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2009 TIGHE & BOND - PEER REVIEW SERVICES CONTRACT AMENDMENT W-39460-035 53 : • s November 6, 2009 Dr. Barbara Poremba, EdD, MPH, MS, RNCS, ANP, CNE Chairperson Salem Board of Health 120 Washington Street, 4th Floor Salem, MA 01970 and, Ms. Beth Renard, City Solicitor Salem City Hall 93 Washington Street Salem, MA 01970 Re: Transfer Station Site Assignment Peer Review Services Contract Amendment Dear Dr. Poremba, & Ms. Renard, Tighe & Bond was selected by the Salem Board of Health (the Board) in June 2008 to perform Peer Review Services for the Board regarding the site assignment for the proposed increased tonnage and new building at the existing Transfer Station site. We were verbally authorized to proceed in July of 2008 pending the signed contract. During the month of March 2009 we worked with the Board to execute a signed contract. On August 14, 2009 Tighe & Bond submitted a letter to the Board clarifying Tighe & Bond's scope of work based on the documents to be reviewed. Our review was initiated and suspended pending resolution of the documents that the Co-Applicants and Board considered part of the record. NorthSide Carting (NCI) together with the Mayor's Office of the City of Salem (the City) as Co-Applicants, submitted an application to modify the existing site assignment to the Board in May of 2009. Given the volume of documents that Tighe & Bond had received prior to the application, a letter was sent to Mr. Allan Hanscom, BETA Engineering, representing the Co-Applicants, on August 17, 2009, seeking to clarify the documents to be considered as part of the record. Our August 17Th letter also advised the Co-Applicants that the technical fee was not voluntary but rather that it was required by 310 CMR 16.00. On October 19, 2009 the Co-Applicant documented the documents to be considered as part of the official record and submitted the required technical fee payment to the Board. Additional scope has been performed due to the document substitution and at the request of the Board. This additional scope includes the following: ■ meeting preparation and attendance at five unanticipated meetings, ■ receipt and initial read and review of all pertinent documents, (ISA, CSA, CAAA, cost estimates, site plans, engineers invoices, ENF, ENF comment documents, Secretaries Certificate, Site Assignment Application and associated documents for Noise, Air, Traffic, etc), ■ assembly of all documents in T&B's possession, ■ research and guidance on multiple regulatory issues (fee, record, notice, minor vs. major modification, hearing officer, correspondence procedures, etc), 446 Main Street Worcester, MA 01608 Tel 508.754.2201 Fax 508.795.1087 ■ delivery of documents to Board, communications via phone and email with Board staff, Hearing Officer, MassDEP staff, and representative of the co-applicant, ■ verification of setback distances, and ■ pickup of copied documents. In order to complete the review, attend the November 10, 2009 initial hearing and to provide up to 24 additional hours of professional services as listed above, Tighe and Bond recommends that the existing $11,200 contract limit be increased by an estimated $8,000 to $19,200. We have included two copies of Amendment #1 to Attachment A that has been signed by Tighe & Bond and prepared for execution by the City. Please execute both copies and return one copy to Tighe & Bond for our records. We look forward to continuing to provide professional service to the Board. If you have any questions, or would like to meet our entire project team to discuss this matter further, please do not hesitate to call me at 508-471-9620, or contact Dana Huff at 4137572-3244. Very truly yours, TIGHE & BOND, INC. APPROVED: David A. Murphy, P.E. Dana C. Huff, P.E. Associate Vice President Senior Project Manager Enclosure: Amendment #1 to Attachment A J:\W\W3946 City of Salem Peer Review\AGREE\Salem Itr Amendment 11-6-09.doc -2- Amendment #1 to Attachment A City of Salem Engineering Consultant Agreement with Tighe & Bond 1. Delete Task 3 and 3A in their entirety and insert the following: Task 3 Review Technical Documents and Reports Tighe & Bond will perform a detailed review of the following documents and provide written comments to the Board of Health of presented respective reports: • Minor Site Assignment Modification dated June 2009 • Traffic Impact and Access Study prepared by Vanasse dated December 2007 • Air Quality Modeling Report prepared by Epsilon dated June 2008 • Air Quality Study focus on Risk Characterization by Wilcox & Barton June 2008 • Noise Impact Assessment Study by Epsilon dated March 2008 2. Delete the first paragraph under Cost in its entirety and insert the following: Based upon Tighe & Bond's proposal, the cost to complete Task No. 1 through Task No. 5 noted above will not exceed $19,200. Agreed to and accepted this 12th day of November, 2009 TIGHE & BOND CITY OF SALEM BOARD OF HEALTH 44J, By: By: Dana C Huff, P.E. Dr. Barbara Parumbo EdD, MPH,MS, Vice President RNCS, ANP, CNE, Board of Health Chair Approved as to form: Elizabeth Rennard, Esq., Salem City Solicitor r , W-39460-035 November 6, 2009 Dr. Barbara Poremba, Ed D, MPH, MS, RNCS, ANP, CNE Chairperson Salem Board of Health 120 Washington Street, 4th Floor Salem, MA 01970 and, Ms. Beth Renard, City Solicitor Salem City Hall 93 Washington Street Salem, MA 01970 Re: Transfer Station Site Assignment Peer Review Services Contract Amendment Dear Dr. Poremba, & Ms. Renard, Tighe & Bond was selected by the Salem Board of Health (the Board) in June 2008 to perform Peer Review Services for the Board regarding the site assignment for the proposed increased tonnage and new building at the existing Transfer Station site. We were verbally authorized to proceed in July of 2008 pending the signed contract. During the month of March 2009 we worked with the Board to execute a signed contract. On August 14, 2009 Tighe & Bond submitted a letter to the Board clarifying Tighe & Bond's scope of work based on the documents to be reviewed. Our review was initiated and suspended pending resolution of the documents that the Co-Applicants and Board considered part of the record. NorthSide Carting (NCI) together with the Mayor's Office of the City of Salem (the City) as Co-Applicants, submitted an application to modify the existing site assignment to the Board in May of 2009. Given the volume of documents that Tighe & Bond had received prior to the application, a letter was sent to Mr. Allan Hanscom, BETA Engineering, representing the Co-Applicants, on August 17, 2009, seeking to clarify the documents to be considered as part of the record. Our August 17th letter also advised the Co-Applicants that the technical fee was not voluntary but rather that it was required by 310 CMR 16.00. On October 19, 2009 the Co-Applicant documented the documents to be considered as part of the official record and submitted the required technical fee payment to the Board. Additional scope has been performed due to the document substitution and at the request of the Board. This additional scope includes the following: ■ meeting preparation and attendance at five unanticipated meetings, ■ receipt and initial read and review of all pertinent documents, (ISA, CSA, CAAA, cost estimates, site plans, engineers invoices, ENF, ENF comment documents, Secretaries Certificate, Site Assignment Application and associated documents for Noise, Air, Traffic, etc), ■ assembly of all documents in T&B's possession, ■ research and guidance on multiple regulatory issues (fee, record, notice, minor vs. major modification, hearing officer, correspondence procedures, etc), 446 Main Street Worcester, MA 01608 Tel 508.754.2201 Fax 508.795.1087 ■ delivery of documents to Board, communications via phone and email with Board staff, Hearing Officer, MassDEP staff, and representative of the co-applicant, ■ verification of setback distances, and ■ pickup of copied documents. In order to complete the review, attend the November 10, 2009 initial hearing and to provide up to 24 additional hours of professional services as listed above, Tighe and Bond recommends that the existing $11,200 contract limit be increased by an estimated $8,000 to $19,200. We have included two copies of Amendment #1 to Attachment A that has been signed by Tighe & Bond and prepared for execution by the City. Please execute both copies and return one copy to Tighe & Bond for our records. We look forward to continuing to provide professional service to the Board. If you have any questions, or would like to meet our entire project team to discuss this matter further, please do not hesitate to call me at 508-471-9620, or contact Dana Huff at 413-572-3244. Very truly yours, TI/G/H-E_& BOND, INC. APPROVED: David A. Murphy, P.E. Dana C. Huff, P.E. Associate Vice President Senior Project Manager Enclosure: Amendment #1 to Attachment A ]:\W\W3946 City of Salem Peer Review\AGREE\Salem Itr Amendment 11-6-09.doc -2- Amendment #1 to Attachment A City of Salem Engineering Consultant Agreement with Tighe & Bond 1. Delete Task 3 and 3A in their entirety and insert the following: Task 3 Review Technical Documents and Reports Tighe & Bond will perform a detailed review of the following documents and provide written comments to the Board of Health of presented respective reports: • Minor Site Assignment Modification dated June 2009 • Traffic Impact and Access Study prepared by Vanasse dated December 2007 • Air Quality Modeling Report prepared by Epsilon dated June 2008 • Air Quality Study focus on Risk Characterization by Wilcox & Barton June 2008 • Noise Impact Assessment Study by Epsilon dated March 2008 2. Delete the first paragraph under Cost in its entirety and insert the following: Based upon Tighe & Bond's proposal, the cost to complete Task No. 1 through Task No. 5 noted above will not exceed $19,200. Agreed to and accepted this 12th day of November, 2009 TIGHE & BOND CITY OF SALEM BOARD OF HEALTH S44- By: By: Dana C Huff, P.E. Dr. Barbara Parumbo EdD, MPH,MS, Vice President RNCS, ANP, CNE, Board of Health Chair Approved as to form: Elizabeth Rennard, Esq., Salem City Solicitor MEMORANDUM TigheEtBond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: ,Minor Site Assignment Modification by BETA Jun 2009 getter to MEPA related to Supplemental Information to ENF by ul 24, 2008 BETA(' 19 Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 Wilox & Barton v • Noise Impact Assessment Study by Epsilon✓ Mar 21, 2008 Vyraffic Impact and Access Study by Vanasse✓ Dec 2007 • ective Action Alternatives Analysis "CAAA")� Mar 2005 OImmediate Response Action Plan ("IRA") by BETA Jan 2003 CoCorrective mpre ens ve essment ("CSA") by BETA t� Sep 2003 Action Alt Analysis SOW ("CAAA-SOW" by BETA Sep 2003 vInitial Site Assessment ("ISA") t BETA Apr 2002 Subdivis1 ns Studies: 7Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse J MEMO TigheEtBond Technical Memos • T c Impact Assessment Witch Hill Residential Subdivision from ct 2007 Abend Associates Ce Traffic mpact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscella ous Letter from Mr. Greembaum to Salem related to extension of publ[Y'Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Cartin an 2001 (N C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the NF / VL� tter to MEPA from MassDEP after reviewing the ENW / Jul 15, 2008 tter to MEPA from Steven Pinto and Paul Prevey Councilors r/ Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns✓ Jul 14, 2008 • /Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 1 ' Comment • ,61raft ACO and NON to Salem and NSC ✓ Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • ter to Salem from NSC related to comprehensive proposal 1/ Mar 29, 2006 • tter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • OtCer to Salem from NSC related to services provided in June ✓ Aug 11,2004 I enture of Lease between Salem and NSC ✓ Mar 1, 2002 e/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 Permit by Rule • Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem v May 9 1988 •/'-eetter from Dep. of Environmental Quality Engineerin to Sep 9, 1975 Combustion Engineering, Inc. -2- r MEMO TigheFtBond Emails • Email between John Carrigan DEP and BETA related to design pl un 23, 2008 and setback requirements • Email from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 ]:\W\W39460ty of salem Peer RevIev,\MEMO\Memo Docs Inven[ery.doC -3- 32-39461-01 August 14, 2009 •• David J. GreenbaumActing Health Agent �^ City of Salem Board of Health RE�E�VE® 93 Washington Street, 4th Floor Salem, MA 01970 AUG 18P009 Re: Scope of Work Clarification BO'�r O sHt FM ARD OF H�LTI-I Dear David: This letter is to clarify Tighe & Bond's scope of work provided in our letter agreement with the Salem Board of Health (SBOH) dated March 5, 2009 related to Technical Review Services for the Salem Landfill & Transfer Station. In particular Task 3 "Review Technical Documents and Reports" found in Attachment A of our agreement lists several documents that Tighe & Bond was originally requested to review. Due to the passage of time since the writing of the scope of work (Spring 2008) and the recent submittal of the Site Assignment Application dated June 23, 2009, your office has requested that we substitute different documents for Tighe & Bond to review. This letter identifies the original documents which will now be removed, and then proposes the new documents that the SBOH requests to be included/substituted. The following documents which are listed in Task 3 will be removed from the Scope of Work: • Initial Site Assessment ("ISA") dated April 2002 Immediate Response Action Plan ("IRA") dated January 2003 • Comprehensive Site Assessment ("CSA") dated September 2003 • Corrective Action Alt Analysis SOW ("CAAA-SOW") dated September 2003 • Corrective Action Alternatives Analysis ("CAAA") dated March 2005 Based on recent discussions with the SBOH, the following documents will be included in Task 3: • Minor Site Assignment Modification dated June 2009 • Traffic Impact and Access Study prepared by Vanasse dated December 2007 • Air Quality Modeling Report prepared by Epsilon dated June 2008 • Air Quality Study focus on Risk Characterization by Wilcox & Barton June 2008 • Noise Impact Assessment Study by Epsilon dated March 2008 Tighe and Bond will allocate the remaining hours to the review of the new substituted documents noted above. Note that approximately 10 hours were spent reviewing these 446 Main Street • Worcester, MA 01608 • Tel 506.754.2201 • Fax 508.795.1087 documents prior to the requested substitution. If you have any questions regarding this letter please contact me at 508-471-9620. Very truly yours, TIGHE & BOND, INC. David A. Mu Eroject Associate/SemManager Enclosures: Engineering Consultant Agreement dated March 5, 2009 Copy: J:\W\W3946 City of Salem Peer Revlew\Pgreement- Proposals\Modify Task 3.doc i -2- • -i r 0 MEMORANDUM TigheHond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: ,s,"Minor Site Assignment Modification by BETA Jun 2009 • Letter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 BET Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 + it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 WilRbx & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 VTraffic Impact and Access Study by Vanasse Dec 2007 ✓Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 • C mprehensive Site Assessment ("CSA") by BETA Sep 2003 Corrective Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 Initial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse A MEMO Tighe&Bond Technical Memos • T is Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscella ous Lette » r from Mr. Greembaum to Salem related to extension of public Jul 9, 20099 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 �N C� Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 • Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • /Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 Commgnt Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 */Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 Permit by Rule /- Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. -2- i MEMO TigheHond Emails • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements • Email from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 ]:\W\W3946 Otv of Salem Peer Revlew\MEMO\Memo Doa Inventory.doc -3- MEMORANDUM TIAheEtBond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: Minor Site Assignment Modification by BETA Jun 2009 i Letter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 • it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 Wiox & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 I./Traffic Impact and Access Study by Vanasse Dec 2007 C--corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 Corrective mprehensive Site Assessment ("CSA") by BETA Sep 2003 Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 v Initial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse J MEMO TigheFtBond Technical Memos • T c Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Mis7Lett ous e rr from Mr. Greembaum to Salem related to extension of public Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 - (N C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 Comment • Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 Indenture of Lease between Salem and NSC Mar 1, 2002 •/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 L Permit by Rule /- Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. -2- I MEMO TigheHond Emails • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements I • Email from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 7:\W\W3946 Oty of Salem Veer RevieW\MEMO\Memo Does Inventory.doc -3- MEMORANDUM TIPIIeEtBond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: w' Minor Site Assignment Modification by BETA Jun 2009 • Letter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 BET Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 + it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 WilRbx & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 •vfraffic Impact and Access Study by Vanasse Dec 2007 /Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA ]an 2003 Corrective mprehensive Site Assessment ("CSA") by BETA Sep 2003 Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 vInitial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 L CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse MEMO TigheEtBond Technical Memos • T c Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscella ous » Letter from Mr. Greembaum to Salem related to extension of public Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 - (N C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 • Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • /Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 �' Commegnt • Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 •/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 L Permit by Rule • Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. -2- s MEMO TigheHond Emails • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements 1 • Email from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 J:\W\W3946 Clty of Salem Peer RwIeW\MEMD\Memo Doo Inventory.doc -3- f MEMORANDUM TigheBBond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: ,Minor Site Assignment Modification by BETA Jun 2009 Letter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 BET 4, Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 + it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 Wilox & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 .vfraffic Impact and Access Study by Vanasse Dec 2007 ✓Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 Corrective mprehensive Site Assessment ("CSA") by BETA Sep 2003 Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 u!,/Initial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse MEMO TigheEtBond Technical Memos • T is Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Mis7Lett ous e rr from Mr. Greembaum to Salem related to extension of public Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 - (N C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 • Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • /Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 L' Comment • Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 •/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 L Permit by Rule /- Leiter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. 