section VIII (Access/Institutional Controls), 

Section IX (Due Care/Cooperation), and Section XVII (Payment of 

Costs); 

21 
b. any liability resulting from the future release of 

hazardous substances, pollutants or contaminants, at or from the 

Site caused or contributed to by an act or omission of Settling 

Respondents or any corporate successors; 

c. any liability resulting from past or future 

releases of hazardous substances, pollutants or contaminants at 

or from the Site caused or contributed to by any act or omission 

of Settling Respondents' successors, assignees, lessees or 

sublessees; 

d. any liability resulting from exacerbation Of 

Existing Contamination caused by any act or omission of Settling 

Respondents, their successors, assigns, lessees or sublessees; 

e. any liability resulting from the release or threat 

of release of hazardous substances, pollutants or contaminants, 

at the Site after the Effective Date of this Agreement, not 

within the definition of Existing Contamina1;ion; 

f. criminal liability; 

g. liability for damages for injury to, destruction 

of, or loss of natural resources, including the reasonable costs 

of assessing such injury, destruction or loss; 

'h. liability for violations of local, state or federal 

law or regulations; and 

i. claims by the United States to modify Institutional 

Controls as necessary to protect human health and the environment 

pursuant to any future action memoranda or records of decision 

for or pertaining to the Property or Site for implementation of 

22 
Response Actions (including, without limitation, design, 

construction, operation, maintenance, monitoring, and use 

restrictions). 

37. With respect to any claim or cause of action asserted 

by the United States, the Settling Respondents shall bear the 

burden of proving that the claim or cause of action, or any part 

thereof, is attributable solely to Existing Contamination and 

based on Settling Respondents' ownership or operation of the 

Property. 

38. Nothing in this Agreement is intended as a release or 

covenant not to sue for any claim or cause of action, 

administrative or judicial, civil or criminal, past or future, in 

law or in equity, which the United States may have against any 

person, firm, corporation or other entity not a party to this 

Agreement. 

39. Nothing in this Agreement is intended to limit the 

right of EPA to undertake future Response Actions at the Site or 

to seek to compel parties other than the Settling Respondents to 

perform or pay for Response Actions at the Site. Nothing in this 

Agreement shall in any way restrict or limit the nature or scope 

of Response Actions which may be caken or be required by EPA in 

exercising its authority under federal law. Settling Respondents 

acknowledge that they are purchasing property where Response 

Actions are required. 

23 
XIII. SETTLING RESPONDENTS' COVENANT NOT TO .qiTF. 

40. In consideration of the United States' Covenant Not To 

Sue in Section XI of this Agreement, the Settling Respondents 

hereby covenant not to sue and not to assert any claims or causes 

of action against the United States including any department, 

agency or instrumentality, and its authorized officers, 

employees, or representatives with respect to the Site or this 

Agreement, including but not limited to: 

a. any direct or indirect claims for reimbursement 

from the Hazardous Substance Superfund established pursuant to 

the Internal Revenue Code, 26 U.S.C. § 9507, through §§ 

106(b)(2), 107, 111, 112, 113 of CERCLA, 42 U.S.C. §§ 9606(b)(2), 

9607, 9611-9613, or any other provision of law; 

b. any claim under CERCLA §§ 107 or 113, 42 U.S.C. §§ 

9607, 9613, related to the Site; 

c. any claims arising out of response activities at 

the Site, including claims based on EPA's implementation or 

selection of Response Actions, oversight of Response Actions, or 

approval of plans for such Response Actions; 

d. any claims for costs, attorneys' fees, other fees, 

or expenses incurred in connection with 'chis Agreement, including 

claims under 28 U.S.C. § 2412 (including claims under the Equal 

Access to Justice Act, as amended, 28 U.S.C. § 2412(d)); 

e. any claims under the United States Constitution or 

the Tucker Act, 28 U.S.C. § 1491, including claims based on EPA's 

oversight of or implementation of Response Actions, or approval 

24 
of plans for such Response Actions except where such claims arise 

pursuant to the modification of Institutional Controls under 

Paragraph 3 6.i; or 

f. any claims or causes of action for interference 

with contracts, business relations and economic advantage. 

41. The Settling Respondents reserve, and this Agreement is 

without prejudice to, actions against the United States based on 

negligent actions taken directly by the United States (not 

including oversight or approval of the Settling Respondents' or 

Settling Defendants' plans or activities) or actions for breach 

of this Agreement by the United States that are brought pursuant 

to any statute other than CERCLA and for which the waiver of 

sovereign immunity is found in a statute other than CERCLA or 

RCRA, such as the Contract Disputes Act, 41 U.S.C. § 601 et seq. 

Nothing herein shall be deemed to constitute preauthorization of 

a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 

9611, or 40 C.F.R. 300.700(d). 

XIV. PARTIES BOUND/TRANSFER OF COVENANT 

42. This Agreement shall apply to and be binding upon the 

United states on behalf of EPA, and shall apply to and be binding 

on the Settling Respondencs, their officers, directors, 

employees, and agents. Each signatory of a Party to this 

Agreement represents that he or she is fully authorized to enter 

into the terms and conditions of this Agreement and to legally 

bind such Party. 

25 
43. The United States' Covenant Not to Sue (Section XI) is 

non-transferrable except pursuant to this Section. 

44. Except as provided in Paragraph 46, notwithstanding any 

other provisions of this Agreement, all of the rights, benefits 

and obligations conferred upon Settling Respondents under this 

Agreement may be assigned or transferred to any other person only 

with the prior written consent of EPA in EPA's sole discretion. 

45. The Settling Respondents agree to pay the reasonable 

costs incurred by EPA to review any requests for consent to 

assign or transfer the obligations and benefits of this Agreement 

relating to the Property. 

46. At his option and without EPA approval, Joseph Laham may 

transfer title to the Property along with the rights and benefits 

conferred by this Agreement to 921, Inc. at any time without EPA 

approval; however, any such transfer of title shall not limit or 

reduce Joseph Laham's obligations as a Settling Respondent 

pursuant to Section VI (Redevelopment Activities and Trust Fund); 

Section VII (Work to Be Performed); Section XVI (Document 

Retention); Section XVII (Payment of Costs); and Section XXIII 

(Contribution Protection). In addition, Settling Respondents may 

transfer the Property along with the rights and benefits 

conferred by this Agreement to a third party assignee or 

transferee without EPA approval if and only if the conditions set 

forth in a. and b. below are satisfied: 

a. Prior to transfer. Settling Respondents shall 

either: (i) satisfy all obligations of Section VI (Redevelopment 

26 
Activities and Trust Fund); Section VII (Work to Be Performed); 

Section VIII (Access/Institutional Controls); Section XVI 

(Document Retention); Section XVII (Payment of Costs); and 

Section XXIII (Contribution Protection); on (ii) Settling 

Respondents shall transfer the Property while retaining legal 

responsibility under this Agreement for satisfying any 

outstanding obligations of Sections VI, VII, VIII, XVI, XVII and 

XXIII; and, 

b. Prior to the transfer, the assignee or transferee 

provides to EPA its written consent to become a Settling 

Respondent to this Agreement and to be bound by the terms of this 

Agreement including, but not limited to. Section VIII 

(Access/Institutional Controls), Section IX (Due 

Care/Cooperation), Section X (Certification) and Section XIII 

(Settling Respondents' Covenant Not to Sue). If and only if the 

assignee or transferee satisfies the requirements of this 

Paragraph and complies with all terms of this Agreement shall the 

United States' Covenant Not to Sue set forth in Section XI be 

effective as to such assignee or transferee. The provisions of 

this Paragraph shall also apply to any subsequent assignment or 

uransfer of any interest j./i the .ProparLy by persons other than 

the Settling Respondents. 

47. If any future lessee of the Property provides to EPA 

its written consent to become a Settling Respondent to this 

Agreeement and to be bound by the terms of this Agreement, 

including but not limited to Section X (Certification) and 

27 
Section XIII (Settling Respondents' Covenant Not to Sue), and 

such lessee complies with all terms of this Agreement, then the 

United States' Covenant Not to Sue set forth in Section XI shall 

be effective as to such lessee. 

XV. DISCLAIMER 

48. This Agreement in no way constitutes a finding by EPA 

as to the risks to human health and the environment which may be 

posed by contamination at the Property or the Site nor 

constitutes any representation by EPA that the Property or the 

Site is fit for any particular purpose. 

XVI. DOCUMENT RETENTION 

49. The Settling Respondents agree to retain and make 

available to EPA all business and operating records, contracts. 

Site studies and investigations, and documents relating to 

operations at the Property, for at least five years following the 

Effective Date of this Agreement, or until satisfactory 

performance of the Work as set forth in Section VII (Work To Be 

Performed), whichever is longer, unless otherwise agreed to in 

writing by the Parties. At the end of this time period, the 

Settling Respondents shall notify EPA of the location of such 

documents and shall provide EPA with an opportunity ro copy any 

documents at the expense of EPA. 

XVII. PAYMENT OF COSTS 

50. If Settling Respondents fail to comply with the terms 

of this Agreement, Settling Respondents shall be liable for all 

28 
litigation and other enforcement costs incurred by the United 

States to enforce this Agreement or otherwise obtain compliance. 

XVIII. NOTICES AND SUBMISSIONS 

51. Whenever, under the terms of this Agreement, written 

notice is required to be given or a document is required to be 

sent by one party to another, it shall be directed to the 

individuals at the addresses specified below, unless those 

individuals or their successors give notice of a change to the 

other parties in writing. 

As to EPA; 

Remedial Project Manager 

Norwood PCB Superfund Site 

United States Environmental Protection Agency 

Region I 

JFK Federal Building 

Boston, MA 02203 

Re: 01-51 

Director, Office of Environmental Stewardship 

United States Environmental Protection Agency 

Region I 

JFK Federal Building (RCU) 

Boston, MA 02203 

Re: 01-51 

As to Settling Respondents: 

Joseph Laham 

700 Providence Highway 

Norwood, MA 

XIX. OPPORTUNITY FOR PUBLIC COMMENT 

52. EPA shall publish notice of the Agreement in the 

Federal Register for a 30 day public comment period, after which 

EPA may withdraw its consent to this Agreement if the comments 

received disclose facts or considerations which indicate that 

this Agreement is inappropriate, improper or inadequate. 

29 
XX. EFFECTIVE DATE 

53. The effective date of this Agreement shall be the date 

upon which EPA issues written notice to Settling Respondents that 

EPA has fully executed the Agreement after review of and response 

to any public comments received. 

XXI. ATTORNEY GENERAL APPROVAL 

54. The Assistant Attorney General of the Environment & 

Natural Resources Division approves this Agreement pursuant to 

the inherent authority of the Attorney General to settle claims 

of the United States as delegated. 

XXII. TERMINATION OF INSTITUTIONAL CONTROLS 

55. If any Party believes that any or all of the 

obligations under Section VIII (Access/Institutional Controls) 

are no longer necessary to ensure compliance with the 

requirements of the Agreement, that Party may request in writing 

that the other Parties agree to terminate the provision(s) 

establishing such obligations. The provision(s) in question 

shall continue in force unless and until the Party requesting 

such termination receives written agreement from all other 

Parties to terminate such provision(s). 

XXIII.. CONTRIBUTION PROTECTION 

56. With regard to claims for contribution against Settling 

Respondents, the Parties hereto agree that the Settling 

Respondents are entitled to such protection from contribution 

actions or claims as is provided by Section 113(f)(2) of CERCLA, 

42 U.S.C. § 9613(f)(2), for Matters Addressed in this Agreement. 

30 
The Matters Addressed in this Agreement are all Response Actions 

and costs incurred or to be incurred by the United States or any 

other person for the Site with respect to the Existing 

Contamination. 

57. The Settling Respondents agree that with respect to any 

suit or claim for contribution brought by them for matters 

related to this Agreement they will notify the United States in 

writing no later than 60 days prior to the initiation of such 

suit or claim. 

58. The Settling Respondents also agree that with respect 

to any suit or claim for contribution brought against them for 

matters related to this Agreement they will notify in writing the 

United States within 10 days of service of the complaint on 

Settling Respondents. 

XXIV. EXHIBITS 

59. Exhibit 1 is the map depicting the Site and the 

Property. 

60. Exhibit 2 is the Existing Grant Gear Institutional 

Controls instrument. 

61. Exhibit 3 consists of the deeds describing the parcels 

that constiC^^c; u-^.a r'lopercy. 

62. Exhibit 4 is the Statement of Work for Demolition of 

the Groundwater Treatment Plant. 

63. Exhibit 5 is the List of Redevelopment Activities. 

64. Exhibit 6 is the 921 Providence Highway/Laham Trust 

Agreement. 

31 
65. Exhibit 7 is the Modified Institutional Controls 

instrument. 

IT IS SO AGREED: 

FOR UNITED STATES ON BEHALF OF THE ENVIRONMENTAL PROTECTION 

AGENCY: 

Patricia Meaney / / Date 

Assistant Regional 'Admin;i^trator 

U.S. Environmental Protection Agency, 

Region I 

J.F.K. Federal Building 

Boston, Massachusetts 02203 

Lois J. Schiffer Date 

Assistant Attorney General 

Environment and Natural Resources Division 

U.S. Department of Justice 

Washington, D.C. 2053 0 

32 
In the matter of Joseph Laham et al. — Agreement and Covenant 

Not to Sue, Docket Number CERCLA 1-97-1044. 

IT IS SO AGREED: 

For: Joseph Lah 

For: 

^ ^ y 9y 

' ^ Dat e 

^7-^^' , P 7 

Date 

33 
VICINITY MAP 
tXHIBlT l 

(ICOOCO 

'«3iifCi.iccoufiry RESIST rroFOCZX 

»nEir1| 

cu»!*-M> 1 ^ 9697 0 659 

UnnrtT. HANHON. nBSisxa 

Notice of Institutional Controls under tha Comprehensive 

Snvironaental Response, Compensation, and Liability 

Act (CESCUi.) , Kl U.S.C. §9601 et, aeq-, 

NOTICE OF INSTITUTIONAL CONTROLS IS HEREBY GIVEN by the owner of 

reai prcperty in the Commonweaitih of Massachusetts (referred to 

hereinafter as tihe "Property") , purchased by John F. Hurley and 

Robert J. Hurley, Trustees of Grant Gear Realty Trust (the "Owner") , 

fron Jack Friedland, Leonard Friedland, and Harold Friedland, as 

recorded by deed dated October 31, 1979, in Book 5670, page 30 at 

the Norfolk County Registry of Deeds, and described as Lot l of the 

properiiy, as shown on a plan entitled "Plan of La.nd in Norwood, 

Mass.", dated September 28, 1979, prepared by Norwood Engineering 

Co., Inc., filed as Plan 981 of 1979 of Plan Book 278 at the Norfolk 

County Registry of Deeds. 

WHEREAS, this Notice of Institutional Controls (the "Notice") 

defines limitations and restrictions imposed on "owners and 

operators" of tha Property, as those terms are defined under the 

Comprehensive Environmental Response, Compensation, and Liability 

j Act of 1980 (CERCLA), as amended^ 42 U.S.C. § 9601 et sea. This 

Notice further describes the conditions, requirements and procedures 

that suca ovi-nars and, cpera-crs nust follow in order to remove or 

modify the covenants and restrictions imposed under this Notice or 

1 take restricted action consistently therewith; and 

WHEREAS, the Property is part: of a federal Superfund site which 

e U.S. Environmental Protection Agency ("EPA"), pursuant to 

action 105 of CERCLA, 42 U.S.C. § 9605, placed on the National 

Priorities List, set forth at 40 C.F.R. Part 300, Appendix B, by 

>o 

ro 
t - J 

- 2 -

cublicaticn ir. the Federal Register on June 10, 1986, 51 Fed. Reg. 

21099; and 

WHEREAS, in a Record of Decision dated Septeaber 29, 1989 (the 

"ROD"), the EPA Regional Administrator selected a remedial action 

for the Site, with the concurrence of the Massachuserts Department 

of Environmental Protection ("DEP"), which provides for the 

following remedial actions: 

1. Fencing of the Site.'' 

2. Excavation and dredging of soils, dredge pile materials' 

and Meadow Brook sediments contaminated at levels 

exceeding specified Cleanup Standards; treatment of the 

contaminated materials to specified cleanup standards; 

disposal of the treated, excavated and dredged 

materials on the Site in designated disposal areas (the 

"disposal areas"); and covering the disposal areas with. 

iten inches of clean soil (the "soil cover"). 

3. Flushing, cleaning, containment, and/or replacement of 

the roof surfaces and drainage system of the building 

on the Property (the "Grant Gear building") as 

necessary to attain specified cleanup standards in 

effluent discharging from the drainage system to Meadow 

Brook. 

4. Decontamination by solvent washing to specified cleanup 

levels of equipment, machinery and floor surfaces 

within the Grant Gear building? 

5. Collection and treatment of contaminated groundwater 

until specified groundwater-cleanup standards are 

attained. 

7. Restoration of wetland areas adversely impacted by the 

•^ remedial action and ancillary activities; 

8. Long-term environmental monitoring of groundwater, 

soils, sediments at the Site, of effluent from the 

building drainage system, and of surfaces within the 

Grant Gear building. 

9. Institutional controls (hereinafter referred to as 

"covenants, conditions and restrictions") on use of t.'-.e 

Property. 
G3: 

- 3 

WHZREAS, the Cvr.er has entarad into a Consent Decree with tha 

United States, in Civil Acticn Mc. 91- l^'^glV, in the United States 

District Court for the District of Massachusetts, which provides for 

the Owner to record this Notice cf Institutional Controls with the 

Norfolk County Registry cf Deeds. A description cf the Consent 

Decree is Attachment 1 to this notice; a copy of the Conse.nt Decree 

may be obtained hy writing the Office of Regional Counsel, U.S. E?A, 

JFK Federal Building — ?JIC, Boston, MA 022C3, referencing Superfund 

Docket Nc. 51 and the Civil Acticn Number. 

NOW, THEHEFCRE, the C-7ier, for itself, its lessees, and its 

successors and assigns (collectively tha "Owner") , does hereby 

declare and covenant that the covenants, conditions and restrictions 

hereinafter set forth shall be deemed to be to considered covenants, 

conditions and restrictions ranning with the Property and that said 

covenants, conditions and-restrictions shall be binding upon the 

Owner, its successors and assigns, and shall inure to the benefit of 

the United States, of America, which may enforce these covenants, 

ccr.diticr.s and rsstricticns by rssor't to legal process if such 

action becomes necessary. The Owner, for itself, its lessees, and 

ts successors and assigns does further declare that any 

\j edification to these covenants, conditions and restrictions shall 

effective only upon the written approval of EPA, and after an 

.tended Notice of I.nstitutional Controls approved by EPA is recorded 

vit.-. the Norfolk County Registry of Deeds specifying which of the 
e.^.urzeratsd covenants, conditions cr restrictions is mcdified ar.d the 

nature of the approved mcdificaticn. 

Definition 

As used in this Notice, the term "hazardous substances" .shall mean 

any substance meeting the definition of: (i) "hazardous substance" 

under Section 101(14) of CEPACIA, 42 U.S.C. § 9601(14); or (2) 

"pollutant" or "contaminant" under Section 101(33) of CEPACIA, 42 

U.S.C. § 9601(33). 

Covenants, Ccnditicns and Restrictions 

1. The following restrictions cn usa cf the Property by the 

Owner are tart of tha remedial action selected for the Site in the 

.ROD: 

a. The Property shall never be developed for residential use. 

b. Groundwater in the "zone cf contamination," as defined 

.pursuant to the ROD during response actions at the Property, shall 

never be withdrawn. "Groundwater wells shall not be installed, 

except pursuant to a plam approved by EPA in accordance with the 

procedure set forth in this Notice of Institutional Controls. 

. c. Contaminated, untreated soils containing hazardous 

substances which are both at or below the water table, and beneath 

-.e Grant Gear building or paved areas on the property shall not be 

sturbed, except pursuant to a plan approved by EPA in accordance 

:h t.he procedure sat forth in this Notice of Institutional 

lontrois. 

d. The soils that cover the disposal areas as part of the 

Xe- ial Action or ct.'ier ground ccveri.-g features of the remedy for 
the Site shall not be disturbed cr modified in . ^...^ 

acticn shall be taken which shall disturb in any i. 

integrity or effectiveness of the cover, including th .race of ^ ^ ^ 

cars, except pursuant to a plan approved by EPA in accordance with 

the procedure set forth in this Notice of Institutional Controls. 

e. Tha floor surfaces and subsurfaces of the Grant Gear 

building shall not be disturbed by digging, drilling, excavation cr 

other intrusive work, except pursuant to a plan approved by EP.A in 

• accordance with the procedure set forth in this Notica cf 

Institutional Controls. 

f. Any portion of the Grant Gear building's drainage system, 

that is contained as' part" of the Remedial Action shall not be 

disturbed, except pursuant to a plan approved by EPA in accordance 

with the procedure set forth in this Notica of Institutional 

Controls. 

g. No use or activity shall be permitted on any portion of 

the Property which will disturb any of the remedial measures 

implemented at the Site, including without lirtltation: systems and 

areas to collect, contain, treat, and discharge groundwater; systems 

or containment areas to excavate, dewater, store, treat, and dispose 

of soils and sediments; and systems and studies to complete remedial 

design, to monitor implementation of the remedial action, to provide 

ong-term environmental monitoring of on-site groundwater, soils, 

sed.ments and surfaces within the Grant Gear building, and to ensure 

Ihe remedial action is effective in the long-term and protective of 

.IU" health and the environment. 
Proposals Tc Take Actions ?,estriotad by Thia Notice 

2. Eefore taking any acticn restricted by Paragraphs l.b. 

through l.f. of this Notice, the Owner shall obtain approval from: 

EPA pursuant to Paragraph 4 of this Notice. In seeking such 

approval, the Owner shall notify EPA in writing of the proposed 

acticn as follows: 

a. If the Owner intends to drill, dig or otherwise excavat.=: 

any area, excluding the area within the Grant Gear building, not t; 

exceed any of (i) 3 cubic yards of soil, (ii) a depth cf not gr=a— 

than three feet, cr (iii) an area cf 1,000 square feet, the Owner 

shall i.-clude in its written notice to EP.A the information descri^ 

in Paragraphs 3.a. through 3.d. of this Notice. If the Owner 

intends to drill, dig or otherwise excavate any area within the 

Grant Gear Building not to exceed (i) a depth of six i.nches, or (:_ 

a volume of 12 cubic inches, the Owner shall include in its writts 

notice to EPA the information described in Paragraphs 3.a. thrcuc.t 

3.d. of this Notice; 

t.hrough l.f. of this Notice, hut riot subject to t.he procedures set 

forth in Paragraph 2.a. above, the Owner shall include in its 

written notice to EPA the information described in Paragraphs 3.a. 

•hrough 3.h. 

3- The Owner shall provide written notice of the following 

.nf: mat icn to EPA as required by Paragraph 2 of this Notice: 

a. The nature cf the acticn Owner proposes to undertake, 

iir.g appropriate objectives, plans, specifications, schedule. 
635 

ccnstr'-cticn or other activities to be undertake.n in ordar to 

inplement the proposed acticn; 

b. The location, areal extent, and depth below the surface of 

any proposed excavation, identification of all contaminated media, 

and the volume of soils, sediments, wastewater, groundwater and 

building structures that will be affected by such proposed action, 

including the effect that such proposed action will have on soils, 

sediments, wastewater, groundwater or building structures containing 

hazardous substances; 

c. A description cf all proposed actions and practices to be 

implemented during the proposed action to prevent the release of 

hazardous substances and. possible recontamination of all media, and 

to ensure the continued effectiveness of any remedial measures 

implemented at the Site as well as the protection of human health 

and the environment; 

d. A plan demonstrating how the proposed action will be 

performed in compliance with all applicable laws or • regulations; and 

e. A monitoring and sampling plan, including quality 

assurance/quality control procedures, which (i) describes all 

monitoring and analysis methodologies, detection limits and 

parameters, (ii) describes all sampling locations, including a 

vscription of how the" sampling locations were chosen, which will be 

-plemented during and after the proposed action, and (iii) sets 

orth a schedule indicating the submittal date(s) for the full 

esu ts of all sampling and analysis conducted pursuant to the 

;cr :ri-ng and sampling plan; 
to" J 

- 3 -

f. A health a.nd safety plan; 

g. If the proposed action involves the transfer of any 

hazardous substance off-site, identificaticn cf the anticipated. 

treatment cr disposal facility; and 

h. The name and qualifications of the proposed contract.crr who 

will perform the proposed action.' 

Review, Approval and/cr Amendment cf Proposals 

to Tajca Actions Restricted by This Notice 

4. Upon recaipt of the notice of proposed action submitted 

pursuant to Paragraph 2.a., E?-\ may approve or disapprove any 

proposed actions as follows: 

a. Aftar review of any proposed action submitted for aptmroval 

pursuant to Paragraph 2.a., E?-\ shall, within t.hirty days of r=::=eipt 

of the notice of proposed action, either: (1) approve the prt~osed 

action; (2) disapprove the proposed action, notifying the ownarr or 

operator of the reasons for disapproving the proposed acticn on- of 

deficiencies in the. submission; or (3) inform the Owner of a 

reasonable additional period of time which EPA requires to cet^rTsine 

that EPA does not take one of the actions enumerated in (1) tn'.rough 

(3) above within thirty days of receipt of the notice of propcosed 

action, upon request of the Owner, EPA will issue a notica cf 

•disapproval of the proposed action. 

b. In disapproving any proposed action, EPA expressly ras^rves 

the right to disapprove any of the plans or submittals iistsd in 

?^ graphs 3.a. through 3.d. or to disapprove cf the proposed action 
b:jv 

zr. the grounds that additional information is needed. If EP.\ 

disapproves any proposed action on the grounds that, additional 

information is needed, the owner or operator may sxibmit for approval 

suc.t additional information, including any plans or submittals 

listed in Paragraphs 3.e. through 3.h. Upon receipt of" a notice of 

disapproval with a notice of deficiencies, the Owner may correct the 

deficiencies and resubmit the plan, report, or other item for 

approval. 

5. Upon receipt of the notica. of proposed action submitted 

pursuant to Paragraph 2.b., EP.A shall approve cr disapprove any 

proposed actions as follows: 

a. After review of any prcposed acticn s'obmitted for approval 

pursuant to Paragraph 2.b., EPA shall either: (1) approve the ' 

proposed acticn; or (2) disapprove the proposed action, notifying 

the owner or operator of the reasons for disapproving the proposed 

.action or of deficiencies in the submission. In disapproving any 

proposed action, EPA expressly reserves the right to disapprove any 

of the plans or submittals listed in Paragraph.s ?. .a., thrtugh l.h., 

including the proposed contractor discussed in Paragraph 3.h., or to 

disapprove of the proposed action on the grounds that additional 

information is needed. If EPA disapproves any proposed action on 

•he grounds that additional information is needed, the owner or 

jperator may submit for approval such additional information. 

b. Following receipt by the Owner of a notice cf EPA approval 

of ie proposed action, the Owner shall provide notice to EPA tsn-— 

da- trior to the data on which tha Owner intends to csrform the 
C _) 

- 1 " _ 

proposed acticn of its intention tc comme.nca performance cf such 

acticn. 

c. Upon recaipt of a notice of disapproval with a nottice of 

deficiencies, the owner may correct the deficiencies and resuibmit 

the plan, report, or other item for approval. 

Modification or withdrawal of Covena-mts, 

Conditions and Restr-ictions 

6. If information is generated which demcnstrames that th,a 

Cove.nants, Conditions and Restrictions contained in this Ncti^ne may 

be modified or withdrawn in whole cr in part consistent with the 

public interest and the public purpose of protecting human haalth 

and the environment, the owner may s'ubmit to EP-\ a proposal for. 

modifying or withdrawing any Covenants, Conditions and Restri^-ctions. 

After approval by EPA of any modification or withdrawal of 

Covenants, Conditions and Restrictions, the Owner shall reccr-m an 

Amended Notice of Institutional Controls, approved by EPA, with the 

Norfolk County Registry of Deeds, Norfollc County, Hassachusetrts, as 

previously stated on page 3 of this Notice. 

- ^ .. , ,; -• ^ ^ . ,. ^ C t •'•• r ^ - 1 • " 

•7. The United States of America shall be entitled to enfo;rce 

this Notice, any amended Notice of Institutional Controls, anry 

notice of restrictions recorded to extend the terms of this Notice, 

and the covenants, conditions and restrictions imposed herein by 

bringing an action at law for damages, or in equity for injummtions, 

cr ^ther proceedings under federal or state law, including CZIP.CLA, 

fr the ourtose of curinc or correctinc a,.-:v violation cf tha tarns 
639 

, - - 11 -

of this Notice. All costs and expenses of the United States, 

including, but not limited to, attorneys' fees, incurred to cure or 

correct any violation of the terms of this Notice shall be borne by 

•the Owner. All remedies available hereunder shall be cumulative to 

any and all other remedies at law or in equity. The United States 

expressly reser"/es the right to enforce the covenants, conditions 

and restrictions imposed herein as a failure to comply with the 

terms of the Consent Decree in Civil Action No. 91-1 y^'?fV, in the 

United States District Court for the District of Massachusetts. 

Sspiraticn Date 

3. Tha covenants, conditions and restrictions sat forth in this 

Notica are established in the public interest and for tha public 

purpose of protecting human health and the enviror.ment. These 

restrictions are intended to be effective and enforceable under tbe 

provisions of M.G.L. c. 184, § 26, et seq. The Owner or any 

successors in title shall record a notice of restriction before the \ 

expiration of thirty (30) years from the. date of this Notice and ^ 

before the expiration of each succeeding twenty (2 0) year raricd,. 

pursuant to M.G.L. c. 184, § 27, which notice or extension of 

restriction shall extend the covenants, conditions and restrictions 

of this Notice or an Amended Notice of Institutional Controls that 

was approved by EPA, and shall be duly recorded in accordance with 

the laws of the Commonwealth of Massachusetts. 
.7Cl 

12 -

121 WIT^rzss WHZP^OF, Robert J. Hurley and John J. Hurley, as TInustees 

of the Grant Gear Realty Trust, have caused this Notice to b= signed 

in their names and on behalf of the Grant Gear Realty Trust. 

Executed under seal this /7t ^ day of Cloyjl^ , 19£^ 

GRANTJ5SAR REALTY TRUST! 

Robert J. Kurisv, a^ 

Trustee^ / . 

By: \^M^ r \yy^yu^ 

C^hn z. Hurley, as 

Trustee ./ ' 

CCMMONWEALTH OF MASSACHUSETTS 

:ounty of hn{Lc\ K , ss. 

On this 11 day of AvJA.^ / 199i/ before me appeared Robert ~ . 

Hurley and John F. Hurle^, to me personally known, who, bein- by me 

duly swom, did say that they are the trustees of Grant Gear l>ealty 

Trust, that said instrument was signed on behalf of Grant Ges=-

Realty Trjst, that said Robert J. Hurley and John F. Hurley aira 

authorized to sign said instrunent on behalf of Grant Gear Re==.lty 

Trust, and said Robert J. Hurley and John F. Hurley acknowleco^ed 

said instrument to be the free act and deed of Grant Gear i^s-lty 

Trust. Witness my hand and official seal. /~x .-""'v ".•--'*—••./5.-. 

Notary F^-oiic\ .j ^ \j^ij.:' _-. -> ^: 

My commission expires^ ^ •'- .\':' 

- y -; J 

rue Foregoing « a tme copy of a J ^ ' ^ Q 

recordad w,th Nor^oik Daeds. tXlham. Ma«. 

(y Resfst«' 
f -J ^ 

Attachment 1 

to 

Notioa of Institutional Controls under tha Comprehensive 

Environmental Response, Compensation, and Liability 

Act (C2SCLA) , 42 D.s'.C. §9601 et seq. 

NOTICE 13 HEREBY GI^/'EN of the Consent Decree (the "Consent 

Decree") entered into by the UNITED STATES OF AME:RZCA, as 

Plaintiff, and THE GRANT GEAR WORKS, INC. and JOHN F. HUSLEY AND 

ROBERT J. HURLEY AS TRUSTEES OF GRANT GEAR REALTY TRUST, as 

Defendants, in Civil Action No. -^^i-f^S?! V filed in the United 

States District Court in the District of Massachusetts. This 

Consent Decree was entered on Qlcoxttear !>"), , 1991 by order 

of the Court ( "-Jooncy. , j.), pursuant to CERCIA, 42 U.S.C. 

§9601 at sec. This sronsent Decree addresses, among other 

matters, the following: 

1. Tha Defendants' grant of a right of access to the U.S. 

Environmental Protection Agency (EPA) and its 

authorized representatives on the Defendants' property; 

2. Imposition of institutional controls restricting 

certain uses of the Defendants" property; 

3. Payment of a sum in settlement of the Defendsints' 

liabilities; 

4. Conditions on the Defendants' conveyance of tha 

Defendants' property, including Paragraph 10 of the 

Consent Decree which provides, in pertinent part, that: 

•^2 "^s Trust Property as described herein nay be 

freely alienated provided that at least sixty (60) 

days prior to tha date of such alienation. 

=:,=.•>-->-- ! ; •-.. ' '? .C.^n. GZ s'ticn ""cccsac 

alienation, the nama of the grantee, a description 

of Settling Defendants' obligations to be 

performed by such grantee, and a written agreementsigned by grantee to assume the terms and 

obligations of tha Settling Defendants under 

Sections V [Access] and VI (Institutional 

Controls) of this Consent Decree ... . 

5- Covenant not to sue; and 

6. Reservation of richts. 
7t. 

,~-~-oc: 2'z the Ccnsent Decree na'/ be obtained bv vritino: 

L". S. Environmentai Protection Agency 

Cffice of Regional Counsel 

J.F.K. Federal Euildinc — RRC 

Boston, MA 02203 

referencing Superfund Docket No. 51 and the Civil Action Number-
J ^ \ ^"^ \ \ / \ "^'jyA 

Z, Robert J. Hurley, dsspcse and say as follows: 

1. I cr:\ Prssident cf Grant Gear Worics, Inc.. a 

Massaciusetts corporation, and a co-trustee of Grant Gear 

Realty Trust, a trust created, by a Declaration of Trust catsd 

October 3C. 1979 rscordsc at ths Norfoll-c County Registry cf 

Deeds in Book 5570 at Pace 24. 

2. In thsss capacitiss. I have suhmittsd to t.ts Unitsd 

States Environmental Protection Agency certain financial 

information relating to Grant Gear works. Inc., and Grant Geai 

Realty Trust. 

3. To the test cf my knowledge and belief, the 

inforr.aticn subizitted is accurate as of the time suboiitted. 

Subscribed^and sworn to under penaltiss and paizs c.: 

perjury this Hiyda- Y cf June. 1991. 

Robert J. Huciey, as U—• 

President, Grant Gear Wdri:s, 

and Trustee cf Grant Ge^r 

Realty Trust 

6247G/2 
, )Q g'/ffl9(T 5> 

.-5~Tr.-.v:T c? J:H M ~. HVRLE Y 

I, John r. Hurley, cestose and say as folltws: 

1. I an Vice President and Chief Financial Off iter of 

Grant Gear Works. I.tc, a Mass actus etts corporation, and a 

co-trustee cf Grant Gear Realty Trust, a trust created by a 

Declaration cf Trust dated October 30. 1579 recorded at the 

iiorfolk County Registry of Deeds in rock 5570 at Pace 24. 

2. In these capacities. I have submitted to the United 

States Environmental Protection. Acency certain financial 

information relating to Grant Gear works. Inc., and Grant Gaa: 

Realty Trust. 

3. To the best cf my knowledge and belief, the 

information submitted is accurate as of the time suhmitted. 

Suhsorih=d -.r.d svc: 

perjury this > day of June. 1991 

.-n 

I<.^\JL:-, / 

John F. Hurley, as / 

Vice President, Grzfr.t Gear 

Works. Inc., and Trustee o: 

Grant Gear Realty Trust 

6247G 
EXHIBIT 3 

QUITCLAIM DEED 

JOHN.J-. HURLEY, TRUSTEE OF GRANT GEAR REALTY TRUST, u/d/t dated October 30, 

1979 and recorded with Norfolk County Registry of Deeds in Book 5670, Page 24, FOR 

CONSIDERATION PAID OF ONE MILLION FIVE HUNDRED TWENTY-FIVE 

THOUSAND DOLLARS ($1,525,000.00) GRANTS to JOSEPH LAHAM, individually, having 

an address of 7 Stonow Circle, Westwood, Massachusens 02090, WITH QLTTCLAIM 

COVENANTS, the land, with buildings and improvements thereon, known as and numbered 921 

Providence Highway, Norwood, Norfolk County, Massachusetts and more panicularly described 

on Exhibit A attached hereto and made a part hereof. 

EXECUTED as an instrument under seal this 30th dav ofllune,-4S^7. / . • /' 

^!i y,cy i .: . 

John.J^ Hurley, as Trustee and 

not inSividuallv 

COMMONWEALTH OF MASSACHUSETTS 

Suffolk, ss. June 30, 1997 

Then personally appeared the above-named John J. Hurley, Trustee as aforesaid, . 

and acknowledged the foregoing instrument to be his free act and deed before me "" 

Notary Public 

My commission expires:' / I' 

COURiNEr :. GRlrfiN 

Notary Public 

TRADOCS: 1030881.1 (m3n01l.doc) ,^y Commission Exoires January 26. 2001 
Exhibit A 

The land in Norwood, Norfolk County, Massachusetts, shown as Lot 1 on a Plan entitisd 

"Plan of Land in Norwood, Mass.," dated September 28, 1979, prepared by Norwood 

Engineering Co., Inc. and recorded with the Norfolk County Registry of Deeds in Plan Book 

278, Plan Number 981-1979 and bounded and described, as shown on said Plan, as follows: 

BEGINNING at a point on an access ramp from the Boston Providence Pike, socalled [Rte. 1], at the boundary line between the premises hereby conveyed and 

land now or formerly of Bandoni; 

Thence running South 27° 59' 24' West, 42.14 feet to a point; 

Thence turning and running along a curve to the right with a radius of 240 feet, 

which is the westerly boundary line of said access ramp, for a distance of 211.88 

feet to a point; 

Thence running South 78° 34' 24" West along said westerly boundary, 89.09 feet 

to a point; 

Thence turning and running along a curve to the left with a radius of 270 feet, 

which is a contintiation of said westerly boundary, for a distance of 238.37 feet to 

a point; 

Thence turning and running South 27° 59' 24" East, 48.78 feet to a point; 

Thence turning and ruiuiing North 62° 15' 51" West, 409.73 feet to a point on 

said northerly boundary; 

Thence turning and running North 17° 07' 33" West, 91.70 feet to a point on an 

easterly boundary of land of the Grantors; 

Thence turning and running along said easterly boundary North 27° 59' 24" East, 

724.91 feet to a point; 

Ihence curmng and mnning South 43"" 21' 28" East, 770.15 feet to a pomt, which 

is the POINT OF BEGINNING. 

Expressly subject to: ~ 

1. Easements, restrictions and agreements of record, insofar as now in force and 

applicable, 

2. Real estate taxes assessed, insofar as now impaid. 

TRADOCS: 1031080.1 (m31401l.doc) 

06/30/97 13:05 
JOHN.E. REARDON of Narragansett, Rhode Island 

and 

PAUL D. REARDON of Weymouth, Norfolk County, Massachusetts, 

Tenants in Partnership 

S^jj>««KrX«ii£* for Eigh t hundre d thousan d (800,000 ) dollar s consideration paid 

srant to 

JOSEPH LAHAM 

of 7 Storrow Circle, Westwood, MA 

with quticlatm coUenants 

-rko-kfld-iH 

""^SCTcrrptTOrr 'vnd LIILUUIDI jncctr' tr^tny) 

A certain parcel of land with the buildings thereon situated 

in Norwood, Norfolk County, Massachusetts and being shown as 

Lot 8 on a plan entitled "Plan of Land in Norwood, Ma.", 

R.F.Merrikin Associates, dated Feb 3, 1993, recorded with Norfolk 

Registry of Deeds as Plan No. 150 in Plan Book 446, bounded and 

described as follows: 

SOUTHERLY 

SOUTHWESTERLY 

WESTERLY 

NORTHERLY 

WESTERLY 

NORTHERLY 

SOUTHWESTERLY 

EASTERLY 

by Dean Street, 103.10 feet; 

by the junction of said Dean Street and Kerry Place 

as shown on said plan, 78.54 feet; 

by Kerry Place, as shown on said plan, by three lines 

measuring 118.54 feet, 61.86 feet and 370.54 feet 

respectively; 

by land of Paul Birmingham, as shown on said 

plan, 162.71 feet; 

again by land of Paul Birmingham, as shown on 

said plan, 5 feet; 

by land of John F. Hurley, as shown on said 

plan, 9 4.33 feet; 

by Lo"c 9 , • as snov/n on said plan, 265.01 feet; 

again by Lot 9, as shown on said plan, 231.06 feet. 

Containing 2.46 acres according to said plan. 

This conveyance made subject to the Permanent Right and 

Easement to use, maintain, repair and replace drainage pipes 

within the area shown as "10' Wide Drain Easement" as shown on 

the above described plan as granted in deed from these grantors 

to Levi LLC, dated May 3Q, 1997 and recorded with Norfolk Deeds 

Book 11834, Page 299. 
This conveyance made subject to and together with the 

benefit of any rights, restrictions and easements of record 

insofar as the same may be in force and effect. 

The grantors, John E. Reardon and Paul D. Reardon, hereby 

certify that there are no additional partners in the above 

partnership and we are the sole partners with complete authority 

to convey the property above described. 

For our title see deed of Paul J. Birmingham, et al to us, 

dated July 30, .1985 and recorded with Norfolk Deeds Book 6742, 

Page 308. 
J ". GIitnrSS...9':^.^ hand ^n d scal^i s ZZ...-:..Z. v day of ^J-u^ y ..19..9..7.. 

•6Rn"""E"T""TJeaf"don"" a. 

.'' /Mui-&^^ear<foi# ^ 

..NQ.rfQ.lk S3. „ :Zki.l2. L . 1 9 97 

Then personally appeared the above-named ; 

; J.Qhn....E.., R.ea.cd.Qja...a.n.d.....P.a.u.l.....D., Re.ardon.. 

and acknowledged the foregoing instrument to be^thgi r free act and deed, before me 

Robert C. Capasso 

M J Coinmit.<toa expires QC.t.Qb.er.....7.. , '9....9.S.. 

Ju«ie« «(-th« Peace 

Notary Public 

CHAPTER 1S3 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969 

Every deeii presented (or record shall conrsin or have endorsed upon It the full aatne. residence and post office address of the 

grantee and a recital of the .imount of the full consideration thereof in dollars ot the nature of the other consideration therefor, if not 

delivered lor a specific rraonetary sum. The full consideration shall mean the total price for the conveyance without deduction for any 

liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements aod recitals shall be recorded as part of the deed. 

Failure to comply with this section sh.ill not affect the validity ol any ticcti. No register of deeds shall accept a deed (or rccordiof! unles.*; it is 

in compli.ince with the requirements of thij section. 
Statute ^ovni of 

^uttchrtiit ^tt h 

• John E. Reardon,....et-al.. 

TO 

Joseph Laham 

19.. 

at o'clock and minutes ni. 

Received siiid Entered with 

..Deeds 

Book Page. 

Attest: 

liegister 

Fratii tha OJJice of 

Robert C. Capasso 

698 Washington Street 

..Nor.waod.,....Ma...'0.2.a6.2 

THE BLAKt PRESS INC.. PUaLISHERS 

BOSTON. MASS. 