2 MEMO Tigheaf Bond Emails • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements ` mail from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 ]:\MW3946 City of Salem Peer RevleW\MEMO\Memo Doa Inventory.doc -3- MEMORANDUM TigheHond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: L,✓Minor Site Assignment Modification by BETA Jun 2009 uLetter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 BET •t/Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 • r Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 Wil*x & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 .vfraffic Impact and Access Study by Vanasse Dec 2007 /Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 • C mprehensive Site Assessment ("CSA") by BETA Sep 2003 Corrective Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 vInitial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 L. CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse MEMO TigheaBond Technical Memos • T fic Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscella ous im Lette r from Mr. Greembaum to Salem related to extension of public Jul 9, 20099 hearing • Invoices related to Engineering Services paid by Northside Carting ]an 2001 - C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 • Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 /Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 Comment • Draft ACO and NON to Salem and NSC - Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 L/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 Permit by Rule /- Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. -2- MEMO TigheBBond Emalls • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements I,,,4mail from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 1:\W\W3946 City of salem Peer Review\MEMO\Memo Docs Inventory.doc -3- r MEMORANDUM TlgheEkBOnd Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: ,s/'Minor Site Assignment Modification by BETA Jun 2009 �etter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 BET Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 Willcox & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 .vfraffic Impact and Access Study by Vanasse Dec 2007 t/Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 • C mprehensive Site Assessment ("CSA") by BETA Sep 2003 Corrective Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 vInitial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse MEMO Tighef±Bond Technical Memos • Tis Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscella ous » Letter from Mr. Greembaum to Salem related to extension of public Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 - (N C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 • Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • !Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 V Comment • Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 •/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 Permit by Rule • Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. 2 l MEMO TigheHond Emails Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements l�mail from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 ]:\W\W3946 Oty of Salem Peer Revlew\MEMO\Memo Dob Inventorv.doc -3- MEMORANDUM TIPheEtB011d Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: .'Minor Site Assignment Modification by BETA Jun 2009 Letter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 BET Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 WiOx & Barton • Noise Impact Assessment Study by Epsilon Mar 21, 2008 CJfraffic Impact and Access Study by Vanasse Dec 2007 ✓Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 CoCorrective mprehensive Site Assessment ("CSA") by BETA Sep 2003 Action Alt Analysis SOW ("CAAA-SOW") by BETA Sep 2003 vInitial Site Assessment ("ISA") by BETA Apr 2002 Subdivisi ns Studies: • Traffic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse MEMO TigheEtBond Technical Memos • T is Impact Assessment Witch Hili Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscellan ous Letter from Mr. Greembaum to Salem related to extension of public Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 /N Sep 2008 • Certificate of.the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF —• Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 -�• Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 �' Comment • Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 L/Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 Permit by Rule • Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality-Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. -2- MEMO Tighef±Bond Emails • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements I • Email from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 J:\W\W3946 City of Salem Peer Revlew\MEMO\Memo Dors Inventory.doc -3- MEMORANDUM TigheEtBond Inventory of documents related to Transfer Station To: David J. Greenbaum, Salem Board of Health THROUGH: David. A. Murphy, Tighe & Bond FROM: Isabel F. McCauley Tighe & Bond copy: Dana Huff, P.E. Tighe & Bond DATE: August 20, 2009 The following is a summary of all documents provided by the Salem Board of Health related to the Swampscott Road Transfer Station: Reports, Studies and Submittals: Minor Site Assignment Modification by BETA Jun 2009 • Letter to MEPA related to Supplemental Information to ENF by Jul 24, 2008 ZBE Environmental Notification Form by BETA Jun 2, 2008 • it Quality Modeling Report (PM2.5 and PM10) by Epsilon Jun 2008 it Quality Study (PM and VOCs) focus on Risk Characterization by Jun 3, 2008 IL/Wilsox & Barton e Impact Assessment Study by Epsilon Mar 21, 2008 Vraffic Impact and Access Study by Vanasse Dec 2007 ✓Corrective Action Alternatives Analysis ("CAAA") Mar 2005 • Immediate Response Action Plan ("IRA") by BETA Jan 2003 • C mprehensive Site Assessment ("CSA") by BETA Sep 2003 C Co rrective Action Alt Analysis SOW ("CAAA SOW") by BETA Sep 2003 L;,/Initial Site Assessment ("ISA") by BETA Apr 2002 Sub/- Traf, ns Studies: ic Impact and Access Study for the Proposed Tri-City Sales and Nov 2006 CVS Pharmacy Development at 272 Highland Avenue prepared by Vanasse MEMO TigheEtBond Technical Memos Tia ff is Impact Assessment Witch Hill Residential Subdivision from Oct 2007 Abend Associates • Traffic Impact Assessment Proposed Commercial Developments 376 Jun 8, 2006 Highland Avenue from Abend Associates Miscellan ous Letter from Mr. Greembaum to Salem related to extension of public Jul 9, 2009 hearing • Invoices related to Engineering Services paid by Northside Carting Jan 2001 - C) Sep 2008 • Certificate of the Secretary of Energy and Environmental Affairs on Jul 25, 2008 the ENF • Letter to MEPA from MassDEP after reviewing the ENF Jul 15, 2008 • Letter to MEPA from Steven Pinto and Paul Prevey Councilors Jul 15, 2008 • Letter to MEPA from Charles Puleo personal concerns Jul 14, 2008 • /Letter to MEPA from Paulette Puleo SBOH related to ENF Public Jul 9, 2008 V Comment • Draft ACO and NON to Salem and NSC Jun 2, 2008 • Notice of Enforcement Conference from John Carrigan DEP to Salem Feb 13, 2008 • Letter to Salem from NSC related to comprehensive proposal Mar 29, 2006 • Letter to Salem from MEPA related toCAAA Conditional Approval Apr 20, 2005 • Letter to Salem from NSC related to services provided in June Aug 11,2004 • Indenture of Lease between Salem and NSC Mar 1, 2002 • Letter from MassDEP to Salem technical deficiency on application Jun 3, 1994 Permit by Rule • Letter from Salem to MassDEP related to the minutes of the BOH Apr 25, 1994 meeting of June 6, 1960 • Letter from Dep. of Environmental Quality Engineering to Salem May 9 1988 • Letter from Dep. of Environmental Quality Engineering to Sep 9, 1975 Combustion Engineering, Inc. -2- MEMO TigheEtBond Emails • Email between John Carrigan DEP and BETA related to design plans Jun 23, 2008 and setback requirements • t Email from DEP to Salem related to RFPs for the closure of landfill Sep 11, 2007 J:\W\W3946 City of Salem Peer Review\MEMO\Memo DOCS Inventory.Goc -3- Tighe&Bond March 20, 2009 W-3946-0-035/7200 Ms. Janet Mancini, Acting Agent r" - A Board of Health 120 Washington Street Salem, Massachusetts 01970MqR 32009 RE: Engineering Consultant Agreement Hr u of NEq� Dear Ms. Mancini: Enclosed please find two originals of our engineering consultant agreement for technical review of documents related to the Salem Landfill Transfer Station Site Assignment. We will commence our services once we are in receipt of the fully executed agreement and the Notice to Proceed. As noted in Attachment A, the project will be initiated with a "kick off" meeting with the Board of Health, City Engineer and appropriate City representatives to discuss the project, our role and the overall goals and objectives of the City. We will make our selves available upon the above referenced notification. We appreciate the opportunity to work.with the Board of Health and the City of Salem, and we look forward to our assignment. Please feel free to call me at any time at 413-572-3244, or contact me by email at dchuff0tighebond.com Very truly yours, TIGHE & BOND, INC Dana C. Huff, P. . Vice President Enclosures ]:\W\W3946\AGREE\final agreement 032009.doc 53 Southampton Road • Westfield, MA 01085 Tel 413.562.1600 Fax 413.562.5317 ENGINEERING CONSULTANT AGREEMENT March 5, 2009 Mr. Dana C. Huff, PE. Vice President Tighe & Bond 440 Main Street Worcester, MA 01680 Dear Mr. Huff: This letter is intended to record the terms of a master Consultant Agreement between THE CITY OF SALEM BOARD OF HEALTH, 120 Washington Street, Salem, Massachusetts 01970 ("Board") and Tighe and Bond, 440 Main Street, Worcester, MA 01680 (Consultant), pursuant to the terms of which Consultant will perform the services described herein. 1. DUTIES OF CONSULTANT: Board hereby agrees that as of March 5, 2009, it shall engage Consultant to provide such Consultant services as are requested by the Board or its designees. During the term of this Agreement, Consultant shall faithfully perform to the best of Consultant's ability all tasks and duties assigned, and shall devote to the performance of such duties a portion of Consultant's working time, attention and energies. Consultant shall provide services as described in Attachment A appended hereto and becoming an integral part of this Agreement. 2. TERM OF THIS AGREEMENT: Consultant Services shall commence on March 5, 2009, and shall end on the first to occur of the following events: (a) the delivery of notice given to Consultant by City that this Agreement is terminated for breach by Consultant of any of Consultant's obligations under this Agreement or for unsatisfactory performance by Consultant of the Consultant Services; (b) the bankruptcy or insolvency of either party; (c) the expiration of ten (10) days after either party has given written notice to the other of termination of this Agreement without cause. 1 (d) March 10, 2010. 3. COMPENSATION: Board agrees to pay Consultant as described in Attachment A appended hereto and becoming an integral part of this Agreement for the performance period of this Agreement for Consultant Services as have been delivered by Consultant to Board. Said payments shall be made within thirty (30) days of presentation of reasonably detailed (monthly) invoices. This service fee shall be the exclusive form of compensation by Board to Consultant (and to any employees of Consultant). Except for benefits, if any, resulting from prior employment by Board, neither Consultant nor any of Consultant's employees shall be eligible to receive any bonuses, commissions,finders fees, vacations, or other compensation from Board and shall not be eligible to receive any retirement benefits from Board, nor to participate in any health, disability or life insurance coverage provided by Board to its employees. Moreover, Board will not withhold any tax or social security payments due from Consultant to any governmental taxing authority. Consultant hereby agrees that Consultant will timely pay all taxes and fees upon the income earned from Board, and will indemnify and hold Board and the City of Salem, MA harmless against any claims of any governmental taxing authority made in connection with the revenue derived by Consultant pursuant to the terms of this Agreement. 4. NATURE OF RELATIONSHIP: Nothing in this Agreement shall be construed as establishing the relationship of employer and employee or the relationship of partners or joint venturers between the Board or the City of Salem and Consultant; and Consultant shall be considered for all purposes as an independent contractor. Consultant agrees to refrain from representing that Consultant is an employee of Board or City of Salem. 5. NONDISCLOSURE COVENANT: Consultant agrees that Consultant will not at any time during the term of this Agreement or after its termination, reveal, divulge, or make known to any person, firm, corporation or other business organization any credit information or confidential information whatsoever, whether of the Board, City of Salem, its employees or its suppliers, used or gained by Consultant during performance of the Consultant Services. Consultant further covenants and agrees to retain all such knowledge and information acquired during and after the term of this Agreement respecting such lists, trade secrets, or any secret or confidential information whatsoever in trust for the sole benefit of Board and City of Salem and its successors and assigns. 2 6. OWNERSHIP OF RECORDS AND DOCUMENTS: All written materials, records and documents made by Consultant or coming into Consultant's possession during the term of this Agreement concerning any services, products or processes used, developed, investigated or considered by Board or City, or otherwise concerning the business affairs of Board or City shall be the sole property of Board and City, and upon termination of this Agreement, or upon request of Board or City during the term of this Agreement, Consultant shall promptly deliver the same to Board and City of Salem. 7. SPECIFIC PERFORMANCE: Consultant recognizes that irreparable injury will be caused to Board and City by violating any provisions of Section 4, 5, and 6 of this Agreement; and Consultant agrees that, in the event of any such violation, the Board and or City in addition to such other rights and remedies as may exist under this Agreement, may apply to any court of law or equity having jurisdiction to enforce the specific performance of the provisions hereof, and may apply for injunctive relief against any act which would violate any such provisions. 