FORM t19.A 
QUITCLAIM DEED 

JOHN E. REARDON and PAUL D. REARDON, Trustees of KERRY PLACE TRUST, 

under a Declaration of Trust dated June 4, 1984, recorded with 

Norfolk County Registry of Deeds in Book 6423, Page 485 

for consideration paid Fifty Thousand (50,000) dollars 

GRANT TO JOSEPH LAHAM 

of 7 Storrow Circle, Westwood, MA 

WITH QUITCLAIM COVENANTS 

Two certain parcels of land situated in Norwood, Norfolk 

County, Massachusetts and being designated and shown as Parcel A 

and Parcel B on a plan entitled "Plan of Land in Norwood, Mass", 

dated May 30, 1985, Norwood Engineering Co., Inc., recorded with 

said Deeds as Plan No 732 in Plan Book 323, described in Exhibit 

"A", attached hereto and made a part hereof. 

For title to Parcel A see deed recorded in said Deeds in Book 

6423, Page 491 and for title to Parcel B see deed recorded in said 

Deeds in Book 11211, Page 95. 

^WITNESS o/ir hands and seal this I'^y-^da y of ' '-' ^ ^ , 1997. 

r 

/"X /yy^<^^:^^^^^.-^.^- ^ __ //^^ ^/^-^ 

jjihn E./Reardon, Trustee / /Paul 0. Reardon, Trustee 

COMMGNVJEALTH OF MA.SSACHUSETT.S 

CC-..^:."rY OF NORFOLK x;(,'^- / / ,199 7 

Then personally appeared the above named John E. Reardon and 

Paul D. Reardon, trustees as aforesaid, and acknowledged the 

foregoing instrument to be their free act and deed, before me 

V O <f^ Q. ^ <"-="'-^ 

Robert C. Capasso -ryNotary Public 

My comm. exp. October 7, 1999 
EXHIBI T "A" 

PARCEL A: 

NORTHWESTERLY 

NORTHWESTERLY 

NORTHEASTERLY 

SOUTHEASTERLY 

NORTHEASTERLY 

SOUTHWESTERLY 

Containing 

Kerry Place, as shown on said plan, by five lines 

measuring 12.94 feet; 51.45 feet; 384.58 feet; 

40.48 feet; and 33.85 feet respectively; 

by Lot 5A, as shown on said plan, by two lines 

measuring 57.74 feet and 217.77 feet 

respectively; 

by land of Edward and Frieda Sons, as shown on 

said plan, 31.24 feet; 

by land of John F. Hurley, et al Trustees, as 

shown on said plan, 724.91 feet; 

again by land of John F. Hurley, et al Trustees, as 

shown on said plan, 91.70 feet; 

by Parcel B, as shown on said plan, 60.10 feet. 

13,785 square feet according to said plan. 

PARCEL B: 

NORTHWESTERLY 

NORTHEASTERLY 

NORTHEASTERLY 

SOUTHEASTERLY 

by Kerry Place, as shown on said plan, 5.16 feet; 

by Parcel A, as shown on said plan, 60.10 feet; 

by land of John F. Hurley, et al Trustees, as 

shown on said plan, 103.90 feet; 

by Lot 7B as shown on said plan, 5.00 feet; 

acaa Lcc 7E, as shcv/n on said plan, 162.71 

feet. 

Containing 817 square feet according to said plan. 
Exhibit 4 

STATEMENT OF WORK 

DEMOLITION OF GROUNDWATER TREATMENT PLANT 

L INTRODUCTION AND PURPOSE 

This Demolition of Groundwater Treatment Plant ("GWTP Demolition") Statement of 

Work ("SOW") defines the response activities and deliverable obligations that the Settling 

Respondents are obligated to perform in order to implement the Work required under the 

Prospective Purchaser Agreement ("Agreement") at the Norwood PCB Superfund Site in 

Norwood, Massachusetts. The activities described in this SOW are based upon the ROD 

as Modified by the Amended ROD. 

n DEFINITIONS 

Unless otherwise expressly provided herein, terms used in this SOW which are defined in 

the Agreement, in CERCLA or in regulations promulgated under CERCLA shall have the 

meaning assigned to them in the Agreement, in CERCLA or in such regulations. 

m. SELECTED REMEDY 

The ROD as Modified by the Amended ROD describes the remedy selected by EPA for 

the Site. The Work to be performed by the Settling Respondents consists of 

decontamination (if necessary), demolition, and appropriate disposition ofthe 

groundwater treatment plant building constructed as part ofthe remedy and any adjacent 

slabs, pads, or structures associated with the operation ofthe remedy. 

IV. SETTLING RESPONDENTS' PERFORMANCE STANDARDS 

A. Settling Respondents shall conduct all decontamination, demolition, and disposal 

activities pursuant to this SOW in accordance with all applicable laws and 

regulations in eflFect at the time the work is carried out. Furthermore, Settling 

Respondents shall secure all permits and approvals for such decontamination, 

demolition, and disposal activities as required by federal and state law. 

B. Settling Respondents shall dispose of any debris or other wastes generated by 

decontamination or demolition activities at an appropriate treatment, storage or 

disposal facility in compliance with all federal and state laws. Settling Respondents 

shall not dispose of any debris or other wastes generated by the decontamination 

or demolition activities at the Site. 
C. To the extent that Settling Respondents determine it is appropriate to leave slabs 

and/or foundations from the building or adjacent slabs or pads in place, they shall 

explain the reasons therefor in the plan submitted in accordance with Section VI, 

below, which plans shall be subject to EPA approval in EPA's sole discretion. 

EPA'S CLOSURE OF GROUNDWATER TREATMENT PLANT 

A. At any time, EPA may determine, after reasonable opportunity for review and 

comment by the Commonwealth, that continued operation ofthe Groundwater 

Treatment Plant ("GWTP") is unnecessary. 

B. EPA or the Commonwealth may, after such determination, decide to keep the 

GWTP in an operationally ready mode for an indefinite period of time so as to 

allow treatment to be resumed, if necessary. 

C. When EPA, after reasonable opportunity for review and comment by the 

Commonwealth, determines that treatment need not be resumed, the GWTP will 

be deemed to have reached the end of its useful life for that purpose. . 

D. When EPA, after reasonable opportunity for review and comment by the 

Commonwealth, determines that the GWTP has reached the end of its useful life 

for all uses relative to the Site Response Action, and closure ofthe GWTP is 

completed in accordance with Section V.E below, EPA may invoke the provisions 

in Section VH of this SOW. If EPA and the Commonwealth have completed 

closure ofthe GWTP pursuant to Section V.E, below, and EPA has not invoked 

Section VI ofthe SOW, the Settling Respondents will be notified that the Settling 

Respondents may determine, subject to EPA approval, whether or not the GWTP 

has reached the end of its useful life for any purposes other than for the Site 

Response Actions. Notice of this determination by Settling Respondents shall be 

provided to EPA in a timely fashion. If the Settling Respondents determine that 

the GWTP has reached the end of its useful life for other purposes, the Settling 

Respondents shall commence the activities specified in Section VI. 

£. EPA and ti;e ConiniOiUvvau.rs ciosure of ihe CrWIP wiii consist or the toiiowing: 

1. removal of chemical process equipment and/or other equipment used 

during operation ofthe facility; 

2. sealing of floor drains, sumps, or other piping that, during operation, would 

divert water to the treatment processes or to Meadow Brook; 

3. abandonment of groundwater extraction wells serving the GWTP; and 
4*. removal of other EPA or Commonwealth property not deemed obsolete or 

surplus. 

VI. SETTLING RESPONDENTS'WORK 

A. Within thirty days ofthe notice of EPA's determination that the GWTP is at the 

end of its useful life for Response Actions, or within ten days of Settling 

Respondents' providing notice to EPA of their determination that the GWTP is at 

the end of its useful life (if further use ofthe GWTP is allowed by EPA pursuant to 

Section V.D), the Settling Respondents shall notify EPA of their intention to 

commence the Work under this SOW. 

B. Within 60 days ofthe notification required by VL.A, the Settling Respondents shall 

provide to EPA for review, comment, and approval, a Work Plan for the 

demolition ofthe GWTP building and adjacent buildings, slabs, and/or pads. This 

Work Plan shall outline the proposed methods for any necessary decontamination, 

proposed demolition methods, and proposed disposal methods, including a list of 

the proposed receiving facilities for the demolition debris or other wastes 

generated as part ofthe demolition. This Work Plan shall also include a schedule 

for all activities and shall contain all necessary safety and health plans, sampling 

and analysis plans, and quality assurance plans. 

C. No later than 21 days after receiving any comments from EPA, the Settling 

Respondents shall re-submit the Work Plan to address said comments. 

D. Within 60 days of approval or modification ofthe Work Plan by EPA, the Settling 

Respondents shall perform all activities contained in the approved or modified 

Work Plan in accordance with the schedule contained therein. 

E. Within 60 days of completion of all activities contained in the approved or 

modified Work Plan, the Settling Respondents shall provide to EPA a Demolition 

Completion Report. The report shall include, at a minimum, the following 

documentation:. 

1. A chronological, narrative summary of all procedures used and significant 

field decisions made during implementation ofthe Work Plan; 

2. A compilation of all relevant analytical data or engineering data gathered 

during implementation ofthe Work Plan including, but not limited to: 

(a) summaries of verification sampling results, results demonstrating 

the attainment of Settling Respondents' Performance Standards, air 

monitoring data, and other analytical data collected during the 
Work (with hill copies ofthe results made available and produced 

for EPA and the Massachusetts DEP if requested); 

(b) QA/QC documentation of these resuhs; and, 

(c) presentation of these results in appropriate figures. 

3. a description, with appropriate photographs, maps and tables ofthe 

demolition and disposition of demolition debris and other wastes; 

o 

4. a certification by the Settling Respondents or by the Contractor engaged by 

Settling Respondents for the purpose of performing the Work, under the 

pains of perjury, that Settling Respondents have satisfied all Performance 

Standards under the SOW and Work Plan; and 

5. drawings showing surveyed locations of any slabs, piping, conduit, or other 

structures left in place subsequent to demolition. 

v n . EPA's AND COMMONWEALTH'S RIGHTS TO REUSE STRUCTUTIE 

Nothing herein shall be construed as a limitation ofthe right of EPA or the 

Commonwealth to dismantle and reuse the GWTP structure subsequent to the 

determination that the GWTP has reached the end of its useful life for purposes 

relative to Site Response Actions. 
Exhibit 5 

Redevelopment Activities 

I. INTRODUCTION 

Settling Respondents shall finance and conduct the Redevelopment 

Activit:ies described below on the Property, in coordination with 

the Settling Defendants' remediation activities. All 

Redevelopment Activities shall be performed in accordance with 

the Final Remedial Design/Remedial Action Work Plan as approved 

by EPA and shall be financed and conducted so that they do not 

interfere, in EPA's sole discretion, with the timing or 

Perf 03rmance Standards of the Response Actions. 

These Redevelopment Activities shall be considered Redevelopment 

Activities for purposes of calculating the Estimated Cost of 

Remaining Redevelopment Activities and for purposes of the 

funding of Redevelopment Activities from the Trust; further, 

these activities shall be considered Redevelopment Activities for 

purposes of Settling Respondents' obligations pursuant to 

Paragraph 20 of the Agreement to finance all such activities and 

to assure that such activities are conducted in a timely and 

appropriate fashion so that they do not interfere with the 

remediation process or affect the protectiveness or integrity of 

the Remedy. 

The Estimated Cost of the Redevelopment Activities shall be based 

on a submission to EPA, made concurrently with the Settling 

Respondents' signing of this Agreement, from the Settling 

Respondents' Contractor, certified under the pains of perjury, 

providing: 1) the estimated total costs of each element of the 

Redevelopment Activities and 2) the share allocated to Settling 

Respondents under the contract between GZA GeoEnvironmental, Inc, 

("GZA") and Settling Respondents, which contract shall be 

appended to the submission. 

II. LIST OF ELEMENTS OF REDEVELOPMENT ACTIVITIES 

1. Property grading, asphalt paving and subgrade 

2. Property drainage 

3. Site construction, including construction of light 

stantion bases and waterstops. 
GZ.A 

Gc!iEn\ir<)nnvjn:.ii. Inc. 

July 1, 1997 

File No. 14076.91-C,-PC 

Mr. Joseph Laham 

921, Inc. 

c/o 700 Providence Highway 

Norwood, Massachusetts 02062 

.^.2'' .\*ccdh.i:r. S:rcL-: 

N;vvr..n Iz'r.jT F..:U 

Re: . Proposal for Services 

Site Redevelopment Services 

921 Providence Highway 

Norwood PCB Superfund Site 

Norwood, Massachusetts 

Dear Mr. Laham: 

GZ.\ GeoEnvironmental, Inc. (GZA) has prepared this Proposal for Services for 92 L Inc. 

(the "Client") to provide initial site redevelopment services for the fonner Grant Gear facility 

at 921 Providence Highway in Norwood, Massachusetts (the "Site"). This Proposal for 

Services has been prepared in light of negotiations between GZA and the Client during the 

past several months and the Site improvement design work recently performed by the 

Client's site civil engineering firm, Toomey-Munson and Associates, Inc. (T-M). This 

proposal outlines our proposed scope of work and cost for performing certain site 

redevelopment activities. 

BACKGROL'ND 

.\ .^uh-lJl.l^\ (ll (iZ. \ 

(ii.''Kn'.:r..iMHi.;;i.i: 

The Norwood PCB Superfund Site (the "Site") is located on Providence Highway (State 

Route 1) in Norwood, Massachusetts. As part of the federal Superfund process, G21A has 

been contracted to perform site cleanup activities under the Superfund Remedial 

Design/Remedial Action (RD/RA) process. The RD/RA, which is being overseen by the 

United States Environmental Protection Agency (USEPA) and United States Army Corps of 

Engineers, generally consists of the demolition and disposal of the former office and 

manufacturing building, the excavation of certain PCB contaminated soils and sediments, the 

construction of a cap, and the placement of demolition debris and PCB-contamdnated soils 

and sediment beneath the cap. Requirements for the RD/RA are specified in the EP.A. 

mandated Statement of Work (SOW) for the Site. 

Copyright© 1997 GZA GeoEnvironmental. Inc. 
921, Inc. July 1, 1997 

File No. 14076.91 Pase 2 

In consideration of the USEP.A.'s Brownfields initiative which promotes the productive 

redevelopment of former hazardous waste sites, and consistent with the SOW requirements, 

GZA has discussed with the Client the possibility of incorporating certain initial site 

redevelopment activities into our remediation plan. 

This Proposal for Services outlines GZA's scope of work for performing certain site 

redevelopment activities during the RD/RA and the costs associated with the additional work. 

PROPOSED SCOPE OF WORK .4ND COST ALLOCATION 

Based on our discussions during the past several months, GZA is proposing to perfonn the 

following initial Site redevelopment construction activities during the RD/RA work: 

1. Site Grading, Subbase, and Asphalt Paving 

2. Site Drainage 

3. Light stantion bases and conduit 

Throughout this Proposal for Services, the term "T-M Design Drawings" refers to the T-M 

design drawings entided "Norwood PCB Superfund Site, Phase n - Soil/Brook Remediation, 

Norwood Massachusetts", Sheets 1, 2, 3, and 4 dated March 17, 1997 with revisions dated 

April 28, 1997. Copies of these drawings are attached to this Proposal for Services. The 

work described in this Scope of Work is specifically for the items described below as 

presented on these drawings. Additional work beyond what is described below and shown on 

these drawings will be billed as described under Additional Work. GZA and the Client 

understand that changes to the design drawings are anticipated. 

GZA reserves the right to revise this Proposal for Services if the Client makes design changes 

beyond those described in this Proposal or if the Client does not obtain permits and approvals 

required to be obtained by the Client in a timely fashion. 

GZA's proposed scope of work for performing these specific site redevelopment construction 

activities are outlined below. 

Scope Item 1: Site Grading, Asphalt Paving and Subbase 

Scope of Work: 

In Site areas other than within the limits of: (1) the proposed building footprint; and 

(2) the stream and the detention ponds and associated berms, GZA will restore Finish Grade 

Elevations to those established on the T-M Design Drawings. In the event that the required 
921, hic. July 1, 1997 

File No. 14076.91 Page 3 

elevations change due to the quantity or quality of the material generated by the RD/RA, 

Client agrees to pay 50% of T-M's fee to revise the grading plan. All other costs associated 

with such changes in the required elevations are included in GZA's lump sum price. If the 

required elevations are changed to meet development requirements, (e.g., to meet modified 

grades on adjacent parcels), the Client will pay 100% of the increased engineering costs and 

110% of the increased constmction costs for meeting the modified grades. If the revisions in 

the required elevations due to development requirements result in cost savings to the RD/RA 

grading work, the CHent will receive a credit in the amount of 50% of the cost savings. 

Included under this Scope Item is clearing and grubbing of the Site and handling and 

placement of soil and other on-site fill materials and import of off-site borrow, as-necessary, 

to achieve the required subgrade elevations. Following the establishment of Finish Grade 

Elevations, GZA will install subbase and asphalt paving at the Site in accordance with the 

SOW and the T-M Design Drawings. Subbase and asphalt paving will include subbase, 

binding course and wearing course. 

Finish Grade Elevations for this scope of work will be as follows: 

12+ inches lower than those estabUshed on the T-M Design Drawings in the 

"capped" areas (as defined in the SOW) except in areas over the existing 

building slab where contaminated material is not placed. This will allow the 

installation of a one and one-half-inch wearing layer of asphalt, a four and 

one-half-inch binding layer of asphalt and six inches of subbase. 

• 10+ inches lower than those established on the T-M Design Drawings, if 

feasible, for the areas above the existing building.slab where contaminated 

material is not placed. This will allow the installation of a one and one-halfinch wearing course, of asphalt, a two and one-half-inch binder course of 

asphalt and six inches of subbase. 

12+ inches lower than those established on the T-M Design Drawings for all 

other paved areas. This will allow the installation of a one and one-halfinch wearing layer of asphalt, a one and one-half-inch, binding layer of 

asphalt and nine inches of subbase. 

6+ inches lower than those established on the T-M Design Drawings for all 

landscaped areas of the site to permit the placement of six inches of loam by 

others. 

In all areas, fill materials, if required, will consist of soils excavated and/or graded 

from other areas of the Site. Additional fill materials, will include crushed concrete 

demolition debris, chipped wood demolition debris (wood debris will be covered with two 
921, hic. July 1, 1997 

File No. 14076.91 Page 4 

feet of fill and/or asphalt) or off-site borrow. With regard to the placement and covering of 

contaminated materials (as defined in the EPA-mandated SOW), the requirements of the 

EPA-approved Remedial Action Work Plan (RAWP) will take precedence. Soils will be 

compacted to minimum 92 percent maximum dry density. Compaction criteria will be 

established via laboratory testing of representative soil samples. Copies of laboratory reports 

will be included in the RD/RA Remedial Construction Report (RCR). Compaction will be 

verified in the field via field testing. Copies of field reports will be provided to the Client 

upon request. 

'Following the completion of site grading, asphalt paving will be installed. Asphalt 

paving will consist of the following: 

Six inches of subbase, four and one-half-inches of binding course, and one 

and one-half-inches of wearing course in "capped" areas (as defined by the 

SOW) where contaminated material is placed. 

Six inches of subbase, two and one-half inches of binding course and one and 

one-half inches of wearing course for the areas above the existing building 

slab where contaminated material is not placed. 

Nine inches of subbase, one and one-half inches of binding course, and one 

and one-half inches of wearing course in all other areas of the Site where 

asphalt paving is required. 

Subbase material will consist of granular fill meeting the requirements of "Select 

Granular Material" per Section 02205 of the Remedial Action Work Plan (RAWP) Technical 

Specifications. Subbase soils will be compacted to minimum 95 percent maximum dry 

density. Compaction criteria will be established via laboratory testing of representative soil 

samples. Copies of the laboratory reports will be included in the RD/RA RCR. Compaction 

will be verified in the field via field testing. Copies of field reports will be provided to the 

Client upon request. 

Included in this work is the installation of the Cape Cod berm along the perimeter of 

the property and one (1) low profile retaining wall located to the west of the existing 

Groundwater Treatment Plant shown on the T-M Design Drawings. Installation of the 

eastem low profile retaining wall shown on the T-M Design Drawings is not included. 

Design' and permitting for this work is excluded from this scope of work and will be the 

responsibility of the Client. 

Per GZA's August 8, 1997 Agreement with Cornell Dublier Electronics, Inc. and 

Federal Pacific Electric Company. GZA is responsible for maintaining the cap and cover 
921, hic. July 1, 1997 

File No. 14076.91 Page 5 

areas in accordance with the requirements of the SOW as defined by the EPA approved 

Operation and Maintenance Plan. Maintenance of the non-cap/non-cover areas is the 

responsibility of the Ghent. 

Scope Item 2: Site Drainage 

• Scope of Work: 

GZA will constnict site drainage features in accordance with the T-M Design 

Drawings. 

One GZA representative will attend up to three Town of Norwood meetings with the 

Client's representatives, if requested by the Client 

Drainage strucmres including catch basins, drain manholes, storm drain piping, and 

oil and gas separators will be installed at the locations shown on the T-M Design Drawings. 

The basis for this scope of work is the following: 

Catch basins, drain manholes, and oil and gas separators will consist of the 

size and type shown on the T-M Design Drawings, or Client-approved equal. 

Drainage piping will consist of cormgated high density polyethylene HDPE 

pipe (as manufactured by Advanced Drainage Systems [ADS], Inc., or Clientapproved equal) of the sizes shown on the T-M Design Drawings. 

Stormwater detention ponds will be installed at the locations shown on the T-M 

Design Drawings. The basis for this scope of work is the following: 

The design of the stormwater detention ponds (and associated berms) will not 

require the use of earth support systems (e.g., retaining walls, earth 

reinforcement, or sheeting) either for construction of the units or support of 

the units' structure following construction. 

Detention pond lining materials, including twelve-inches of granular fill, a 

Bentomat''''^ liner, and six inches of loam and seed, will be installed in 

accordance with the T-M Design Drawings and the design recommendations 

set forth in The Geotechnical Group (TGG) letters dated May 13, 1997 and 

May 30, 1997. 
921, Inc. July 1,1997 

File No. 14076.91 Page 6 

Two oudet structures, two emergency spillways, and two stilling basins will 

be installed at the locations shown in the T-M Design Drawings. No other rip 

rap or armoring other than that shown on the T-M Design Drawings will be 

required. 