8. INSURANCE COVERAGE: General - Consultant shall before commencing performance of the Agreement be responsible for providing and maintaining insurance coverage in force for the life of the Agreement of the kind and in adequate amounts to secure all of the obligations under the Agreement and with insurance companies licensed to write insurance in the Commonwealth of Massachusetts. All such insurance carried shall not be less than the kinds and amounts designated herein, and the Consultant agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the Consultant to any such kinds and amounts of insurance coverage. All policies issued shall indemnify and save harmless the City of Salem, the Board, its agents and employees from any and all claims for damages to persons or property as may rise out of the performance of this Agreement. Consultant's Comprehensive General Public Liability and Property Damage Liability Insurance -Consultant shall carry Comprehensive General Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injury to or death of one person, and subject to that limit for each person, a total limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries or death of two or more persons in any one accident; and Consultant's Comprehensive Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising 3 i out of injury to or destruction of property in any one accident, and subject to that limit per accident, a total (or aggregate) limit or not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. Comprehensive Automotive and Property Damage Insurance -Consultant shall carry Automobile Insurance covering all owned vehicles, hired vehicles or non- owned vehicles under the control of Consultant while performing work under the Contract in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and Property Damage coverage in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of property. Consultant must carry Workman's Compensation Insurance in the amounts prescribed under Massachusetts State Law and meet all other City and State Laws and Regulations. No cancellation(s) of such insurance,whether by the insurer or by the insured party shall be valid unless written notice thereof is given by the parties proposing cancellation to the other party and to the City of Salem at least fifteen (15) days prior to the intended effective date thereof, which date shall be expressed in said notice, which shall be sent by registered mail, return receipt requested. These provisions shall apply to the legal representative(s), trustee in bankruptcy, receiver, assignee, trustee, and successor(s) in interest of Consultant. All insurance coverage shall be at the sole expense of the Consultant and shall be placed with such company as may be acceptable to the City of Salem and shall constitute a material part of the contract documents. Failure to provide written proof to City and continue in force such insurance as aforesaid shall be deemed a material breach of the contract, and may constitute sufficient grounds for immediate termination of the same. 9. SEVERABILITY: Consultant agrees that if any provisions of this Agreement shall be invalid or unenforceable as written, such provision shall be construed as restricting the activities of Consultant to the full extent that such activities may be lawfully restricted. The invalidity or lack of enforceability of any provision of this Agreement shall not affect the validity and continuing effectiveness of any other provision of this Agreement. 4 10. COMPLIANCE WITH OTHER AGREEMENTS; COMPLIANCE WITH LAWS: Consultant represents that the execution of this Agreement and the performance of obligations hereunder will not conflict with, result in the breach of any provisions or the termination of, or constitute a default under, any agreement to which Consultant is or may be bound. Consultant will comply with federal, state, and local law in providing the services hereunder. 11. WARRANTY OF ORIGINAL DEVELOPMENT: Consultant warrants that the results of its services provided to City shall be of Consultant's original development (unless otherwise identified in advance), produced as a work for hire for City with no retention of rights by Consultant. 12. ENTIRE AGREEMENT: This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment, modification, or discharge is sought. 13. WAIVERS The waiver by City or Board of a breach of any of the terms or provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 14. BINDING EFFECT, BENEFITS: This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors, assigns, heirs, and legal representatives. 15. ASSIGNMENT: Neither this Agreement nor any part hereof shall be assigned, mortgaged, pledged, encumbered or otherwise transferred by Consultant or Consultant 's successors or assigns by operation of law or otherwise. 16. PUBLICITY: Consultant agrees to submit to Board all proposed advertising and other publicity matter relating to any services provided by Consultant wherein the Board or City's name is mentioned or language used from which the connection 5 of Board or City can be inferred. Consultant agrees not to publish or use such advertising or publicity matter without prior written consent of Board and City. 17. NOTICES: Any notice required to be given pursuant to this agreement shall be deemed to have been given when deposited in the United States mail, postage prepaid, or delivered via a recognized overnight mail services, addressed to Health Agent, City of Salem, 120 Washington Street, Salem, MA 01970, or Consultant, at the address mentioned above, or at such addresses as either City or Consultant may most recently have specified by written notice to the other acknowledged in writing by the receipt thereof of evidenced by return receipt of the U.S. Postal Service for certified or registered mail or the return receipt form provided by the overnight mail service. If the foregoing correctly sets forth our Agreement, please so indicate by countersigning the form of acceptance on this page, whereupon this Agreement shall become effective in accordance with the laws of the Commonwealth of Massachusetts. Please return all originals to the Board of Health, 120 Washington Street, Salem, MA 01970. After City Official signing, one original will be returned to you. Agreed to and accepted this day of March, 2009. TIGHE AND BOND CITY OF SALEM BOARD OF HEALTH By i�-� By Dana C. Huff, P. Vice President AoaJA Y�D�^ Approved as to form: Eliza&e-tA Rennard, Esq., City Solicitor 6 Attachment A City of Salem Engineering Consultant Agreement Task 1 Attend Kick-Off Meeting Tighe & Bond will attend one initial kick off meeting with the Board of Health, the City Engineer and other City representatives as appropriate to discuss the objective of the review process, including compliance with 310 CMR 16.00 and specifically 310 CMR 16.30 (2) (c) 3. At this meeting Tighe and Bond is prepared to present the results of its initial review and site walk observations, as well as present its experience with the MassDEP site assignment regulation representing both developers and municipalities. Task 2 Review Closure Costs Tighe & Bond will review and provide written comment on the most recent proposed closure costs as presented by applicant. Note that Tighe & Bond has reviewed several versions of proposed costs estimated in the documents available in the public files. One of the significant variables in these estimates is the actual size of the landfill and its associates landfill closure costs. Based on our detailed site walk and review of the test pit logs, the size of the actual landfill appears to remain a questionable figure. In addition, the estimates provided regarding waste relocation are significant determinants and needs to be scrutinized. Task 3 Review Technical Documents and Reports As noted in Section 2.3 "Specific Site Knowledge", Tighe & Bond has performed an initial review of the following documents: • Initial Site Assessment ("ISA") dated April 2002 • Immediate Response Action Plan ("IRA") dated January 2003 • Comprehensive Site Assessment ("CSA") dated September 2003 • Corrective Action Alt Analysis SOW ("CAAA-SOW") dated September 2003 • Corrective Action Alternatives Analysis ("CAAA") dated March 2005 Additional documents that have been identified in the City's Request for Proposal and require review include: • Notice of Intent submitted to the Salem Conservation Commission • Expanded ENF submitted to MEPA Page 1 of 2 Tighe & Bond will perform a detailed review and provide written comments to the Board of Health and City Engineer of presented respective reports, supporting documents and related technical information. Task 3A Review Air Quality Report Tighe & Bond will perform a detailed review and provide written comments to the Board of Health and City Engineer of the Air Quality Report for the proposed transfer station project. Task 4 Present Review Findings to City Officials Tighe & Bond will attend one review meeting with the Board of Health, the City Engineer, NCI and their representatives (Beta Engineering and Mackie Shea and Obrien), to discuss any questions or concerns related to review of the available technical documents. Task 5 Present Review of Finding at Public Hearing Tighe & Bond will attend one Board of Health Public Hearing and address residents' technical concerns at the Public Hearing or in writing within one week of the end of the Public Hearing. Cost Based upon Tighe & Bond's proposal, the cost to complete Task No. 1 through Task No. 5 noted above will not exceed $11,200. Note that Task 3A was added at the request of Ms. Joanne Scott (the former Health Agent) and Ms. Paulette Puleo by email dated July 28, 2008 for a not to exceed cost of$1,200. Our services will be invoiced for the actual hours worked times the rate of the employee involved, multiplied by a factor of 3.0 to cover indirect costs, overhead, and profit. Services performed by subcontractors and materials purchased directly for this project will be invoiced at cost plus ten percent. In the event that the scope of work is increased or decreased for any reason, the estimated cost to complete the work shall be mutually revised by written amendment. In the event that an amendment is not agreed upon, the work shall thereupon cease. Page 2 of 2 ENGINEERING CONSULTANT AGREEMENT March 5, 2009 Mr. Dana C. Huff, PE. Vice President Tighe &Bond 440 Main Street Worcester, MA 01680 Dear Mr. Huff: This letter is intended to record the terms of a master Consultant Agreement between THE CITY OF SALEM BOARD OF HEALTH, 120 Washington Street,Salem, Massachusetts 01970 ("Board") and Tighe and Bond, 440 Main Street, Worcester, MA , 01680 (Consultant), pursuant to the terms of which Consultant will perform the services described herein. 1. DUTIES OF CONSULTANT: Board hereby agrees that as of March 5, 2009, it shall engage Consultant to provide such Consultant services as are requested by the Board or its designees. During the term of this Agreement, Consultant shall faithfully perform to the best of Consultant's ability all tasks and duties assigned, and shall devote to the performance of such duties a portion of Consultant's working time, attention and energies. Consultant shall provide services as described in Attachment A appended hereto and becoming an integral part of this Agreement. 2. TERM OF THIS AGREEMENT: Consultant Services shall commence on March 5, 2009, and shall end on the first to occur of the following events: (a) the delivery of notice given to Consultant by City that this Agreement is terminated for breach by Consultant of any of Consultant's obligations under this Agreement or for unsatisfactory performance by Consultant of the Consultant Services; (b) the bankruptcy or insolvency of either party; (c) the expiration of ten (10) days after either party has given written notice to the other of termination of this Agreement without cause. 1 (d) March 10, 2010. 3. COMPENSATION: Board agrees to pay Consultant as described in Attachment A appended hereto and becoming an integral part of this Agreement for the performance period of this Agreement for Consultant Services as have been delivered by Consultant to Board. Said payments shall be made within thirty(30) days of presentation of reasonably detailed (monthly) invoices. This service fee shall be the exclusive form of compensation by Board to Consultant (and to any.employees of Consultant). Except for benefits, if any, resulting from prior employment by Board, neither Consultant nor any of Consultant's employees shall be eligible to receive any bonuses, commissions, finders fees, vacations, or other compensation from Board and shall not be eligible to receive any retirement benefits from Board, nor to participate in any health, disability or life insurance coverage provided by Board to its employees. Moreover, Board will not withhold any tax or social security payments due from Consultant to any governmental taxing authority. Consultant hereby agrees that Consultant will timely pay all taxes and fees upon the income earned from Board, and will indemnify and hold Board and the City of Salem, MA harmless against any claims of any governmental taxing authority made in connection with the revenue derived by Consultant pursuant to the terms of this Agreement. 4. NATURE OF RELATIONSHIP: Nothing in this Agreement shall be construed as establishing the relationship of employer and employee or the relationship of partners or joint venturers between the Board or the City of Salem and Consultant, and Consultant shall be considered for all purposes as an independent contractor. Consultant agrees to refrain from representing that Consultant is an employee of Board or City of Salem. 5. NONDISCLOSURE COVENANT: Consultant agrees that Consultant will not at any time during the term of this Agreement or after its termination, reveal, divulge, or make known to any person,firm, corporation or other business organization any credit information or confidential information whatsoever, whether of the Board, City of Salem, its employees or its suppliers, used or gained by Consultant during performance of the Consultant Services. Consultant further covenants and agrees to retain all such knowledge and information acquired during and after the term of this Agreement respecting such lists, trade secrets, or any secret or confidential information whatsoever in trust for the sole benefit of Board and City of Salem and its successors and assigns. 