• Storm drain interconnection piping between the stormwater detention ponds 

and the stream will be constructed of corrugated HDPE pipe. Pipe 

penetrations into the stormwater detention ponds and compensatory storage 

areas will be HDPE flare sections. 

Overexcavation of the detention ponds and compensatory storage areas to 

replace unsuitable (geotechnically) material will not be required. 

Existing Site soils will be utilized for the construction of the stormwater detention 

ponds and compensatory storage areas. 

Subbase soils will be compacted to minimum maximum dry density specified in final 

design drawings and specifications to be provided by T-M. Compaction criteria will be 

established via laboratory testing of representative soil samples. Compaction will be verified 

in the field via field testing. 

With, the exception of attendance by one GZA representative at three Town of 

Norwood meetings, design and permitting (including, any required geotechnical design) for 

this work is excluded from this scope of work and will be the responsibility of the Client. 

Scope Item 3: Light Stantion Bases and Water Stops 

Scope of Work: 

GZA will constmct the Ught stantion bases, and lighting conduit shown on the T-M 

Drawings. 

Design and permitting for this work is excluded from this scope of work and is the 

responsibility of the Client. Installation of conductors is excluded from this scope of work. 

CLARinCATIONS TO SCOPE OF WORK 

The basis of our pricing for this work is that the initial site development activities will be 

performed concurrent with the RD/RA work. If the duration of initial site development 

activities extends beyond the duration of the RD/RA work for reasons beyond the control of 
921, hic. 

File No. 14076.91 

July 1, 1997 

Page 7 

GZA, GZA and the Client agree to revise upward the Total Cost for this work. The RD/RA 

work is scheduled to be completed on December 1, 1997. 

Specifically excluded from Scope Items 1,2 and 3 are the following: 

1. 

0 

3 . 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

Building constmction including foundation and slab installation; 

Removal or relocation of utilities not required to be removed or relocated under the 

SOW and installation of new site utiUties (other than drainage stmctures); 

Demobilization or relocation of constmction facilities (e.g., office trailers, temporary 

electrical services, decontamination pads, etc.). CUent will be responsible for 

remobilization of facilities if required by development; 

Required modifications to existing (i.e., currently on site) site utUities (e.g., water, 

electrical, drainage) in non-cap/non-cover areas due to changes in site grading beyond 

those described in this Proposal; 

Off-site disposal of excavated materials beyond what is required by the SOW; 

Removal or modification of the Former Grant Gear Building slab/foundation or boiler 

room slab/foundation; 

Loaming and seeding other than loaming and seedmg in the proposed detention ponds 

as shown in the T-M Design Drawings; 

Landscaping; 

Parking lot Une painting; 

Signage; 

Sidewalks; 

Removal or installation of permanent fencing; 

Curbing other than the Cape Cod berm shown on the T-M Design Drawings.; and 

Items specifically excluded in the above-described scope of work for Scope Items 1 

and 2. 

BASIS OF BILLLNGS 

The lump sum price for the above described scope of work is $540,000 including an 

allowance of $66,000 for Scope Item 3 and a $10,000 allowance for the installation of twelve 

inches of granular fill and the Bentomat'TM liner in the detention ponds. 

The two allowances will be managed in the following maimer: 

Installation of the light stantion bases and electrical conduit will be billed to the Client 

at invoiced cost plus 10 percent. GZA's current estimate of the cost for this work is 

$60,000 ($66,000 including the 10 percent markup). The actual cost may be higher or 

lower and Client agrees to pay the cost plus 10 percent in either case. 
921, Inc. July 1, 1997 

File No. 14076.91 Paae 8 

Installation of twelve inches of granular fill and the Bentomat'^^< liner within the 

detention ponds will be billed to the Client at invoiced cost plus 10 percent. GZA 

current estimate of the cost for this work (including markup) is $10,000. The actual 

cost may be lower or higher and Client agrees to pay the cost plus 10 percent in either 

case. 

ADDITIONAL WORK 

.Additional work beyond that included in the lump sum price and allowances will be billed in 

the following manner: 

Client will pay 50 percent of additional design costs associated with attaining 

modified Finish Grade Elevations beyond what is shown on the T-M Design 

Drawings for changes in grades associated with changes in the quantity or quality of 

material generated during the RD/RA. 

Client will pay 110 percent (including markup) of GZlA's additional costs associated 

with installing a drainage system different from that shown on the T-M Drawings and 

described under Item 2. If the modifications to the site drainage.system beyond what 

is shown on the T-M Design Drawings and described under Item 2 result in a cost 

savings. Client will receive a credit in the amount of 60 percent of the cost savings. 

Other work requested by Client will be billed in accordance with the following: 

Item Basis 

Labor See attached rate sheet 

Subcontractors Invoiced cost plus ten percent (10%) markup 

Materials Uivoicedcostplus ten percent (10%) markup 

Third Party Costs Invoiced cost plus ten percent (10%) markup 

GZA Laboratory See attached rate sheet 

Owned Equipment Rental See attached rate sheet 
921, Uic. 

File No. 14076.91 

July 1, 1997 

Pa2e9 

PAYMENT 

We understand that the Client will establish an escrow account for 110% of the lump sum 

amount. GZA will invoice the Client bi-weekly. We understand that GZA will be paid from 

the escrow account and that disbursements from the escrow account wiU be made by Gregg 

Wilson, Esq. Our terms require payment within 30 days. 

CONDITIONS OF ENGAGEMENT 

Conditions of engagement are described in the attached Terms and Conditions. 

ACCEPTANCE 

This proposal may be accepted by signing in the appropriate spaces below and remming 

one copy to us. This Proposal for Services, and the Terms and Conditions shall constitute 

the entire agreement between the parties. This Proposal for Services is valid for a period of 

fifteen (15") days from the date of issuance. 

We look forward to working with you on this project. If you have any questions 

conceming this Proposal for Services, please do not hesitate to contact Al Ricciardelli at 

617-969-0^050. 

Very tmly yours,. 

GZA GEOENVIRON'MENTAL, DvfC. 

J. RicciardelU 

Associate Principal 

PFS/AJR:idm 

rephi 

Senior Principal 

Attachments: Toomey-Munson, Inc. design drawings entitled "Norwood PCB Superfund 

Site, Phase n - Soil/Brook Remediation, Norwood Massachusetts", Sheets 1, 

2, 3, and 4 dated March 17, 1997 with revisions dated April 28, 1997 

TGG letters dated May 13, 1997 and May 30, 1997 

Terms and Conditions (05/96-Edition/05-9012) 

K:M.i076.0D8\!-576-92.MAV.CORRESF\0d850I08.doc 
921, Inc. 

File No. 14076.91 

July 1, 1997 

Page 10 

This Proposal for Services and the Terms and Conditions are hereby accepted and executed 

by a duly authorized signatory, who by execution hereof, warrants that he/she has full 

authority to act for, in the name, and on behalf of 921, Inc. 

'y^y. 

Typed Name: Ly<Z^{AfZ^/^ - y-^'fy 
GZA GEOENVIRONMENTAL. 

LABOR RATE SHEET 

INC. 

lASQR 

Principal 

Division Manager or Consultant 

Senior Project Manager or Senior Engineer 

Assistant Project Manager 

Site Manager or Project Engineer 

Engineer/Environmental Specialist I 

Engineer/Envirorimental Specialist II 

Engineering Technicicin I 

Engineering Technicicin II 

Word Processor 

Other Clerical 

OTHER 

Computer Aided Design (CAD). Equipment Use Charge 

Surcharge for Personnel ProtecUon Equipment 

Rates shown are per person, per hour. Level C 

Level B 

Per Diem 

Travel and Related Expenses 

ICV 14076.0D8\ 14076-50.MAV\CORRESP\0d850rs 1 .doc 

$ 7.00 

$ 10.00 

FYoject: Grant Gear 

14076 

$155.00 per hour 

$135.00 per hour 

$115.00 per hour 

$85.00 per hour 

$100.00 per hour 

$ 76.00 per hour 

$ 66.00 per hour 

$ 58.00 per hour 

$ 52.00 per hour 

$ 44.00 per hour 

$ 36.00 per hour 

S 20.00 per hour 

$ 85.00 per day. per person 

Actual Cost plus 15% 
GZA GEOENVIRONMENTAL 

REMEDIAL CONSTRUCTION DIVISION. .NEWTON 

RENTAL EQUIPMENT RATE SHEET* 

3/6/97 

Project: Grant Gear 

14076.5 

1 EQUIP. 

ID 

EQUIPMENT 

DESCRIPTION 1 

PICKUP TRUCKS 

2 1996 Dodge 1500 WT(DPC) 

11 1989 Ford F350 Super Duty Rack Tmck 

3 1 

14 

80 

] 

12 

71 

PUMPS 

P-l 

[996 Dodge 1500 HD (GRM) 

[988 GMC Sierra 3500 Utility Tmck 

1989 GMC Sien^ 2500 Utility Tmck (site only) 

1990 Ford F250 Pickup (RFM) 

1988 GMC Sierra 3500 Pickup (site only) 

3" Self Priming Centrifugal Gas Pump 

P-2 1-1/2" Self Priming Solids Handling Gas Pump 3.5 HP 

P-3 2" Self Priming SoUds Handling Gas Pump 5 HP 

P-4 55 Gallon Dmm Pump 120 VAC 

P-5 Zoeller Submersible Dewatering Pump 230 V 50 GPM (2) 

P-6 IZoeUer Submersible Dewatering Pump 230 V 50 GPM (2) 

-?y: -. ^RENTAL.RSl]ESIiiil»«*tl 

HOUR 

SIO 

$20 

SIO 

$20 

SIO 

DAY 

$25 

$40 

$25 

$40 

$25 

$35 

$25 

$25 

•$25 

$25 

P-7 1 Zoeller Submersible Dewatering Pump 120 V 35 GPM 

P-8 |4'"..Submersible Pump w/ Level Control 120 VAC 5 GPM 

P-9 14" Submersible Pump w/ Level Control 230 VAC 5 GPM 

P-10 |6" Submersible Pump w/ Controller 75 GPM (Dewatering) 

PDD-1 19 GPM Air Driven Double Diaphram Pump 

PDD-2 10 GPM Air Driven Double Diaphram Pump 

P-OIA iMasterflex Sampling Pump 12 VAai 5 VAC 

P-100 

.P-ll 

P-12 

DVl 

P-13 

ORS Oil Scavenger Recovery Pump 

Teel Transfer Pump 115/230-1 HP, 80 GPM @ 10' 

Gmndfos Transfer Pump 115-1 HP, 40 GPM @ 70' 

Dmm VAC 115V Dual Head 

Teel Suction Pump 115V-1HP 48 GPM @ 10 PSI, @ 10' 

P-l4 Sewage Pump - Teel 230V 2-1/2" OuUet 

PS-01 

HOSE 

HS1.5 

HS20 

HS20 

HS4 

2" Gmndfos SampUng Pump 

1 

. 

[ift 

1-1/2" Canvas Roll - Flat Hose 50' . 

2" Vinvl Roll-Flat Hose 50' 

2" Flexable PVC Hose 25' 

4" Hexable PVE Hose 25' 

MSC-20 4" HDPE Containment Pipe 1 

TOOLS & EOUIPMENT 1 

DT55 

COMPl 

55 Gallon Dmm Tilt - Forklift Mount 1 

$25 

WEEE : ','] 

$100 

$150 

$100 

$150 

$100 

$100 

$100 

$140 

$100 i 

$100 

$100 

$100 

$100 

$25 $100 

S25 SlOO 

$25 $100 

$35 

$25 

$25 

$25 

$100 

$25 

$25 

$25 

$25 

$50 

S50 

$2 

$0.30 

$4 

$5 

$0.40 

S25 

0 Plate Compactor HennrichHM 10 1 SlOO 

$140 

$100 

MONTH 

$400 

$500 

$400 

$500 

$250 

$400 

$250 

$420 

$300 

$300 

$300 1 

$300 1 

$300- • 

$300 , 

$300 

$300 

$400 

$300 

$100 $300 

1 $100 $300 

$400 $1,200 

$100 

$100 

$100 

$100 

$200 

$200 

$8 

$1.20 

$16 

$20 

$1.30 

SlOO 

S400 

$300 

$300 

$300 

$300 

$350 

$650 

$25 

$3.60 

$50 

$60 

$4 

$300 

$1,200 

f:\ior.;\l-in76\Ec-.;:jost..xis Pase 
GZA GEOENVIRONMENTAL 

REMEDLM. CONSTRUCTION DP/ISION, NEWTON 

RENTAL EQUIPMENT RATE SHEET* 

3/6/97 

'^QUIPID 

EQUIPMENT . 

DESGRIPTTON I 

TR3000 Electric Pipe Threader w/ Stand - RIGID 3000 

MHDl Hilti Hammer DriU 

MHD2 Hilti Hammer DriU 

CFI ( 

CFIA < 

S-6 

H-l 

H-2 

HL-IO 

CFIA 

AP120 

PATOl 

Zhain Fall - Chisolm-Moore 1/2 ton 

Chain Fall - Chisolm-Moore 1/2 ton 

18" SS Shipper Tower (goes in treatment components) 

100,000 BTU Space Heater - Reddy 

150,000 BTU Space Heater - ARL-DESA 

1,000 Watt Work Light w/Stand 

1,000 Lbs. Eauipment Lift Tripod - Williams 

Portable Air Compressor 120 VAC 

14 Gal. Portable Air Tank 

MIDI Mustang Jet Drain 

TRTOl iTransite, Rod & Tripod 

?LOC10 Pipe & Cable Locator 

VB40 Greenlee VAC/B lower Power Fish Tape 

iLOWER 

-GSCELLANEOUS 

RPI 10 j Motorola 2 Way Radios - Pair (4) 

RPOl Motorola 2 Way Radios - Pair (4) 

RP02 1 Motorola 2 Way Radios - Pair (4) 

RP03 1 Motorola 2 Way Radios - Pair (4) 

RP04 1 Motorola 2 Way Radios - Pair (4) 

aEALTl 

CSEl 

CSE2 

>LM140< 

MSAOl 

I & SAFETY 

Confined Space Entry Tripod (Miller) & Winch 

Confined Space Entry Tripod (DBI/SALA) & Winch 

D Sound Level Meter - Quest Model 1400 

LEL/02 Meter (MSA) (2 avail) 

MSA02 LEU02 Meter (MSA) (2 avail) 

lOSPLU 

lOSPLU 

lOSPLU 

lOSPLU 

S Photvac I OS Plus GC Portable (4 avail) 

Project: Grant Gear 

14076.5 

ZZy<- • --RENTAURATESii^ili:; 

lOUR D I Y AVEEir-MONTHl 

$35 $150 

$40 $160 

$20 $80 

$10 $40 

$10 1 

$20 1 

$20 

$40 

$100 

$80 

$80 

$20 1 $80 

1 $40 

$35 

$10 

$160 

$140 

$400 

$480 

$240 

$150 

$150 

$350 

$200 

$200 

$200 

$480 ;" 

$420 

$30 $100 

$75 $275 $800 

1 $100 $400 

1 $75 1 $275 

$35 $140 

$1,200 ' 

$600 '. 

$350 

1 

• 1 

. 1 $20 $45 

1 $20 $45 

S Photvac I OS Plus GC Portable (4 avail) 

S Photvac lOS Plus GC Portable (4 avail) 

S Photvac lOS Plus GC Portable (4 avail) 

HL2000 Photvac HL2000 Microtip PID (3 avail) 

i HL2001 Photvac HL2000 Microtip PID (3 avail) 

HL2002 Photvac HL2000 Microtip PID (3 avail) 

DLlOl Dust Meter (5 avaiH - Rustrak DLlOl w/ data logger 

, DL102 iDust Meter (5 avail) - Rustrak DLlOl w/data logger 

$20 $45 

$20 1 $45 

$20 

$50 

$50 

$20 

$25 

$25 

$150 

1 $150 . 

$150 

$150 

$45 

$45 

$45 

$45 

$150 

$150 

S75 

$100 

$100 

$600 

$600 

$600 

$600 

$200 

$200 

S200 

1 S35 S140 

1 1 S35 S140 

$100 

$100 

$100 

$100 

$100 

$500 

$500 

$200 

$250 

$250 

$1,600 

$1,600 

$1,600 

$1,600 

$600 

$600 

$600 

S400 

$400 

\|Obs- ;-T'6\Equ:.-cv. x'.> Page 2 
GZA GEOENVIRONMENTAL 

REMEDIAL CONSTRUCTION DIVISION. NEWTON 

RENTAL EQUIPMENT RATE SHEET* 

3/6/97 

Project: Grant Gear 

14076.5 

i^EQUIP. 

ID 

DL103 

DL104 

DL105 

EXPLOl 

CB250 

CB175 

Dust Meter (5 avail) - Rustrak DLlOl w/ data logger 

Dust Meter (5 avail) - Rustrak DLlOl w/ data logger 

Dust Meter (5 avail) - Rustrak DLlOl w/ data logger 

Explosion Proof Drop Light 

250 CFM Copus Blower 

175 cFM Copus Blower 

-

• - -•-.;RENTAI^ilAigESiiSfeiilS*l 

HOUR DAY IWEEIOi 

$35 

$35 

$35 

$10 

$50 

$50 

$140 

$140 

$140 

$25 

$150 

$150 

"MONTH 

$400 

$400 

$400 

$100 

$400 

$400 

•^Mob/Demob Charges are billed at T&M. 

f:'.;obsM-0T6'£c:uiccM.-xls Paae 3 
TECHNICAL EQUIPMENT RENT^L RATES April 1, 1996 

p".\pda\rcn'ir.iie.xi 
TECHNICAL EQUIPMENT RENTAL RATES April 1, 1996 

;?^:i-ri;it^ijafHin5^®9i^=«j ^aEiijdfiWei;^;: 

Sound Powered Head Set $20 

Strain Gage Insulation Tester 

Portable Spot Welder 

Peristaltic Pumo 

Metal Detector 

Electric Generator 

Honda Pump/Teel Pump 

Cone. Penetrometer 

Sediment Samoler 

Geopuard Pumo 

Weather Stadon 

Humidity/Temo Meter 

Type K Thermacouole Reader 

Saximeter 

Radar Gun 

Sensidync Pumos 

Grundfus Pumo System 

Pneumatic Piezo Reader 

Turbidity Meter 

SCBA (*Plus Refill) 

Airline System 

Field Filter Kit 

Mini RAM 

02/C02 Meter 

Barometer 

Thennometer 

BTunton Comoass 

Lumidor (4 Gas) - Loegine 

Micro Gas (4 Gas) 

Battery 

Flow Meter/Marsh MCB 

Vehicle 

$30 

$40 

$30 

$40 

$40 

$40 

$40 

$30 

$120 

$110 

$40 

$40 

$55 

$55 

$20 

$110 

$50 

$40 

$50* 

$50/Stadon 

-

$50 

1 $80 

1 S40 

1 $10 

1 S30 

1 $80 

1 $50 

1 $10 

1 $50 

1 $80 

g&wBKiy^RSfgsa feBHjatiaa?ai^te*-i 

$60 

$100 

$140 

$100 

$140 

$140 

$140 

$140 

$100 

$430 

$380 

$140 

$140 

$220 

$220 

$80 

$380 

$220 

$140 

$170 

$170/Station 

$20/week 

$220 

$290 

$140 

$10 

$100 

$290 

$220 

$30 

$220 

$290 

$110 

$160 

$230 

$160 

$230 

$230 

$230 

$230 

$160 

$750 

$660 

$230 

$230 

$380 

$380 

$130 

$660 

$380 

$230 

$300* 

$300/Stador 

-

'^v^KKoraGSSgS^ 

$150 

$260 

$370 

$260 

$370 

$370 

$370 

$370 

$260 

$900 

$750 

$370 

$370 

$580 

$580 

$170 

$750 

$580 

$370 

-

I 

1 

$380 1 $580 1 

$490 1 $600 

$230 1 $380 

$20 1 $40 

$200 1 $300 

$490 1 $600 

$380 $580 

$50 1 $70 

$380 1 $580 

$490 1 $600 

pApdaXrcntraicvis 
EXPENDABLES SUPPLIES CHARGES 

April I, 1996 

i^sssi^j^gsssatem^t^sg^gs^i^gg ^^^^mmss^s m 

Squeeze Bottles $7.00 

Trionic Gloves 

Cotton Gloves 

N-Dex Gloves 

Tyvek (Polycoated) 

Flaggine Taoe 

Spray Paint 

Filters for Field Filter Kit (ea.) 

Paoer Towel 

Helmet Liner 

Hard Hat 

Well Point (Redhead type) 

Riser Pioe 5' Section for above 

Drive Cao for above 

Cao for above 

Safety Glasses 

Resoirator Cartridges 

DisDosable Boots 

Rain Gear Set 

Slush Boots 

$7.00 

$1.50 

$25/Box 

$11.00 

$3.50 

$8.00 

$25.00 

$1.50 

$10.00 

$10.00 

$125.00 

$35.00 

$15.00 

$5.00 

$7.50 

$15.00 

$8.00 

$25.00 

$20.00 

6' Ruler $15.00 | 

IOO Foot Taoe 

Field Level Book 

Ear Muffs 

PVC Pioe 5' Section (1/2 inch) 

PVC Slotted Section (IA2 inch) 

PVC Plugs (1/2 inch) 

Plastic Tubing. Per Foot LDPE 

Watera Foot Valve 

Crack Gaec 

Road Box Kev 

Methanol, 1 Gal 

Master Flex Tubing, Per Foot 

Electrical Taoe 

Duct Taoe 

Nylon String 

Sensidvne Tube/Box 

Clear Bailer (1.05") 

IPlastic Bailer Disposable (1.66") 

$30.00 

$15.00 

$20.00 

$12.50 

$15.00 

$10.00 

$0.50 

$25.00 

$20.00 

$20.00 

$20.00 

$4.00 

$5.00 

$8.00 

$3.50 

$60.00 

$55.00 

$17.50 

p-.\pda\expsupp.xls 
SCHEDULE OF ENVIRONMENTAL CHEMISTRY LABORATORY CHARGES 

CENTRAL NEW ENGLAND REGION 

Effectwe Date: March 1,1997 

ORG.AMCS - EPA PROTOCOL ANALYSES 

Unit Price 

Halogenated Volatile Organics, EPA Method 601, 8010 or 502.1 $1(X) 

Non-halogenated Volatile Organics - Total Volatile Petroleum Hydrocarbons, EPA Method 8015 $ loo 

Aromatic Volatile Organics, EPA Method 602,8020 $100 

Combined EPA Methods 8010/8020, 8020/8015, EPA Method 8021, or 502.2 $150 

Organochlorine Pestiddes and PCBs, EPA Mediod 8080 $160 

PCBs or Pestiddes Only $140 

GC/MS for Volatile Organics, EPA Method 624,8240,8260 or 524.2 $200 

GC/MS for Semi-volatile Organics, EPA Method 625,8270 

Add/Base/Neutral Extractable Compounds * $50{) 

Add Extractable Compounds Only * $200 

Base/Neutral Extractable Ck)mpounds Only * $300 

Polynuclear Aromatic Hydrocarbons (PAHs) Oniy * $ 150 

Phthalate Esters Only * $15a 

Total Petroleum Hydrocarbons (TPH-IR), EPA Method 418.1 $ 100 

Oil & Grease - Total Recoverable, EPA Method 413.2 S lOCr 

ORGANICS - PETROLEUM HYDROCARBONS PROCEDURES 

Massachusetts Health - Based Total Petroleum Hydrocarbons (HB-TPH): 

Unit Price 

Volatile Petroleum Hvdrocarbons fVPH) 

Full VPH-TPH and Targeted Aromatic Hydrocarbons $150 

Partial VPH - TPH only Cm conjunction w/ 8020, 8240, 8260 - aqueous samples only) $ 100 

Extractable Petroleum Hvdrocarbons (EPK) 

Full EPH-TPH and Targeted PAHs by GC $250 

Full EPH - TPH and Targeted PAHs by GC/MS $350 

Partial-EPH - TPH only (in conjunction with 8270) • $200 

Note: VPH requires determination of targeted aromatic (BTEX) compounds and EPH requires determination of polynuclear aromatic hydrocarbons (PAHs). The results are otherwise meaningless. 

Traditional Petroleum Hvdrocarbons Procedures. 

TPH GC-FID (Quantitation only) $100 

Fingerprint Upgrade $75 

Petroleum Hydrocarbon Fingerprinting ' $175 

The standard tumaround for all services is five business days except for ABNs, TCLP, and very large 

proiects (>20 samples) which have a ten day mmaround. 
Unir? 

ORGANICS - GZ.A. SCREENING PROCEDURES 

Volatile Screening: 

GC Screening of water or soil by static headspace, air samples with 

Tedlar Bags, miscible solvents by Direa Aqueous Injection (D.AI.) 5~^: 

HNU Screening of Soil Sample ~ 

Semi-Volatiles Analysis: 

PCBs or Pestiddes S3I>: 

Combined PCBs and Pestiddes SIUI 

TPH GC-FE) (Quant, only) ^Zfl 

Fingerprint Upgrade 5 ^ 

PHC-Fingerprinting ^~ : 

Sample Extraction within holdirig time, then 

hold for possible analysis 25" 

HA21ARDOUS WASTE CHARACTERIZATION 

Toxicirv Characteristic Leaching Procedure (TCLP) * 

Un-?—— 

Zero Headspace Extraction for VOA 8240 

Bottle Prep Extraaion for RCRA-8 Metals and Semi-volatiles 

Analysis of TCLP Leachate for: 

- Volatile Organics, EPA Method 8240 

- RCRA-8 Metals 

- Semi-volatiles 

- Pesticides and Herbicides (incl. extraaion)** 

Other Waste Charaaerizations 

- Corrosivity (pH) EPA Method 9045 

- Flash Point (Igniiability) EPA Method 1010*" 

- Reactivity (Cyanide & Sulfide )** 

- Paint Filter Liquids Test EPA Method 9095** 

TCLP Package Sub-Total: 

Sub-Total: 

Hazardous Waste Characterization Package Total: 

The standard tumaround for« all ser\ices is five business days except for ABNs, TCLP, and v.-sprojects (>20 samples) which have a ten-day tumaround. 

Semces performed by subcontracted lab (pnces have been marked up 15%). 
INORGANICS - EPA PROTOCOL ANALYSES 

Elements: (Add sample preparation costs) 

Aluminum (Al) 

Antimony (Sb) 

Arsenic (As) 

Barium (Ba) 

Ber^um (Be) 

Boron (B) 

Cadmium (Cd) 

Caldum (Ca) 

Chromium, Total (Cr) 

Chromium, Hex (Cr**) 

Cobalt (Co) 

Unit Price 

$25 

$20 

$20 

$15 

$20 

$25 

$15 

$15 

$20 

$25 

$20 

Unit Price 

Copper (Cu) 

Gold(Au) 

Iron(Fe) 

Lead(Pb) 

Magnesium (Mg) 

Manganese (Mn) 

Mercury (Hg) 

Molybdenum (Mo) 

Nickd (Nl) 

Platinum (Pt) 

Potassium (K) 

$15 

$25-

$15 

$20 

$15 

$15 

$35 

$20 

$20 

$25 

$15 

Sample Preparation (per sample basis for one or more elements, except Hg = 

Sample Filtration 

Sample Compositing 

-

Selenium (Se) 

Silica (Si) 

Silver (Ag) 

Sodium (Na) 

Strontium (S) 

Thallium (Tl) 

Tin(Sn) 

Titanium (Ti) 

Tungsten (W) 

Vanadium (V) 

Zinc (Zn) 

= no charge) 

Unit Price 

$20 

$25 

$20 

$15 

$25 

$20 

$20 

$20 

$25 

$20 

$15 

Unit Price 

$20 

S3 5 

$25 

METALS PACK.A.GES (Price includes sample preparation) 

RCRA-8 Metals (Ag, As, Ba, Cd, Cr, Hg, Pb, Se) 

Priority Pollutant-13 Metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, TL Zn) 

$170 

$260 

Combined pH and Conduaivity Water $20 

Soil $25 

The standard tumaround for all services is five business days except for ABNs, TCLP, and very large 

projects (>20 samples) which have a ten day tumaround. 

F\AD.'v<IS'iSTM3'.CEN'Ea-| ECL 
SCHEDULE OF GEOTECHNICAL LABORATORY CHARGES 

Effective Date: March 1, 1996 

IDENTIFICATION AND CLASSIFICATION TESTS 

Unit Cost 

1. Handling charge for Shelby Tube samples including storage of samples 

for duration of test program, reporting visual identification of soil, 

unit weight, and laboratory log of sample $ 65.00 

2. Handling charge for block samples including storage of samples for 

duration of test program, reporting visual identification of soil, unit 

weight, laboratory log of sample, and Torvane determination Payroll cost x 2.7 

3. Handling charge for bag samples 20.00 

4. Visual classification of soil samples when not included as pan of a test 15.00 

5. Torvane determination when not included in other tests 7.00 

6. Moismre Content when not included in other tests 10.00 

7. -Combined Moisture Content and Torvane Determination 15.00 

8. Liquid and Plastic Limits - including dry or wet preparations of sample; 

determination and reporting liquid limit (by 3 point method), plastic 

limit and natural water content 60.00 

9. Report percent finer than No. 200 sieve 35.00 

10. Sieve Analysis of plus No. 200 sieve - including graphical presentation 

of results 60.00 

11. Hydrometer Analysis including preparation of sample, graphic presentation 

of results 60.00 

12. Combined Sieve and Hydrometer Analysis 1(X).00 

13. Specific Gravity of soil 60.00 

14. Organic Content determination - reporting natural water content and 

percent organic 40.00 

15. pH of soil sample 15.00 
Unit Cost 

CONSOLIDATION TEST - 2.5-ir^JCH DIAMETER SAMPLES 

16. Test includes loading from 1/4 to 16 tsf, doubling the previous load, 

unload sequence of 16, 4, 1, 1/4 tsf, apply loads at 24-hour intervals, 

determine initial and final water content: 

16.1 Time-compression readings during all load increment, graphical 

presentation of volumetric strain vs. log of applied pressure 325.00 

a. Quick test - load incremented at end of primary consolidation 

(tlOO). Hold one increment for secondary consolidation. 450.00 

16.2 Additional Charges: 

a. Four increment intermediate unload-reload cycle without 

time readings 60.00 

b. Four increment intermediate unload-reload cycle with time 

readings on load increments 90.00 

c. Additional load or unload increments without time readings, 

per increment (below 16 tsf) 30.00 

' d. Additional load or unload increments with time readings. 

per increment 40.00 

e. Time readings on unload increments, per increment 40.00 

f. For tests performed in accordance with 16.1, determinations 

of Cy and tabulation of Cy vs. log of applied pressure for 

load increments 1/4 tsf to 16 tsf 75.00 

g. Preparation of remolded and/or compacted specimen. 90.00 

h. Surcharge for 12-hour increments 150.00 

STRENGTH TESTS 

17. Unconfined Compression Tests (Undisturbed Sample) 

17.1 Repon initial sample data (Nawral Water Content, Unit Weight); 

failure stress and strain: 

a. 1.4-inch and 2.0-inch diameter 80.00 

b. 2.8-inch diameter 60.00 
17.2 Report initial sample data and graphical presentation of 

stress vs. strain: 

Unit Cost 

a. 1.4-inch and 2.0-inch diameter 

b. 2.8-inch diameter 

100.00 

90.00 

17.3 .Additional charges: 

a. Remolding of undisturbed specimen 

b. Reconstituting compacted specimen 

18. Direct Shear Test (2.5-inch diameter) 

18.1 Consolidated-drained test of undismrbed fine-grained soil; 

report initial sample data, graphical presentation of deformation 

vs. shearing, load. Failure stress when appropriate, per specimen 

tested ^ • 

a. Per additional normal stress 

75.00 

75.00 

250.00 

150.00 

18.2 Consolidated-drained test on reconstituted coarse-grained soil ' 

(material passing No.,10 sieve). Report as in 18.1, per specimen 

18.3 Additional charges: 

a. Preparation of remolded or reconstituted specimen 

19. Triatrial Compression Test 

Unit costs are for strain controlled compression test on undisturbed sample. 

(Prices for stress controlled tests or extension tests available on request). 

19.1 Unconsolidated Undrained Triaxial Test. Includes sample preparation, 

reporting initial and final sample data, and graphical presentation of 

deviator stress vs. strain: 

150.00 

75.00 

a. Per 1.4-inch diameter and 2.0-inch diameter 

b. Per 2.8-inch diameter 

160.00 

140.00 

19.2 Consolidated Isotopically Undrained triaxial test with back pressure. 

No measurement of pore pressure. Repon as in 19.1 plus pore 

pressure response: 

a. Per 1.4-inch and 2.0-inch diameter Specimen 

b. Per 2.8-inch diameter Specimen 

c. Per 4.0-inch diameter Specimen 

250.00 

- 275.00 

320.00 
Unit Cost 

19.3 Consolidated Isotopically Undrained triaxial test. Includes sample 

preparation, consolidation with back pressure, pore pressure 

measurements, repon initial and final sample data, graphic 

presentation of deviator stress, principal stress ratio, A factor vs. 

axial strain and stress path: 

a. Per 1.4-inch and 2.0-inch diameter Specimen 400.00 

b. Per 2.8-inch diameter Specimen 450.00 

c. Per 4.0-inch diameter Specimen 650.00 

19.4 Consolidated Isotopically Drained triaxial test. Includes sample 

preparation, consolidation with initial and fmal sample data 

measurenients, repon initial and fmal sample data, graphic 

presentation of deviator stress and volume change vs. axial strain, 

and failure Mohr envelope: 

a. Per 1.4-inch and 2.0-inch diameter Specimen 550.00 

b. Per 2.8-inch diameter Specimen 650.00 

c. Per 4.0-inch diameter Specimen 750.00 

four Cohesionless soils deduct $100,'$150, and $200, respectively 

19.5 Additional related charges: 

a. Preparation of remolded or compacted specimen: 

1. Per 1.4-inch & 2.0-inch diameter Specimen 75.00 

2. Per 2.8-inch diameter Specimen 90.00 

3. Per 4.0-inch diameter Specimen 125.00 

b. Trimming of stiff fissured clay or residual soil 100.00 

c. Determination of E/S^ for four stress levels On request 

d. If continuous ovemight readings required during straining 

(Test time greater than 12 hours) 100.00 

e. KQ Consolidation (Max. vertical consolidation pressure less 

than 12 ksf) 0CR=1 (1.4 & 2.0inches diameter samples) On request 

f. KQ Consolidation for overconsolidated specimens 

(1.4 & 2.0inches diameter samples): 

1. OCR 2 On request 

2. OCR 4 On request 

3. OCR 8 On request 
UniiCost 

h. For Anisotropic consolidation stages. Measure vol. change and 

axial deformation. 

1. Per increment 1.4 or 2.0 inches 100.00 

2. Per increment 2.8 inches 125.00 

3. Per increment 4.0 inches 150.00 

20. Compaction Tests 

As appropriate, unit costs include graphic presentation of dry density vs. water content. All 

soil air-dried prior to compaction test and soil containing less than 15% passing No. 200 

sieve, unless specified otherwise. 

20.1 Five point compaction test, 4inches mold, ASTM D698 125.00 

20.2 Five point compaction test, ASTM designation D1557: 

a. Method A 130.00 

b. Metiiod B or C 160.00 

c. Metiiod D 200.00 

20.3 HarN-ard Miniature Kneading Compaction of cohesive soils 

(soils having greater than 15% passing No. 200 sieve) 160.00 

20.4 Additional charges: 

a. Material not air-dried prior to compaction test: 

1. Cohesionless soil 35.00 

2. Cohesive soil 65.00 

b. Surcharge ASTM D698 or ASTM D1557 test on cohesive soils 90.00 

c. Sieve analysis of soil 55.00 

d. Handling of bag samples 20.(X) 

20.5 Determine Maximum and Minimum Density by Modified Providence 

Vibrated Density Test (Ref Corps of Engineers Manual 

EMI 110-2-1906) " 150.00 

20.6 California Bearing Ratio Test, DSTM Destination D1883-87 

Does not include determination of density vs. moisture content 250.00 
Unit Cost 

21. Permeability Tests (Natural Soils) 

21.1 Falling Head Permeability tests on undisturbed or reconstituted 

fine-grained soil, K less than 10'^ cm/sec, specimens 4.0 inches 

in thickness, 2.0 inches in diameter. Test al one confining pressure, 

back pressure samples, report permeability value 285.00 

a. Each additional confining pressure 100.00 

21.2 Constant Head Permeability tests on reconstimted or undisturbed 

granular soils, 3.0 -J~ inches in diameter. Test in fixed ring 

permeameter and one hydraulic gradient. Report permeability value 225.00 

21.3 Additional charges: 

a. Determination of cpmpactive effort for reconstimted specimen 75.00 

22. Permeability Tests (Augmented Soils, i.e. Bentonite, Cement, etc.) 

22.1 Falling Head Permeability Test on soil bentonite backfill mix 

at slump density or undismrbed test at one confining pressure, 

back pressure samples, distilled water permeant, report permeability 

value 450.00 

a. Each additional confining pressure 175.00 

b. Permeate with site leachate On request 

22.2 Constant Head Permeability Tests on soil-bentonite backfill mix at 

slump density. Test in Modified API Filter cell, distilled water 

permeani. Report hydraulic gradient and permeability value 150.(X) 

a. Each additional hydraulic gradient 75.00 

.b. Permeate with site leachate On request 

22.3 Additional charges 

a. Long term (> 2 weeks). Permeability tests 

Equipment rental charges 1%/day to 

65% upset 

Staff Payroll cost x 2.7 
Dynamic Tests 

23. Cvciic Triaxial Tests 

Unit Cost 

Test performed in pneumatic stress controlled loading unit. 

Load Frequency is up to 2 cps. 

23.1 Undisturbed cohesive test specimen. Report graphically stress 

ratio vs. cycles to failure. Also peak to peak axial strain, 

total axial strain, and change in pore pressure vs. number of 

loading cycles. Per specimen 

23.2 Same as in 1 on reconstituted specimen of cohesionless soil 

23.3 Determination of compactive effort for reconstimted samples 

24. Resonant Column Tests 

Test includes sample set-up, measurement of volume change, determination 

of shear modulus and damping at four strain levels and at one confining 

pressure. Report initial and fmal sample data, graphical presentation of 

shear modulus and damping vs. strain level. 

On request 

On request 

On request 

24.1 For cohesionless soils: 

a. Per 1.4 inch diameter specimen 

b. Per 2.0 inch diameter specimen 

24.2 For cohesive soils: 

a. Per 1.4 inch diameter specimen 

b. Per 2.0 inch diameter specimen 

24.3 Additional charges: 

On request 

On request 

On request 

On request 

a. For each additional confining pressure, measurement of 

shear modulus and damping at four strain levels, report 

shear modulus and damping vs. confining pressure: 

1. Cohesive soils 

2. Cohesionless soils 

b. Measurement of damping and shear modulus vs. time at 

one strain level until modulus becomes essentially 

constant. Graphical presentation of shear modulus 

and damping vs. time: 

For cohesive soils, monitoring time 24 hours or less 

For cohesionless soil, monitoring time 1 hour or less 

On request 

On request 

On requesi 

On requesi 
24.3.c Determination of compactive efforts to prepare reconstituted 

samples to specified density 

24.3.d Trimming of residual soils, stiff fissured clays or other 

difficult soils to either 1.4 inch or 2 inch diameter 

25. Miscellaneous 

25.1 Photograph of sliced specimens, each 

25.2 Photographs of varved clays with varve count 

25.3 Requests by the client for testing requiring special equipment will be 

charged at cost plus 15%. 

25.4 Charges for preparation of formal reports at payroll cost x 2.7. 

25.5 The above quotations do not include charges for project adihinistration 

such as meetings with client, program planning, QA audits, or tube 

openings to visually classify soils for sample selection. Charges 

for these services will be at payroll cost x 2.7, plus expenses. 

25.6 For programs requiring compliance with Quality Assurance programs and 

verification thereof, add a 25% surcharge to all test prices. 

UnitCost 

On request 

On request 

40.00 

75.00 

25.7 Other Tests 

Upon request, quotations will be provided for the following tests: 

Shrinkage Limits 

Laboratory Vane Shear Tests 

Soil Thin Section preparation and examination 

Preu^eatmenis to remove salts, organics, etc. 

ROCK TESTING SERVICES 

26. Visual identification and classification of rock sample, per hand specimen 

or core specimen 

27. Peirographic examination and identification of rock hand specimen or core 

specimen—includes cost of thin section preparation—per specimen prepared 

and examined 

50.00 

150.00 
Unit Cost 

28. Color or infra-red photographic logging of samples, 

per photograph 

29. Geologic logging of rock core—description includes rock type, 

rock name, color, grain size or rock texmre, degree of 

weathering, and apparent stmcture 

Payroll cost x 2.7 

Payroll cost x 2.7 

Note: Item 26, Petrographic identifications, may be required for fine-grained rock types. 

Payroll cost x 2.7 

30. Fracture logging of rock cores—determinations of rock quality 

designation (RQD) or fracture spacing index (I^) as requested 

31. Strength logging of rock core-simple determinations related to 

rock strength—includes either rebound hardness using "Schmidt" 

hammer or point load strength determination as requested, per 

determination. 

32. Preparation of core samples for bulk specific gravity, unit weight, 

absorption, permeability, strength and dynamic testing. Includes 

cutting and lapping to right circular cylinder within tolerances 

allowable by the applicable ASTM test procedure. 

32.1 Cutting and lapping of NX core specimen 

Difficult specimens, i.e. weathered or friable rock, 

fissile shale, etc. 

32.2 Cutting and lapping of 4-inch core specimen 

Difficult specimen, i.e. weathered or friable rock, 

fissile shale, etc. 

32.3 Coring of specimens from bulk sample (block): 

a. NX core specimen 

b. 4-inch core specimen 

33. M9isture content determination when not included in other test 

34. Grain Specific Gravity on cmshed samples (not including crushing) 

35. Bulk Specific Gravity, not including preparation of specimen to 

right circular cylinder or other regular form (see item 31), 

per specimen 

Slake durabilitv index 

Payroll cost x 2.7 

50.00 

90.00 

75.00 

115.00 

120.00 

150.00 

10.00 

60.00 

75.00 
Unit Cost 

36. Unit weight determinations when not Included in other tests—not 

including preparation of specimen to right circular cylinder or 

other regular form (see item 31): 

36.1 Per determination on core sample (irregular shape) 

36.2 Per determination on cube, rectangle, prism, or other regular 

form 

37. Absorption determination—not including preparation of specimen to 

right circular cylinder or other regular form (see item 31): 

37.1 Per determination on core sample 

37.2 Per deterinination on cube, rectangle, prism or other 

regular form 

38. Permeability Tests (see item 43.1) 

38.1 Low pressure tests on core samples (to 400 psi)—performed 

in triaxial chambers. Test at one confining pressure and 

one hydraulic gradient—reporting hydraulic gradient and 

permeability value 

38.2 Each additional confining pressure 

39. Strength Tests 

39.1 Unconfined Compression tests include unit weight and water 

content; not including preparation of sample to right circular 

cylinder (see item 32). 

39.1.a Report ultimate strength only: 

On NX core sample 

On 4-inch core sample 

39.l.b Report ultimate strength, vertical strain at failure, 

and secant modulus at 50% of failure as determined by 

end platen to end platen measurements: 

55.00 

30.00 

40.00 

40.00 

On requestOn request 

85.00 

100.00 

On NX core sample 

On 4-inch core sample 

250.00 

275.00 

39.1 .c Graphical presentation of stress vs. axial strain curve, 

reporting secant modulus at 50% of failure: 

On NX core sample 

On 4-inch core sample 

275.00 

275.00 
Unit Cost 

550.00 

150.00 

600.00 

150.00 

39.1.d Graphical presentation of stress vs. axial strain and 

stress vs. diametral strain (strains monitored continuously 

through failure)—reporting elastic constants at any loading 

level required: 

On NX core sample 375.00 

39.2 Brazilian Tensile Strength, reporting ultimate strength only 50.00 

39.3 Direct Shear Tests on Rock 

39.3.a On intact rock—one inch through four inch diameter— 

to 4,000 lbs. maximum normal force, test at 1 normal loading 

Per additional normal load 

39.3.b On shear planes, fracture zones, and weathered rockthrough four inch diameter, test at one normal loading 

Per additional loading 

40. Confined undrained triaxial compression tests on rock—includes unit 

weight and water content (not including preparation of sample to right 

• circular cylinder - see item 32); graphical presentation of stress vs. 

axial strain, reporting initial tangent modulus and secant modulus at 

50% of failure stress 

On NQ or NX core sample 

41. Dynamic Test on Rock (see item 43.1) 

41.1 Pulse velocity and Ultrasonic contents of rock includes unit weight, 

apparent porosity and water content (not including preparation of 

sample to right circular cylinder, see item 32). 

41.1.a Unconfined at one axial stress; report compression and 

shear velocity measurements: 

On.NX core sample On request 

On 4-inch diameter core sample On request 

41.l.b Additional charees: 

550.00 

Determination of compression and shear velocities at 

additional axial stress level, per stress level or 

chamber pressure 

Determination oi ultrasonic elasuc constanis--

per axial stress level 

On request 

On reauest 
Unit Cost 

42. Resonant Column Tests on 'soft' and/or weathered rock, determination of shear 

modulus and damping at four strain levels. Unconfined or at confining pressures 

up to 100 psi (maximum), including sample preparation: 

1.0 inch diameter On requesi 

1.4 inch diameter On requesi 

43. Miscellaneous Charges 

For programs requiring compliance with Quality Assurance programs and verification 

thereof, add a 25% surcharge to all test prices. 

44. Otiier tests 

Upon request, quotations will be provided for the following tests on rock: 

Direct Tensile Strength 

Wetting-Drying Tests 

Freeze-Thaw Tests 

Repeated Loading Tests in conjunction with 

Unconfmed Compression tests 

Triaxial Compression tests or 

Pulse Velocity and Ultrasonic Constant Determinations 

45. Geomembrane Testing 

45.1.a Seam Peel Test (Avg. of 5 coupons) 75.00 

45.l.b Seam Shear Test (Avg. of 5 coupons) 75.00 

46. Direct Shear Testing of Geosynthetics 

46.1.a Geomembrane/Geomembrane or Geomembrane/Sand 

Test at 3 normal stresses 750.00 

46. l.b Geomembrane/Glacial Till 

Test at'3 normal stresses 1,100.00 

For samrated samples add $400.00 

46. l.c Geomembrane/Clay 

Test at 3 nonnal stresses 1,400.00 

For saturated samples 

(min 48 hour soaking period) add $600.00 

47. Corrosivity 

f ijrsen .95''96pnct.geo 
C::;.-.:: 921. Inc 

PnrosalNo.: 14076.91 

OTX TERMS AND CONDITIONS 

FOR CONSTRUCTION AND REMEDIATION 

These Terms and Conditions, together with GZA's Proposal, make up the Agreement between GZ.-\ and you, the Client named above. 

Before countersigning the Proposal, be sure you read and understand the paragraphs entitled Indemnification and Limitation of 

Liability, which deal with the allocation of risk between you and GZA. 

1. Services. GZA will perform the work set forth in its Proposal 

and any amendments or change orders signed by both parties. 

Any request or direction from you that would require extra work 

or additional time for performance or would result in an increase 

in GZA's costs, including unanticipated meetings, will be the 

subject of a negotiated amendment or change order. 

2. Warranty. GZA warrants that the work will be of good 

quality, free of faults and defects and in conformance with the 

Proposal. The foregoing warranty is in lieu of all other 

warranties, express or implied, including warranties of 

marketability or fitness for a particular purpose. You will notifv' 

GZA with reasonable specificity of any deficiencies in the work 

within 30 days of discovery but in no event later than 365 days 

after substantial completion of the work, and you will give GZ.A 

a reasonable opportunity to correct them. GZA will assign to 

you any manufacturers' warranties of equipment or materials 

purchased from others, to the extent they are assignable. Full 

risk of loss of materials and equipment will pass to you upon 

delivery to the site, and you will be responsible for insuring and 

otherwise protecting them against theft and danuge. You 

acknowledge that the work entails risk of personal injury and 

property damage (including cross-contamination) that cannot be 

avoided, even with the exercise of due care. You also 

acknowledge that environmental and geotechnical conditions 

involve uncertainty and that GZA cannot guaranty specific 

results such as the removal or remediation of all contamination 

or the correction of all geotechnical or environmental problems. 

3. Payment E.xcepi as otherwise stated in the Proposal, you 

will compensate GZ.-\ for all services, labor, materials and 

equipment at its standard rates, reimburse its expenses, and pay 

any sales or similar taxes thereon. GZ.A will submit invoices 

periodically, and payment -^i\\ be due within 30 days from 

invoice date. If you dispute aiiy portion of an invoice, yod will 

notify GZA in writing with specificity within 10 days and pay 

the undisputed portion within 30 days from invoice date. 

Overdue payments will bear interest at IVi percent per month or, 

if lower, the maximum lawfji rate. GZA may terminate the 

work upon 10 days' written notice anytime your payment is 

overdue on this or any other project, and you will pay..iot all 

work through termination, plus termination costs. You will 

reimburse GZ.-\'s costs of collecting overdue invoices, including 

reasonable attorneys' fees. 

4. Client's Responsibilities. You will designate to GZA in 

writing a person to act as your representative. You will secure 

the approvals, permits, licenses and consents necessary for 

pert'ormance of the work unless otherwise indicated in the 

Proposal, in which case you will cooperate with GZA and 

compensate ii for obtaining "jiim. You will provide GZA with 

all design documents and othe: design information relative to the 

scope of work. 

5. Right of Entry. You grant GZA and its subconu-actors 

permission to enter the site to perform the work. If you do not 

own the site, you represent and warrant that the owner has 

granted permission for GZ.A. to enter the site and perform the 

services, and you will provide reasonable verification on request. 

6. Site Restoration. Although GZA will act to limit damage to 

landscaping, paving, systems and structures at the site, you 

acknowledge that some damage may occur even with the 

exercise of due care, and you agree to compensate GZA for any 

restoration it is asked to pen'orm unless otherwise indicated in 

the Proposal. 

Mav 28, 1996 
7. Underground Facilities. GZA will contact local 

governmental authorities and private firms who coordinate 

underground utility information, and we will review plans and 

information they or you provide. GZA will not be liable for any 

damage to underground services or structures not accurately 

identified in such plans and information, and you agree to 

indemnify GZA against all liabilities and costs arising out of 

such damage and its repair, except to the extent caused by GZA's 

negligence. 

8. Lab Tests and Samples. GZA is entitled to rely on the 

results of laboratory tests using generally accepted 

methodologies. GZ.^ may dispose of samples in accordance 

with applicable laws 30 days after submitting test results to you 

unless you request in writing for them to be held longer or to be 

returned to you, in which case you will compensate GZA for 

storage beyond 30 days and/or shipping. 

9. Hazardous Materials. GZA will not be the generator or 

owner of, nor will it possess, take title to, or assume legal 

liability for. any hazardous or contaminated materials at or 

removed from the site. GZA will not have responsibility for or 

control of the site or of operations or activities at the site other 

than its own. GZA will not undertake, arrange for or control the 

handling, treatment, storage, removal, shipment, transportation 

or disposal of any hazardous or contaminated materials at or 

removed from the site, except as may be expressly set forth in its 

Proposal, and GZA. will not have any responsibility or liability 

in connection with such activities other than its responsibility to 

you to pen'orm the work in accordance with this Agreement 

10. Changed Conditions. You recognize the uncertainties 

related to environmental and geotechnical work, which often 

requires a phased or exploratory approach, with the need for 

additional work becoming apparent during the initial work. You 

also recognize that actual conditions encountered may vary 

significantly from those anticipated based on existing 

information, that laws and regulations are subject to change, and 

that the requirements of regulatory authorities are often 

unpredictable. If changed or unanticipated conditions or delays 

make additional work necessary or result in additional costs or 

time for performance. GZA will notify you and the parties will 

negotiate appropriate changes to the scope of services, 

compensation and schedule. If the parties are unable to reach 

agreement GZA will be entitled to terminate its work and to be 

equitably compensated for work already performed. In the event 

of emergency, GZ-\ may take immediate steps to protect public 

health, safety and the environment, and will be equitably 

compensated therefor unless caused by its own negligence. 

GZA will not be responsible for delays or failures to perform 

due to weather, labor disputes, intervention by or inability to gel 

approvals from public authorities, acts or omissions on your part, 

or any other causes beyond GZ\'s reasonable control. You will 

compensate GZA for any delays attributable to acts or omissions 

on your part or on your inability to obtain approval from public 

authorities. 

11. Documents and Information. All documents, data, 

calculations and work papers prepared or furnished by GZA are 

instruments of service and will remain GZA's property. Designs, 

reports, data and other work product delivered to you are for 

your use only, for the limited purposes disclosed to GZA. Any 

delayed use, use at another site, use on another project, or use by 

a third party will be at the user's sole risk, and you agree to 

indemnify and defend GZA against any liabilities resulting 

therefrom. Any technology, methodology or technical 

information learned or developed by GZA will remain its 

property. 

12. Confidentiality; Subpoenas. Information about this 

Agreement and the work, and information you provide to GZA 

regarding your business and the site, will be maintained in 

confidence and will not be disclosed to others without your 

consent, except as GZA reasonably believes is necessary (a) to 

perform the work, (b) to comply with professional standards to 

protect public health, safety and the environment, and (c) to 

comply with laws and court orders. GZA will make reasonable 

efforts to give you prior notice of any disclosure under (b)'or (c) 

above. Information available to the public and information 

acquired from third parties without a breach of duty will not be 

considered confidential. 

13. Insurance. During performance of the work GZA will 

maintain workers compensation, commercial general' IVaSnity, 

automobile liability, and conu-actor's environmental lability 

insurance in the following amounts: 

(a) Workers Compensation- Statutory 

(b) General Liability- S2.000.0(X) per occurence 

and aggregate 

(c) Automobile Liability- S1,(XX).000 per occurrence 

and aggregate 

(d) .Consultant's Environmental Liability (Professional 

Errors and Omissions and Conu^actor's Pollution 

Liability)- S 1,000,000 per occurence 

and aggregate 

GZA will furnish you certificates of such insurance on request. 

GZA will purchase project specific insurance at your request 

provided it is commercially available and you pay the premium. 

14. Indemnification. You agree to hold harmless, indemnify, 

and defend GZA and its affiliates and subconu^ctors and their 

employees, officers, directors and agents against all claims, suits, 

fines and penalties, including mandated cleanup costs and 

attorneys' fees and other costs of settlement and defense, which 

claims, suits, fines, penalties or costs arise out of or are related to 

this Agreement or the work, except to the extent they are caused 

by the indemnified party's negligence or willful misconduct. 

(05/96-Ediiiony0.^-^^0i:i Mav 28. 19y6 
iiuiuoiis IOl v_oasirucuon and Kemeaiauon Paae 3 

15. Limitation of Liability. To the fullest extern permitted by 

law and notwithstanding anything else in this Agreement to the 

contrary, the aggregate liability of GZ\ and its affiliates and 

subcontractors and their employees, officers, directors and 

agents (collectiveiy referred to in this paragraph as "GZA") for 

all claims arising out of this .Agreement or the work is limited lo 

550,000 or, if greater, the compensation received by GZA under 

this Agreement.You may elect to increase the Umit of liability 

for damages up to $100,000 if you do the following: indicate 

below that you elect to increase the limit to one of the levels 

designated below and pay the additional fee shown opposite ^ 

the increased level, payment to be made simultaneously with 

the execution of this Agreement 

to the extent it is enforceable. Headings in these Terms and 

Conditions are for convenience only and do not form a pan of 

the agreement. Nothing in this Agreement shall be construed to 

give any rights or benefits to third panics. GZA is an Equal 

Opponunity/Affirmative Action Employer M/FA'/H. 

KAI4076.0D8\14076-92.MAV\CORRESP\0d850tcl.doc 

The limitation of liability applies to all injuries, damages, claims, 

losses, expenses and defense costs, whether based in contract, 

negligence, strict liability, warranty, tfespass, indemnity, 

misrepresentation or any other theory of liability, except 

intentional misconduct, collectively hereinafter "Claim". If the 

Claim is covered and the Insurer acknowledges coverage under 

GZA's commercial general liability or automobile liability 

insurance policy which exceeds this limitation of liability, 

GZA's liability will be increased to the extent of the limits 

oudined in Article 13 above. Any claim will be deemed waived 

unless received by GZA the applicable statute of limitations 

period. GZA will not be liable for lost profits, loss of use of 

property, delays, or other special, indirect, incidental, 

consequendal, punitive, exemplary or multiple damages. GZA 

will not be liable to you or the site owner for injuries ordeaths 

suffered by GZA's or its subcontractors' employees. 

17. Disputes. .All disputes between you and GZA shall be 

subject to non-binding mediauon. Either pany may demand 

mediation by serving a written notice stating the essential nature 

of the dispute, the amount of time or money claimed, and 

requiring that the matter be mediated within fony-five (45) days 

of service of notice. The mediation shall be administered by the 

American Arbitration Association in accordance with their most 

recent Construction Mediation Rules, or by such other person or 

organization as the parties may agree upon. No action or suit 

may be commenced unless the mediation occurred but did not 

resolve the dispute, or a statute of limitation would elapse if suit 

were not filed prior to forty-five (45) days after service of notice. 

18. Miscellaneous. This Agreement shall be governed by 

Massachusetts law. The above terms and conditions regarding 

Limitation of Liability and Indemnification shall survive the 

completion of the services under this Agreement and the 

termination ofthe conu^act for any cause. Any amendments shall 

be in writing and signed by both panies. This Agreement 

supersedes any contract terms, purchase orders or other 

documents issued by you. These Terms and Conditions shall 

govern over any inconsistent terms in the Proposal. If these 

Terms and Conditions have been provided to you. your verbal 

authorization to stan work constitutes your acceptance of them. 

The provisions or" this .Agreement are severable; if any provision 

is unenforceable i; shall 'pe appropriateK limited and given effect 

t05/96-Ediiiop. 

•QOI 3 -

Ma-. 23. 190(1 
Exhibit 6 

921 Providence Highway/Laham 

TRUST AGREEMENT 

THIS TRUST AGREEMENT is made this day of , 

1997, by and between the Grantor identified in section 1(c) 

whose authorized representatives have executed this Agreement, 

and the Trustee identified in section 5 who has executed this 

Agreement. 

WHEREAS, the Grantor has entered into an Agreement and 

Covenant Not to Sue with the United States of America ("United 

States") concerning the Norwood PCB Superfund Site in Norwood, 

Massachusetts; 

WHEREAS, the Grantor is required to contribute certain 

monies to the Trust pursuant to the terms of the Agreement; 

NOW THEREFORE, the Trustee hereby agrees he will hold and 

manage the monies contributed to the Trust, together with any 

other property hereafter conveyed, assigned, transferred or paid 

to him, as Trustee, in trust, subject to the terms, provisions 

and conditions hereinafter set forth: 

SECTION 1. DEFINITION 

Definitions provided in the Agreement attached to this Trust 

Agreement are incorporated herein by reference. In addition, the 

following definitions shall apply to this Trust Agreement: 

(a) The term "Agreement" means the Agreement and 

Covenant Not to Sue entered into by the United States and Joseph 

Laham et al., EPA Docket Number 1-97-1044. 

(b) The term "Consent Decree" shall mean the Consent 

Decree entered into by the United States, the Commonwealth of 
Massachusetts, Cornell-Dubilier Electronics, Inc., and Federal 

Pacific Electric Company, with respect to remediation of the 

Norwood PCB Superfund Site located in Norwood, Massachusetts in 

the consolidated Civil Actions Nos. 92-11924-T and 92-12526-T. 

(c) The term "Contractor" shall mean a, qualified 

person or entity engaged pursuant to the provisions of the 

Agreement for the purpose of performing the Redevelopment 

Activities as defined in the Agreement. 

(d) The term "Grantor" shall mean Joseph Laham. 

(e) The term "Trustee" shall mean that individual 

identified in section 5 hereto and any successor or successors to 

such individual who is acting as Trustee hereunder. 

(f) The term "Trust" shall mean the 921 Providence 

Highway/Laham Trust established by Joseph Laham on behalf of the 

Trustee. 

SECTION 2. NAME AND PURPOSE OF THE TRUST 

(a) The Trust shall be known as the 921 Providence 

Highway/Laham Trust ("the Trust") . As described in Section VI of 

the Agreement, and subject to the requirements of that Section to 

maintain adequate funds to assure timely and appropriate 

a 

implementation of all Redevelopment Activities, the purpose of 

the Trust is to obtain, hold, and disburse those funds necessary 

to satisfy the obligations of the Grantor under the Agreement, to 

enter into contracts and agreements as necessary to carry out 

those obligations, and to otherwise develop the Property at 921 

Providence Highway. To fulfill these purposes, the Trustee shall 
thoroughly familiarize himself with the terms of the Agreement 

and shall take all actions within his powers necessary to ensure 

that the Agreement is fully effectuated with respect to funding 

for the Trust and for the performance of the Redevelopment 

Activities. 

(b) The Trust shall have a tax year which is the 

calendar year and will use the accrual method of accounting. 

SECTION 3. CONTRIBUTION TO THE TRUST 

(a) Initial Payments Into The Trust. Within ten (10) 

days after his receipt of notice th at EPA and DOJ have signed 

the Agreement, the Grantor shall make an initial payment to the 

Trust Fund of $594,000. 

(b) A'dditional Payments Into The Trust. 

(i) The Grantor remains obligated to ensure that 

the funds in the Trust are sufficient to complete the 

Redevelopment Activities. The Trustee shall make demand in 

writing upon the Grantor for additional contributions by the 

Grantor to the Trust in amounts determined to be necessary by the 

Trustee to maintain sufficient assets to satisfy in a timely 

manner the obligations of the Grantor consistent with the 

Agreement. The Grantor hereby agrees to satisfy, consistent with 

this Trust Agreement and the Agreement, all future demands upon 

him for contributions to the Trust. 

(-ii)=As provided in Paragraph 23 of the Agreement, 

and as further elaborated in section ll of this Trust Agreement, 

within thirty (30) days of the appointment of the Trustee, and 
every sixty days thereafter until the termination of the Trust in 

accordance with section 4(c) hereof, the Trustee shall submit 

certain financial materials to the Grantor with copies to the 

EPA. The financial materials shall include the information set 

forth in section llaOf this Trust Agreement, including the 

Estimated Cost of the Remaining Redevelopment Activities 

certified as accurate by a Contractor under the pains of perjury. 

If the Trust balance is less than the amount projected in the 

Trustees report or statement to be needed to equal the combined 

value of the Estimated Cost of the Remaining Redevelopment 

Activities plus $54,000, the Trustee shall make an assessment 

upon the Grantor sufficient to bring the Trust balance up to an 

amount equal to the combined value of the Estimated Cost of the 

Remaining Redevelopment Activities plus $54,000. Within thirty 

(30) days of receipt of said assessment. Grantor shall deposit 

into the Trust the amount of the assessment. 

9 

(c) Nature of Contributions By Grantor. 

All contributions by the Grantor to the Trustee 

for the Trust shall be made in immediately available funds. All 

such contributions, together with the earnings thereon, shall be 

held in trust for the payment of those expenses described in 

Paragraph 21 of the Agreement and section 4(a) of this Trust 

Agreement. Contributions made by the Grantor shall not be 

construed as fines, penalties or monetary sanctions. 

(d) No Transferability of Interest. Unless otherwise 

approved by EPA, the interest of the Grantor herein, and his 
obligation to provide funds- under this Agreement, is not 

transferable. 

SECTION 4. DISPOSITIVE PROVISIONS 

(a) Payment of Income and Principal. During the term 

of this Trust, the Trustee shall pay or apply such part of the 

income and principal of the Trus't as he deems advisable in order 

to pay the proper and necessary expenses of Settling Respondents 

obligations to finance Redevelopment Activities pursuant to the 

Agreement or other property redevelopment actions. Consistent 

with the Agreement, the Trustee shall pay all such bills and 

invoices approved in writing by the Grantor. 

(b) No Authority to Conduct Business. The purpose of 

the Trust is limited to the matters set forth in section 2 of 

this Trust Agreement and this Trust Agreement shall not be 

construed to confer upon the Trustee any authority to carry on 

any business or activity for profit. 

(c) Termination of the Trust. This Trust shall 

terminate upon the acceptance by EPA of a certification by 

Settling Respondents that all Redevelopment Activities have been 

completed pursuant'to Paragraph 23 of the Agreement. 

(d) Distribution of the Trust Corpus Upon Termination. 

Upon the termination of the Trust pursuant to section 4(c), the 

Trustee shall liquidate the assets of the Trust and thereupon 

distribute the remaining trust property, including all accrued 

accumulated and undistributed net income, to the Grantor. 

(e) Alteration. Amendments and Revocation. This Trust 
Agreement may be altered, amended, or revoked from time to time 

by an instrument in writing executed by the Trustee and by the 

Grantor; provided, however: (1) that any alteration, amendment 

or revocation shall be submitted in writing to EPA at least (20) 

days in advance of the effective date of the proposed alteration, 

amendment or revocation, and shall not become effective until 

approved in writing by EPA, and (2) that section 12 hereof shall 

not be revoked and shall not be altered or amended to limit the 

effect thereof with respect to acts or omissions taken or made 

prior to such alteration or amendment. 

SECTION 5. TRUSTEE 

The designated.Trustee "of the 921 Providence Highway/Laham 

Trust Agreement shall be Gregg J. Wilson. 

SECTION 6. TRUSTEE MANAGEMENT 

The Trustee shall invest and reinvest the principal and 

income of the Trust and keep the Trust invested in one or more 

accounts which shall be treated as a single fund without 

distinction between principal and income. All such investments 

shall be made so as at all times to provide sufficient liquidity 

to meet the anticipated cash needs of the Trust. In investing, 

reinvesting, exchanging, selling and managing the Trust assets, 

the Trustee shall discharge his/her duties with respect to the 

Trust solely in the interest of the accomplishment of the 

purposes and objectives of this Trust Agreement. Trust monies 

shall be deposited in a demand deposit account at BayBank, N.A., 

BankBoston, Fleet Bank or any other bank that is a member of the 
National Association or is a Federal Savings Bank. Deposits in 

such accounts may be invested on a short term basis in 

obligations of the U.S. Government, instruments secured by 

obligations of the U.S. Government, money market funds or other 

commercial paper rated A-1 or its equivalent. The Trustee shall 

keep or arrange to be kept an accounting of all contributions to 

and disbursements from the Trust Fund. 

SECTION 7. EXPRESS POWERS OF TRUSTEE 

Without in any way limiting the powers and discretion 

conferred upon the Trustee by the other provisions of this Trust 

Agreement or by law, the Trustee is expressly authorized and 

empowered to the extent consistent with the Agreement: 

(a) Payment of Expenses of Administration. To incur 

and to pay any and all charges, taxes, and expenses upon or 

connected with the Trust in the discharge of his fiduciary 

obligations unde'r this Agreement. All such payments shall be 

made using the assets of the Trust, provided that such payments 

are consistent with the Agreement and this Trust Agreement. The 

Trustee shall pay such taxes out of the assets of the Trust 

irrespective of whether said taxes are owed by the Trust or the 

Grantor. In calculating taxes owed on interest earned by the 

Trust, the Trustee shall take into account all appropriate 

deductions. 

(b) Preservation of Principal. Notwithstanding any 

other provision in this Agreement, to at all times hold, manage, 

invest, and reinvest the assets of the Trust in a manner designed 
to preserve the accrued income and principal of the Trust for the 

purposes of the Trust. 

(c) Extension of Obligation and Negotiations of 

Claims. To renew or extend the time of payment of any obligation 

payable by the Trust for such periods of time and on such terms 

as the Trustee shall determine, and to compromise or otherwise 

adjust all claims in favor of or against the Trust. 

(d) Litigation. To institute and defend litigation in 

the name of the Trust or on behalf of or in the name of the 

Grantor upon direction from the Grantor. 

(e) Execution of Document. To make, execute, 

acknowledge and deliver any and all documents of transfer or 

conveyance and any other instruments that may be necessary or 

appropriate to carry out the powers herein granted. 

(f) Discretion in Exercise of Powers. To do any and 

all other acts which he shall deem proper to effectuate the 

purposes hereof and to exercise the power specifically conferred 

upon him by this Trust Agreement. 

(g) Paymept for Redevelopment Activities. To pay all 

proper and necessary expenses relating to the Redevelopment 

Activities as set forth in the Agreement and other redevelopment 

actions. 

SECTION 8. ADVICE OF COUNSEL 

The Trustee may from time to time consult with counsel or 

accountants with respect to any question arising as to compliance 

with the Agreement, or this Trust Agreement. The Trustee shall 

8 
be fully protected, to the extent permitted by law, in acting in 

reliance upon the advice of counsel or accountants. 

SECTION 9. TRUSTEE COMPENSATION 

The Trustee shall not receive any compensation or other fees 

for his/her services as a Trustee under this Trust Agreement from 

the assets of the Trust. 

SECTION 10. SUCCESSOR TRUSTEE 

(a) Vacancy Caused by Resignation or Removal. The 

Trustee may resign at any time by delivering notice of his 

resignation in writing to the Grantor, with a copy sent to EPA. 

The Grantor may remove the Trustee by delivering notice of such 

removal in writing to the Trustee with a copy sent to EPA. Such 

resignation or removal shall take effect within thirty (30) days 

of delivery of the notice of resignation or removal or upon the 

acceptance of appointment in writing by a successor Trustee, 

whichever is earlier. 

(b) Appointment of Successor Trustee. Any vacancy in 

the office of Trustee created by death, resignation, or removal 

shall be filled by the Grantor by an appointment in writing of a 

successor Trustee with notice of said appointment provided to 

EPA. The Grantor shall provide EPA with written notice, at least 

ten (10) days in advance of any proposed change of the Trustee. 

The notice shall" specifically state that the appointment shall 

become effective unless disapproved of in writing by EPA within 

14 days of receipt by EPA of notice of the proposed appointment. 

In the event that the name of a proposed successor Trustee is not 
submitted to EPA by the Grantor within fourteen (14) days after 

the vacancy in the office of Trustee occurs, such vacancy may be 

filled by an appointment of a successor Trustee by a court of 

competent jurisdiction at the request of EPA. 

(c) Acceptance of Appointment by Successor Trustee. 

Acceptance of appointment as a successor Trustee shall be in 

writing and shall become effective upon receipt by the Grantor of 

notice of such acceptance. Upon the acceptance of appointment of 

any successor Trustee, title to the Trust Fund shall thereupon be 

vested in said successor Trustee, without the necessity of any 

conveyance or instrument. Each successor Trustee shall have all 

of the rights, powers, duties, authority and privileges as if 

initially named as a Trustee hereunder. 

(d) Preservation of Record of Changes in Trustee. A 

copy of each ins.trugient of resignation, removal, appointment, and 

acceptance of appointment shall be attached to an executed 

counterpart of this Trust Agreement in the custody of the. 

Grantor. 

SECTION 11. INSTRUCTIONS TO THE TRUSTEE 

Notwithstanding anything herein to the contrary, the Trustee 

is hereby directed to do the following in addition to other 

duties set forth in other provisions of this Trust Agreement: 

(a) Investment. Hold, manage, invest, and reinvest in 

accordance with the provisions of Paragraph 5 herein, the monies 

contributed to the Trust by the Grantor. 

(b) Disbursements. Pay invoices presented to the 

10 
Trustee which have been approved for payment by the Grantor to 

the extent such invoices constitute bills for services rendered 

for performance of Redevelopment Activities. 

(c) Reports. Within thirty days after the entry of 

the Agreement and every sixty days thereafter until the 

termination of the Trust pursuant to section 4(c) hereof, the 

Grantor shall submit to the Trustee an estimate, certified by the 

a 

Contractor under pains of perjury, as to the cost of all 

Redevelopment Activities remaining to be completed by the 

Settling Respondents (the "Estimated Cost of the Remaining 

Redevelopment Activities"). In the event that the Redevelopment 

Activities are to be performed pursuant to a fixed price 

contract, the Estimated Value of the Remaining Redevelopment 

Activities shall be the remaining balance to be paid under the 

fixed price contract. Within ten days of receiving from the 

Grantor the Estimated Cost of the Remaining Redeveopment 

Activities, the Trustee shall submit to the Grantor, with copies 

to EPA, a report which contains: 

- - a 

(1) a statement of the Estimated Cost of the 

Remaining Redevelopment Activities; 

(2) a statement of the current balance of funds 

remaining in the Trust; and 

(3) a statement whether the Trust balance is 

equal to or exceeds the combined value of the 

Estimated Cost of the Remaining Redevelopment 

Activities plus $54,000. 

11 
Said report shall include copies of records received by the 

Trustee during the preceding sixty day period reflecting 

disbursements or contributions to the Trust and the financial 

status of the Trust, such as bank statement, statement of 

account, or other financial statements from financial 

institutions relating to investments of monies belonging to the 

Trust. With EPAs agreement, the Grantor may direct the Trustee 

to submit reports less frequently than every sixty days. 

(d) Demand for Payment. Provide demand notice to the 

Grantor of the necessity for contributions to the Trust Fund as 

required to satisfyathe Settling Respondents obligations under 

the Agreement. 

(e) Records. Maintain records of all actions taken by 

the Trustee with respect to matters arising out of this Trust 

Agreement or administration of the Trust Fund. Copies of said 

records shall be provided to Grantor upon request. Upon 

termination of this Trust, said records shall be transmitted, 

together with all other records of the Trustee, to the Grantor. 

Without limiting any obligation of the Grantor pursuant to the 

Agreement to provide information to EPA, the Trustee shall 

maintain the confidentiality of all information, documents, or 

materials in connecjiion with the Trust and communications between 

the Trustee and the Grantor. 

(f) Tax forms. Prepare all necessary and appropriate 

federal, state and local tax forms and deliver said forms to the 

Grantor. 

12 
SECTION 12. IMMUNITY AND INDEMNIFICATION 

The Trustee, whether initially named or appointed as a 

successor Trustee, acts as a Trustee only and not personally; and 

a 

in respect of any contract, obligation or liability made or 

incurred by the Trustee hereunder in good faith, all persons 

shall look solely to the Trust Fund and not the Trustee 

personally. The Trustee shall not incur personal liability of 

any nature, and shall be indemnified and saved harmless by the 

Grantor, in connection with any act or omission, made in good 

faith, of the Trustee or the Grantor in the administration of the 

Trust Fund or otherwise pursuant to this Trust Agreement. This 

indemnification and hold harmless provision shall cover all 

expenses reasonably incurred by such Trustee in defense of the 

aforementioned acts or omissions of the Trustee of the Grantor. 

a 

This section shall survive the termination of the TrUst Fund. 

SECTION 13. INTERESTS NOT ASSIGNABLE OR SUBJECT TO CLAIMS OF 

CREDITORS 

The interest of any Grantor in the Trust Fund shall not be 

subject to anticipation or assignment .nor subject to the claims 

of any creditors of any Grantor (other than the United States) 

and any interest reserved to any Grantor shall be made available 

to the Grantor only upon termination of this Trust pursuant to 

section 4 herein. 

SECTION 14. CHOICE OF LAW 

This Trust Agreement shall be administered, construed, and 

. . a 

enforced according to the laws of the Commonwealth of 

13 
Massachusetts. 

SECTION 15. INTERPRETATION 

As used in this Trrist Agreement, words in the singular 

include the plural and words in the plural include the singular; 

and the masculine and neuter genders shall be deemed to include 

the masculine, feminine and neuter. The descriptive headings for 

each section and subsection of this Trust Agreement shall not 

affect the interpretation or the legal efficacy of this Trust 

Agreement. 

SECTION 16. ATTACHMENTS 

The Agreement is attached to this Trust Agreement as 

Appendix 1. 

SECTION 17. THIRD PARTY BENEFICIARIES 

The signatories to this Trust Agreement acknowledge and 

agree that the United States is a third party beneficiary to this 

Trust Agreement. Nothing in this Trust Agreement shall be 

construed to prejudice any interest of the United States, or any 

right or claim thatathe United States may have against the 

Grantor, the Trustee or the Trust Fund. 

SECTION 18. SEPARATE DOCUMENTS 

This Agreement may be executed in two or more counterparts, 

each of which shall be deemed an original, but all of which 

together shall constitute one and the same instrument. 

SECTION 19. NOTICES AND SUBMISSIONS. 

All notices and submissions due the Grantor and EPA pursuant 

to this Trust Agreement shall be submitted in accordance with 

14 
Section XVIII of the Agreement (Notices and Submissions). 

SECTION 20. SIGNATORIES 

Each tindersigned representative of a party to this Trust 

Agreement certifies that he or she is fully authorized to enter 

into the terms and conditions of this Trust Agreement and to 

execute and legally bind such party to this document. 

FOR THE TRUST 

Date 

Designated Representative for Receipt of Notice and Deliverables; 

Name: 

Address: 

THE UNDERSIGNED PARTY enters into this Trust Agreement relating 

to the matter of: Agreement and Covenant Not to Sue, EPA Docket 

No. 1-97-1044. 

FOR GRANTOR 

Date 

15 
Exhibit 7 

GRANT OF ENVIRONMENTAL RESTRICTIONS. EASEMENTS AND COVENANTS 

Disposal Site Name: Norwood PCB Superfund Site 

DEP Release Tracking No. 3-0403 

EPA REGION I Site/Spill ID #: 01 -51 

This GRANT OF ENVIRONMENTAL RESTRICTIONS, EASEMENTS AND COVENANTS 

is made as of this day of , 1997, by JOSEPH LAHAM, of Westwood, Norfolk 

County, Massachusetts ("Grantor"). 

WITNESSETH: 

WHEREAS, Joseph Laham, is the owner in fee simple of those certain parcels of land 

located in Norwood, Norfolk County, Massachusetts, with the buildings and improvements 

thereon, said parcels being more particularly bounded and described in Exhibit A, attached hereto 

and made a part hereof, and identified therein as Parcels I, II, DI and IV, respectively 

(collectively, "Property"); 

WHEREAS, the Property is subject to this Grant of Environmental Restrictions, 

Easements and Covenants; 

WHEREAS, the Property is comprised of four areas, namely, Area A, Area B, Area C and 

Area D, the criteria used in determining said areas being set forth in Exhibit B, attached hereto 

and made a part hereof Said areas, being more particularly bounded and described in Exhibit C, 

attached hereto and made a part hereof, and being shown on a plan recorded herewith in Plan 

Book , Plan , are more specifically subject to this Grant of Environmental Restrictions, 

Easements and Covenants; 

WHEREAS, the Property is part of a Superfund Site, known as the Norwood PCB 

Superfund Site ("Site"), due to a release of hazardous substances, as that term is defined by 

Comprehensive Environmental Response Compensation and Liability Act, as amended 

("CERCLA") Section 104, 42 U.S.C. Section 9604. Due to the release of oil and/or hazardous 

materials, as those terms are defined in the Massachusetts Oil and Hazardous Materials Release 

Notification and Response Act, M.G.L. Chapter 2IE ("Chapter 2IE"), the Department of 

Environmental Protection, a duly constituted agency organized under the laws ofthe 

Commonweahh of Massachusetts, having a principal office at One Winter Street, Boston, 

Massachusetts 02108 ("DEP"), has placed the Site on the Massachusetts List of Confirmed 

Disposal Sites and Locations to be Investigated pursuant to Chapter 2IE and the Massachusetts 
Contingency Plan, 310 CMR 40.0000 et seq. ("MCP"). Exhibit D is a sketch plan showing the 

location ofthe Property subject to this Grant of Environmental Restrictions, Easements and 

Covenants in relation to the boundaries ofthe Site lying within the lirnits ofthe Property to the 

extent such boundaries are known; 

WHEREAS, in a document entitled, "Record of Decision, Norwood PCB Superfiand Site", 

dated September 29, 1989, as modified by an Amended Record of Decision dated May 17, 1996 

("ROD"), said ROD being on file in the Record Center for the Office of Site Remediation and 

Restoration, U.S. Environmental Protection Agency, Region I, 90 Canal Street, Boston, 

Massachusetts, the United States Environmental Protection Agency, Region I, has selected one or 

more response actions (collectively, "Selected Remedy") for the Site in accordance with 

CERCLA, 42 U.S.C. §§ 9601, et seq.. and the National Contingency Plan, 40 CFR §§ 300.1, et 

seq. ("NCP"): 

WHEREAS, the Selected Remedy is based, in part, upon: 

(a) the restriction of human access to and contact with hazardous substances in soil 

and groundwater; and 

(b) the restriction of certain activities occurring in, on, through, over or under the 

Property; and Federal Pacific Electric Company, a Delaware corporation having a 

mailing address of 25700 Science Park Drive, Cleveland, Ohio, 44122 and CornellDubilier Electronics, Inc., a Delaware corporation having a mailing address of 

1700 Route 23 North, Wayne, New Jersey, 07470 ("Performing Parties") are 

performing a portion ofthe Selected Remedy. 

NOW, THEREFORE, in consideration of the terms of a Prospective Purchaser Agreement 

by and between Joseph Laham and the United States of America, acting through the United States 

Environmental Protection Agency, Region I, dated ("Agreement"), a copy of 

which is on file with the Record Center for the Office of Site Remediation and Restoration, U.S. 

Environmental Protection Agency, Region I, 90 Canal Street, Boston, Massachusetts, I, JOSEPH 

LAHAM ("Grantor"), hereby GRANT to the UNITED STATES OF AMERICA, ACTING ON 

BEHALF OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 

REGION I, having a principal office at J.F.K. Federal Building, Boston, Massachusetts 02203, 

AND ITS ASSIGNS ("Grantee"), with QUITCLAIM COVENANTS, the following 

ENVIRONMENTAL RESTRICTIONS, EASEMENTS AND COVENANTS, (collectively, 

"Restriction") in, on, through, over and under Area A, Area B, Area C, and Area D (collectively, 

"Restricted Area"). Said Restriction is subject to the following terms and conditions: 

1. Restricted Uses and Activities. Grantor shall not perform, suffer, allow or cause any 

person to perform any of the following acti'vities in, on, upon, through, over or under the 

Restricted Area, or any ofthe following uses to be made ofthe Restricted Area: 
(i) Any development of or use ofthe Restricted Area for agricultural, residential 

or infant or child care facility purposes, including any activities and uses related 

to educational and recreational activities; 

(ii) Any withdrawal of groundwater for any purpose, except for the 

implementation of a groundwater monitoring plan, extraction and treatment 

response action, or other response actions approved by said United States 

Environmental Protection Agency, Region I ("EPA"), after a reasonable 

opportunity for review and comment by the Commonwealth, acting through 

DEP; 

(iii) Any use or activity which interferes with, or is reasonably likely to interfere 

with, the implementation, operation, or maintenance of response actions 

approved by EPA, after a reasonable opportunity for review and comment by 

the Commonwealth, acting through DEP, including but not limited to: systems 

to collect, contain, treat, and discharge groundwater; systems or containment 

areas to excavate, store, treat, and dispose of soils and sediments; and systems 

and studies to monitor implementation ofthe remedial action, to provide longterm environmental monitoring of on-site groundwater, soils, and sediments, 

and to ensure that the remedial action is effective in the long-term and 

protective of human health and the en-vironment; 

(iv) Any action or inaction, including digging and drilling, except as specifically 

allowed below, that results in, or is reasonably likely to result in, disruption of 

cap(s), cover(s) or other ground covering features of response actions 

approved by EPA after a reasonable opportunity for review and comment by 

the Commonwealth, acting through DEP, or any action which compromises, or 

is reasonably likely to compromise, the protectiveness, integrity or 

effectiveness ofthe response actions, including digging and drilling, except as 

specifically allowed below; and 

(v) Any excavation, handling or disposal of any loam, peat, gravel, sand, rock or 

other mineral or natural resource, except as specifically permitted and 

conditioned hereunder. 

Permitted Uses and Activities. Grantor expressly reserves the right to perform, suffer, 

allow or to cause any person to perform any ofthe following activities in, on, upon, 

through, over or under the Restricted Area: 

(i) All activities and uses not prohibited above; and 

(ii) Such other activities or uses which, in the opinion of EPA, after consultation 

•with the Commonwealth, acting through DEP, shall present no greater risk of 
harm to the human health and the environment than the activities and uses 

permitted under this Restriction. 

3. General Obligations and Conditions. 

(i) Grantor affirmatively agrees to perform the activities hereinafter set forth 

under Specific Obligations and Conditions; and 

(ii) Grantor shall not perform, suffer, allow or cause any person to perform any 

activities in, on, upon, through or under the Restricted Area that are 

inconsistent with the Specific Obligations and Conditions set forth below. 

4. Specific Obligations and Conditions. 

A. Obligations and Conditions for Area A. Prior to any excavation in Area A which is not 

part of a response action approved by EPA, after a reasonable opportunity for review 

and comment by the Commonwealth, acting through DEP, ("Non-Remedy 

Excavation"), the follovidng obligations and conditions shall be undertaken and 

maintained at such land: 

(i) Special health and safety precautions shall be observed to the extent required 

by federal and state laws and regulations; and 

(ii) Soils that are excavated within Area A shall be: (a) disposed of in Area A, 

Area B, Area C and/or Area D; and/or (b) analyzed, managed and disposed of 

off" Property in accordance with all applicable federal and state laws and 

regulations. 

B. Obligations and Conditions for Area B . Prior to any Non-Remedy Excavation being 

performed in Area B, the following obligations and conditions shall be undertaken and 

maintained at such land: 

(i) Special health and safety precautions shall be observed to the extent required 

by federal and state laws and regulations; 

(ii) Excavation may not commence prior to written notification firom Grantor to 

EPA and DEP of such proposed excavation. If such excavation shall result in a 

change ofthe final grade or areal extent of Area B, excavation may not 

commence before EPA approves, in writing, the proposed excavation, after a 

reasonable opportunity for review and comment by the Commonwealth, acting 

through DEP; 

(iii) Soils that are excavated within Area B shall be: (a) disposed of in Area B and 
covered in accordance with the performance standards established under the 

ROD; and/or (b) analyzed, managed and disposed of offProperty in 

accordance with all applicable federal and state laws and regulations; and 

(iv) Any portions ofthe cover excavated or removed from Area B must be 

disposed of in accordance with the performance standards established under 

the ROD; 

C. Obligations and Conditions for Area C. Prior to any Non-Remedy Excavation being 

performed within Area C, the following obligations and conditions shall be undertaken 

and maintained at such land: 

(i) Excavation may not commence prior to written notification from Grantor to 

EPA and DEP of such proposed excavation; 

(ii) The notification must be prepared by a Massachusetts Licensed Site 

Professional ("LSP"), and the notification shall include a detailed explanation 

ofthe planned disturbance, a description ofthe proposed activities, a health 

and safety plan, a plan to ensure that no harmful exposure to or release of 

ha2:ardous substances will occur, and a description of steps to be taken to 

ensure restoration ofthe cap consistent with the performance standards 

established under the ROD; 

(iii) Work may not commence unless such plan is approved by EPA, in writing, 

after reasonable opportunity for review and comment by the Commonwealth, 

acting through DEP; 

(iv) Building slab materials within Area C which are disturbed may: (a) remain 

within Area C; (b) be placed within Area D, only if that portion of Area D is 

being disturbed for purposes other than the disposal of materials from Area C; 

and/or C be analyzed, managed and disposed of off Property in accordance 

with all applicable federal and state laws and regulations and any requirements 

imposed by EPA after consultation with the Commonwealth, acting through 

DEP; 

(v) Demolition debris which is disturbed as part of activities in Area C may be 

disposed of in the vault located under the existing slab within Area C (the 

"Demolition Debris Vault") or off" Area C in accordance with all applicable 

federal and state laws and regulations. If such debris is disposed of in the 

Demolition Debris Vault, the Vauh must be promptly resealed after placement 

of debris therein; 

(vi) Demolition debris which is disturbed as part of activities in Area C and 
removed from Area C shall be analyzed, managed and disposed of in 

accordance with all applicable federal and state laws and regulations and any 

requirements imposed by EPA, after consultation with the Commonwealth, 

acting through DEP; 

(vii) Any soils exposed as part of activities in Area C shall be analyzed, and if the 

soils meet the criteria for Area B soils, as described in Exhibit B, such soils 

may be disposed of in Area B or in Area C; 

(viii) Any soils exposed as part of activities in Area C that exceed the criteria for 

Area B soils shall either be: (a) disposed of in Area C with the slab and cap 

promptly placed over the soils; (b) disposed of in Area D if that portion of 

Area D is being disturbed for purposes other than the disposal of materials 

from Area C soils; and/or (C) analyzed, managed and disposed of offProperty 

in accordance with applicable federal and state laws and regulations and any 

requirements imposed by EPA, after consultation with the Commonwealth, 

acting through DEP, as part of EPA approval for such disturbance; 

(ix) If materials excavated from Area C are disposed of in Area D, and as a result 

the areal extent or grade of Area D is permanently modified, a survey showing 

such modification, prepared by a Massachusetts Registered Land Surveyor and 

meeting the plan recording requirements ofthe registry of deeds, and an 

amendment to this Restriction amending Area C executed by Grantor and 

meeting the requirements of Paragraph 17 hereof, shall be provided to EPA, 

DEP and the Performing Parties, and said plan and amendment shall be duly 

recorded by Grantor forthwith in the appropriate registry of deeds. A written 

certification by an LSP that the work resulting in such modification of Area C 

has been completed must be submitted by Grantor to EPA and DEP within 30 

days of such modification; 

(x) Any portions ofthe cap in Area C which are excavated or removed therefrom 

must be replaced in accordance with the performance standards established 

under the ROD; 

(xi) Activities occurring entirely within areas of clean fill constructed within Area C 

for the purpose of locating utilities or other structures shall be restricted in the 

same manner as Area B, but, when disturbed, the cap covering such areas must 

be restored in a manner in accordance with the performance standards 

established under the ROD; 

(xii) With respect to activities entailing the disturbance of less than 25 square yards 

of capped area and less than 5 cubic yards of material underiying the cap, a 

written, generic plan prepared by an LSP which describes the proposed 
activities, describes a plan to ensure that no harmfiil exposure to or release of 

hazardous substances will occur, describes a health and safety plan, and 

describes steps to be taken to ensure restoration ofthe cap to its original 

condition shall be submitted by the Grantor for EPA pre-approval, •with a 

reasonable opportunity for review and comment by the Commonwealth, acting 

through DEP, and once approved in writing by EPA, the "Pre-Approved Plan" 

shall be allowed for all such activities unless a specific plan is submitted to and 

approved by EPA, after a reasonable opportunity for review and comment by 

the Commonwealth, acting through DEP; 

(xiii) Written notification must be pro^vided to EPA and DEP no later than 30 days 

prior to each proposed excavation, said excavation to be conducted in 

accordance with the Pre-Approved Plan; 

(xiv) Grantor shall modify the Pre-Approved Plan should any relevant laws, 

regulations, or performance standards change and secure EPA •written approval 

of such modified plan, after a reasonable opportunity for review and comment 

by the Commonwealth, acting through DEP, before such plan may become 

effective; and 

(xv) DisturbanceoftheDemolitionDebris Vault may only be conducted pursuant 

to a specific EPA-approved plan, after a reasonable opportunity for review and 

comment by the Commonwealth, acting through DEP, and not the PreApproved Plan. 

D. Obligations and Conditions for Area D. Prior to any Non-Remedy Excavation in Area 

D, the following obligations and condhions shall be undertaken and maintained at such 

land: 

(i) Written notification from Grantor to EPA and DEP is required no later than 30 

days prior to any such proposed excavation; 

(ii) Such notification must be prepared by an LSP, and shall include a detailed 

explanation ofthe planned disturbance, a description ofthe proposed activities, 

a health and safety plan, a plan to ensure that no harmfiil exposure to or release 

of hazardous substances will occur, and a description of steps to be taken to 

ensure that restoration ofthe cap is conducted in accordance with the 

performance standards established under the ROD; 

(iii) Work shall not commence unless the proposed activity is approved, in writing, 

by EPA after a reasonable opportunity for re^view and comment by the 

Commonwealth, acting through DEP; 
(iv) Soils that are excavated within Area D shall be: 

(a) disposed of in Area D and capped in accordance 'with the performance 

standards established under the ROD; and/or 

(b) analyzed, managed and disposed of off Property in accordance with all 

applicable federal and state laws and regulations and any requirements 

imposed by EPA, after consultation with the Commonwealth, acting 

through DEP, as part of EPA approval for such excavation; 

(v) In the event that the areal extent or grade of Area D is permanently modified as 

a result of work being conducted in said area, a survey showing such 

modification, prepared by a Massachusetts registered land surveyor and 

meeting the plan recording requirements ofthe registry of deeds, and an 

amendment to this Restriction amending Area D executed by Grantor and 

meeting the requirements of Paragraph 17 hereof, must be provided to EPA, 

DEP and the Performing Parties, and said plan and amendment shall be duly 

recorded by Grantor forthwith in the appropriate registry of deeds. A written 

certification by an LSP that the work resulting in such modification of Area D 

has been Completed must be submitted by Grantor to EPA and DEP within 30 

days of such modification; 

(vi) Any portions ofthe cap excavated or removed must be promptly replaced in 

accordance with the performance standards established under the ROD; 

(•vii) Acti^vities occurring entirely •within areas of clean fill constructed •within Area D 

for the purpose of installing utilities or other structures are subject to the same 

Obligations and Conditions established hereunder for Non-Remedy Excavation 

in Area B, but, when disturbed, the cap covering such areias must be restored in 

a manner consistent -with the Obligations and Conditions established hereunder 

for Non-Remedy Excavation in Area D; 

(viii) With respect to activities entailing the disturbance of less than 25 square yards 

of capped area and less than 5 cubic yards of material underlying the cap, a 

generic, -written plan prepared by an LSP which describes the proposed 

activities, describes a plan to ensure that no harmfiil exposure to or release of 

hazardous substances will occur, describes a health and safety plan, and 

describes steps to be taken to ensure restoration ofthe cap to its original 

condition shall be submitted by Grantor for EPA pre-approval, with a 

reasonable opportunity for review and comment by the Commonwealth, acting 

through DEP, and, once approved in writing by EPA, the "Pre-Approved Plan" 

shall be followed for all such activities unless a specific plan is submitted to and 

approved by EPA, after a reasonable opportunity for review and comment by 
the Commonwealth, acting through DEP; 

(ix) Written notification must be provided to EPA and DEP no later than 30 days 

prior to each proposed excavation conducted pursuant to the Pre-Approved 

Plan; and 

(x) The Grantor shall modif\' the Pre-Approved Plan should any relevant laws, 

regulations, or performance standards change to be consistent therewith and 

shall secure EPA approval of such modified plan after a reasonable opportunity 

for review and comment by the Commonwealth, acting through DEP, 

whereupon such modified plan shall become effective. 

5. Emergency Excavation. If it becomes necessary to excavate within the Restricted Area as 

part of a response to an emergency (e.g., repairing utility lines or responding to a fire or 

flood), and such excavation could result in a significant risk of harm from exposure to the 

hazardous substances located whhin the Restricted Area, the requirements of Paragraphs 

(3) and (4) of this Restriction may be suspended, provided Grantor: 

(i) Notifies Emergency Personnel at EPA and DEP of such emergency as soon as 

possible but no more than two hours after having learned of such emergency; 

(ii) Limits the actual disturbance involved in such excavation to the minimum 

reasonably necessary to adequately respond to the emergency; 

(iii) Implements all measures necessary to limit actual or potential risk to the public 

health and environment; 

(iv) Undertakes specified precautions to minimize exposure of workers and 

neighbors ofthe Site to the hazardous material; and 

(v) Engages an LSP to oversee the implementation of this Paragraph, and to 

prepare and oversee the implementation of a written plan which, in the LSP's 

Opinion, will restore the Restricted Area to a condition consistent with 

protecting the human health and the en^vironment, and re^view and evaluate 

response actions to ensure minimal disturbance of the contaminated soils, a 

copy of said plan to be submitted to EPA and DEP within 10 days of its 

execution, •with an Opinion from the LSP stating that the Restricted Area has 

been restored to a condition consistent with protecting the human health and 

the environment; 

6. Easements. In establishing this Restriction, Grantor hereby grants to Grantee, its agents, 

assigns, contractors, subcontractors, and employees, for the term of this Restriction, the 

following easements in, on, upon, through, over and under the Restricted Area: 
(i) The right to pass and repass for purposes of inspecting the Restricted Area to 

insure compliance with the terms of this Restriction; and 

(ii) The right to conduct subsurface investigations, install groundwater monitoring 

wells, and conduct other investigations ofthe Restricted Area, and to perform 

response actions consistent with CERCLA, the NCP, Chapter 2IE and the 

MCP. 

7. Severability. Grantor hereby agrees, in the event that a court or other tribunal determines 

that any pro^vision of this instrument is invalid or unenforceable: 

(i) That any such provision shall be deemed automatically modified to conform to the 

requirements for validity and enforceability as determined by such court or 

tribunal; or 

(ii) That any such pro^vdsion that, by its nature, cannot be so modified shall be deemed 

deleted from this instrument as though it had never been included. In either case, 

the remaining provisions of this instrument shall remain in fijll force and effect. 

8. Assignment. Grantor hereby agrees that Grantee may assign, transfer and set over any or 

all ofthe rights granted to Grantee hereunder, including the right to enforce such rights, to 

DEP or to any other party conducting response actions at the Property, while reserving 

the right to exercise such right in common -with any such assignee. The grantee of such 

assignment of right shall record the assignment in the appropriate registry of deeds, said 

assignment becoming effective upon its recordation. 

9. Dutv to Record a Notice of Extension. Grantor shall record a notice of extension ofthe 

rights created hereunder within the time period prescribed by M.G.L. Chapter 184, 

Section 27, or any other applicable law, to ensure the continued validity and enforceability 

of such rights as to private non-governmental parties having the benefit thereof; provided, 

however, nothing herein shall be construed to require the recording of a notice of 

extension of any rights granted to Grantee or DEP, said rights running in perpetuity as set 

forth in Paragraph 15 below. 

10. Enforcement. Grantor expressly acknowledges that a violation ofthe terms of this 

instrument could resuh in the following: 

(i) The assessment of penalties and enforcement action by EPA to enforce this 

Restriction; or 

(ii) The assessment of penalties and enforcement action by EPA pursuant to 

CERCLA and the NCP and/or by DEP pursuant to Chapter 2IE and the MCP; 

10 
or 

(iii) Upon a determination by a court of competent jurisdiction, the issuance of 

criminal and civil penalties, and/or equitable remedies which could include the 

issuance of an order to modify or remove any improvements constructed in 

violation ofthe terms of this Restriction. 

11. Provisions to Run With the Land. This Restriction establishes certain rights, liabilities, 

agreements and obligations which shall run with the Property for the term of this 

Restriction and shall be binding upon Grantor and all parties claiming under him. Grantor 

hereby covenants for himself and his heirs, successors and assigns to stand seized and 

hold title to the Property subject to this Restriction. 

The rights granted to Grantee and its successors in interest do not provide, however, that 

a violation of this Restriction shall result in a forfeiture or reversion of Grantor's title to 

the Property. 

12. Concurrence Presumed. It is agreed that: 

(i) Grantor and all parties claiming by, through or under Grantor shall be deemed to 

be in accord •with the provisions of this document; and 

(ii) All such parties and any party claiming by, through, or under Grantor, and their 

respective agents, contractors, sub-contractors and employees, also agree that the 

Restriction herein established shall not be •violated and that their respective 

interests in the Property shall be subject to the provisions herein set forth. 

13. Incorporation Into Deeds. Mortgages. Leases, and Instruments of Transfer. Grantor 

hereby agrees to incorporate this Restriction, in full or by reference, into all deeds, 

easements, mortgages, leases, licenses, occupancy agreements or any other instrument of 

transfer, whereby an interest in and/or a right to use the Property or a portion thereof is 

conveyed. 

14. No Dedication Intended. Nothing herein shall be construed to be a gift or dedication ofthe 

Property or to the general public for any purpose whatsoever. 

15. Term. This restriction shall run in perpetuity and is intended to conform to M.G.L. c. 184, 

Section 26, as amended. 

16. Rights Reserved. It is expressly agreed that acceptance of this Restriction by Grantee, and 

DEP, to the extent it becomes an assignee of any rights created hereunder, shall not 

express nor imply DEP approval ofthe adequacy of this or any other response action 

affecting the Property. Acceptance of this Restriction shall not operate to bar, diminish. 

11 
nor in any way affect any legal or equitable right of EPA or DEP to issue'any fiiture order 

•with respect to the Property or in any way affect any other claim, action, suit, cause of 

action, or demand which EPA or DEP may have with respect to the Property. 

17. Amendment and Release. This Restriction may be amended by Grantor •with the approval 

of Grantee, after a reasonable opportunity for review and comment by the 

Commonwealth, acting through DEP. Grantor hereby fiirther agrees to execute any 

amendment to this Restriction which EPA, after a reasonable opportunity for review and 

comment by the Commonwealth, acting through DEP, deems necessary for protection of 

the human health and the environment. Any such amendment that has been approved shall 

include Grantee's signed approval ofthe same. Said amendment shall become effective 

upon its recordation with the appropriate registry of deeds. 

This Restriction may be released, in whole or in part, by Grantee, or its assignee, after a 

reasonable opportunity for review and comment by the Commonwealth, acting through 

DEP. This Restriction shall not be deemed released unless and until Grantee and its 

assignee(s), and any other party claiming under Grantee, have released their respective 

interests. Said release(s) shall become effective upon its (their) recordation with the 

appropriate registry of deeds. 

Grantor hereby agrees to record any amendment to and/or release of this Restriction with 

the appropriate registry of deeds. ' 

This Restriction shall become effective upon its recordation and with the appropriate 

registry of deeds. 

For grantor's title see: Deed from John F. Hurley, Trustee of Grant Gear Realty Trust, to 

grantor dated June 30, 1997 and recorded with the Norfolk County of Deeds in Book , 

Page ; and Deed from John E. Reardon and Paul D. Reardon, Trustees of Kerry Place 

Trust, dated July 1, 1997 and recorded with Norfolk County Registry of Deeds in Book 

, Page . 

12 
WITNESS the execution hereof under seal this day of 

, 1997. 

Joseph Laham 

COMMONWEALTH OF MASSACHUSETTS 

,ss : , 1997 

Then personally the above-named Joseph Laham and acknowledged the foregoing 

mstrument to be his free act and deed before me, 

Notary Public: 

My Commission Expires: 

In accordance with M.G.L. c. 21E, Section 6, as amended, and the Massachusetts 

Contingency Plan, 310 CMR 40.000 as amended, the Commissioner ofthe Department of 

Environmental Protection hereby approves this Grant of Environmental Restrictions, Easements 

and Covenants (as to form only). 

Commissioner 

Department of En^vironmental Protection 

13 
EXHIBITA 

PARCEL I: 

A certain parcel of land -with the buildings thereon situated in Norwood, Norfolk County, 

Massachusetts and being shown as Lot 8 on a plan entitled "Plan of Land in Norwood, MA", RF. 

Merrikin Associates, dated February 3, 1993, recorded with Norfolk Registry of Deeds as Plan 

No. 150 in Plan Book 446, bounded and described as follows: 

SOUTHERLY by Dean Street, 103.10 feet; 

SOUTHWESTERLY by the junction of said Dean Street and Kerry Place as shown on said plan, 

78.54 feet; 

WESTERLY by Kerry Place, as shown on said plan, by three lines measuring 

118.54 feet, 61.86 feet and 370.54 feet respectively; 

NORTHERLY by land of Paul Birmingham, as shown on said plan, 162.71 feet; 

WESTERLY, again by land of Paul Birmingham, as shown on said plan, 5 feet; 

NORTHERLY by land of John F. Huriey, as shown on said plan, 94.33 feet; 

SOUTHWESTERLY by Lot 9, as shown on said plan, 265.01 feet; 

EASTERLY again by Lot 9, as shown on said plan, 231.06 feet. 

Containing 2.46 acres according to said plan; 

PARCEL n: 

A certain parcel of land situated in Norwood, Norfolk County, Massachusetts and being shown as 

Parcel B on a plan entitled "Plan of Land in Norwood, Mass." dated May 30,1985, Norwood 

Engineering Co., Inc. recorded with the Norfolk County Registry of Deeds as Plan No. 732 in Plan 

Book 323 and bounded and described as follows: 

NORTHWESTERLY by Kerry Place, as shown on said plan, 5.16 feet; 

NORTHEASTERLY by Parcel A, as shown on said plan, 60.10 feet; 

NORTHEASTERLY by land of John F. Huriey, et al Trustees, as shown on said plan, 103.90 

feet; 
SOUTHEASTERLY by Lot 7B as shown on said plan, 5.00 feet; 

SOUTHWESTERLY again by Lot 7B, as shown on said plan, 162.71 feet. 

Containing 817 square feet according to said plan; 

PARCEL m: . 

A certain parcel of land situated in Norwood, Norfolk County, Massachusetts and being shown as 

Parcel A on a plan entitled "Plan of Land in Norwood, Mass." dated May 30,1985, Norwood 

Engineering Co., Inc. recorded with the Norfolk Registry of Deeds as Plan No. 732 in Plan Book 

323 and bounded and described as follows: 

NORTHWESTERLY by Kerry Place, as shown on said plan, by five lines measuring 12.94 feet; 

51.45 feet; 384.58 feet, 40.48 feet and 33.85 feet respectively; 

NORTHWESTERLY by Lot 5A, as shown on said plan, by two lines measuring 57.74 feet and 

217.77 feet respectively; 

NORTHEASTERLY by land of Edward and Frieda Sons, as shown on said plan, 31.24 feet; 

SOUTHEASTERLY by land of John F. Hurley, et al Trustees, as shown on said plan, 724.91 

feet; 

NORTHEASTERLY again by land of John F. Hurley, et al Trustees, as shown on said plan, 91.70 

feet; 

SOUTHWESTERLY by Parcel B, as shown on said plan, 60.10 feet. 

Containing 13,785 square feet according to said plan; and 

PARCEL IV: 

A certain parcel of land situated in Norwood, Norfolk County Massachusetts, shown as Lot 1 on a 

Plan entitled "Plan of Land" in Norwood, Mass.", dated September 28, 1979, prepared by 

Norwood Engineering Co., Inc., and recorded •with the Norfolk County Registry of Deeds in Plan 

book 278, Plan Number 981-1979 and bounded and described, as shown on said Plan, as follows: 

BEGINNING at a point on an access ramp from the Boston Providence Pike, so-called [Rte.l] at 

the boundary line between the premises hereby conveyed and land now or formerly of Bandoni; 

Thence running South 27° 59' 24" West, 42.14 feet to a point; 
Thence turning and running along a curve to the right •with a radius of 240 feet, which is the 

westerly boundary line of said access ramp, for a distance of 211.88 feet to a point; 

Thence running South 78° 34' 24" West along said westerly boundary, 89.09 feet to a point; 

Thence turning and running along a curve to the left with a radius of 270 feet, which is a 

continuation of said westerly boundary, for a distance of 238.37 feet to a point; 

Thence turning and mnning South 27° 59' 24" East, 48.78 feet to a point; 

Thence turning and running North 62° 15' 51" West, 409.73 feet to a point on said northerly 

boundary; 

Thence turning and running North 17° 07' 33" West, 91.70 feet to a point on an easterly 

boundary of land ofthe Grantors; 

Thence turning and running along said easterly boundary North 27° 59' 24" East, 724.91 feet to a 

point; 

Thence turning and running South 43 degrees 21' 28" East, 770.15 feet to a point, which is the 

POINT OF BEGINNING. 
EXHIBIT B 

Area A is that portion ofthe Property not otherwise identified as Area B, C, or D. 

Area B is that portion ofthe Property containing concentrations of Poiychiorinated Biphenyls 

(PCBs) less than 40 parts perrnillion ("ppm") in the surface soils (up to one foot in depth) and 

less than 70 ppm PCBs in the subsurface soils (from one foot in depth to six feet in depth) under a 

cover generally consisting of a geotextile material and one foot of clean fill material or a 

geotextile material, clean fill material and a surface layer of asphalt. [The cover includes concrete 

bases for lighting fixtures, and other structures approved by EPA after a reasonable opportunity 

for re^view and comment by the Commonwealth, acting through DEP.] 

Area C is that portion ofthe Property containing the contaminated building slab and foundation 

ofthe former Grant Gear Works buildmg, including a former subsurface boiler room which has 

been filled with contaminated debris generated during demolition ofthe building and sealed with a 

structural slab (the "Demolition Debris Vault"), but only to the extent that this area does not 

contain contaminated soils and/or sediments exceeding 40 parts per million (ppm) PCBs disposed 

of •within this area as part ofthe Selected Remedy. If contaminated soils and/or sediments 

exceeding 40 ppm PCBs are placed -within this footprint, such area is to be classified as Area D. 

A cap, generally consisting of four inches of asphalt, has been constructed over the contaminated 

building slab as part ofthe Selected Remedy. [The cap includes concrete bases for lighting 

fixtures, and other structures, approved by EPA, after a reasonable opportunity for review and 

comment by the Commonwealth, acting through DEP.] 

Area D is that portion ofthe Property containing contaminated soils and/or sediments exceeding 

40 ppm PCBs at the surface or 70 ppm PCBs at depths greater than one foot protected by a cap 

consisting of a geotextile material, six inches of clean fill material and sbc inches of asphalt. [The 

cap includes concrete bases for lighting fixtures or other EPA-approved structures.] Note: 

composition should be known. Soils in Area D Land contain concentrations of PCBs as high as 

26,000 ppm. 

Upon recording, mail to: 

Remedial Project Manager - Norwood PCB Site 

U.S. Environmental Protection Agency 

Region I 

J.F.K. Federal Building 

Boston, MA 02203