2 6. OWNERSHIP OF RECORDS AND DOCUMENTS: All written materials, records and documents made by Consultant or coming into Consultant's possession during the term of this Agreement concerning any services, products or processes used, developed, investigated or considered by Board or City, or otherwise concerning the business affairs of Board or City shall be the sole property of Board and City; and upon termination of this Agreement, or upon request of Board or City during the term of this Agreement, Consultant shall promptly deliver the same to Board and City of Salem. 7. SPECIFIC PERFORMANCE: Consultant recognizes that irreparable injury will be caused to Board and City by violating any provisions of Section 4, 5, and 6 of this Agreement; and Consultant agrees that, in the event of any such violation, the Board and or City in addition to such other rights and remedies as may exist under this Agreement, may apply to any court of law or equity having jurisdiction to enforce the specific performance of the provisions hereof, and may apply for injunctive relief against any act which would violate any such provisions. 8. INSURANCE COVERAGE: General - Consultant shall before commencing performance of the Agreement be responsible for providing and maintaining insurance coverage in force for the life of the Agreement of the kind and in adequate amounts to secure all of the obligations under the Agreement and with insurance companies licensed to write insurance in the Commonwealth of Massachusetts. All such insurance carried shall not be less than the kinds and amounts designated herein, and the Consultant agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the Consultant to any such kinds and amounts of insurance coverage. All policies issued shall indemnify and save harmless the City of Salem, the Board, its agents and employees from any and all claims for damages to persons or property as may rise out of the performance of this Agreement. Consultant's Comprehensive General Public Liability and Property Damage Liability Insurance -Consultant shall carry Comprehensive General Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injury to or death of one person, and subject to that limit for each person, a total limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries or death of two or more persons in any one accident; and Consultant's Comprehensive Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising 3 out of injury to or destruction of property in any one accident, and subject to that limit per accident, a total (or aggregate) limit or not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. Comprehensive Automotive and Property Damage Insurance - Consultant shall carry Automobile Insurance covering all owned vehicles, hired vehicles or non owned vehicles under the control of Consultant while performing work under the Contract in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and Property Damage coverage in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages to or destruction of property. Consultant must carry Workman's Compensation Insurance in the amounts prescribed under Massachusetts State Law and meet all other City and State Laws and Regulations. No cancellation(s) of such insurance, whether by the insurer or by the insured party shall be valid unless written notice thereof is given by the parties proposing cancellation to the other party and to the City of Salem at least fifteen (15) days prior to the intended effective date thereof, which date shall be _ expressed in said notice, which shall be sent by registered mail, return receipt requested. These provisions shall apply to the legal representative(s), trustee in bankruptcy, receiver, assignee, trustee, and successor(s) in interest of Consultant. All insurance coverage shall be at the sole expense of the Consultant and shall be placed with such company as may be acceptable to the City of Salem and shall constitute a material part of the contract documents. Failure to provide written proof to City and continue in force such insurance as aforesaid shall be deemed a material breach of the contract, and may constitute sufficient grounds for immediate termination of the same. 9. SEVERABILITY: Consultant agrees that if any provisions of this Agreement shall be invalid or unenforceable as written, such provision shall be construed as restricting the activities of Consultant to the full extent that such activities may be lawfully restricted. The invalidity or lack of enforceability of any provision of this Agreement shall not affect the validity and continuing effectiveness of any other provision of this Agreement. 4 10. COMPLIANCE WITH OTHER AGREEMENTS; COMPLIANCE WITH LAWS: Consultant represents that the execution of this Agreement and the performance of obligations hereunder will not conflict with, result in the breach of any provisions or the termination of, or constitute a default under, any agreement to which Consultant is or may be bound. Consultant will comply with federal, state, and local law in providing the services hereunder. 11. WARRANTY OF ORIGINAL DEVELOPMENT: Consultant warrants that the results of its services provided to City shall be of Consultant's original development (unless otherwise identified in advance), produced as a work for hire for City with no retention of rights by Consultant. 12. ENTIRE AGREEMENT: This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may be changed only by an agreement in writing signed by the party against whom any waiver, change, . amendment,modification, or discharge is sought. 13. WAIVERS The waiver by City or Board of a breach of any of the terms or provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 14. BINDING EFFECT; BENEFITS: This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors, assigns, heirs, and legal representatives. 15. ASSIGNMENT: Neither this Agreement nor any part hereof shall be assigned, mortgaged, pledged, encumbered or otherwise transferred by Consultant or Consultant 's successors or assigns by operation of law or otherwise. 16. PUBLICITY: Consultant agrees to submit to Board all proposed advertising and other publicity matter relating to any services provided by Consultant wherein the Board or City's name is mentioned or language used from which the connection 5 of Board or City can be inferred. Consultant agrees not to publish or use such advertising or publicity matter without prior written consent of Board and City. 17. NOTICES: Any notice required to be given pursuant to this agreement shall be deemed to have been given when deposited in the United States mail, postage prepaid, or delivered via a recognized overnight mail services, addressed to Health Agent, City of Salem, 120 Washington Street, Salem, MA 01970, or Consultant, at the address mentioned above, or at such addresses as either City or Consultant may most recently have specified by written notice to the other acknowledged in writing by the receipt thereof of evidenced by return receipt of the U.S. Postal Service for certified or registered mail or the return receipt form provided by the overnight mail service. If the foregoing correctly sets forth our Agreement, please so indicate by countersigning the form of acceptance on this page, whereupon this Agreement shall become effective in accordance with the laws of the Commonwealth of Massachusetts. Please return all originals to the Board of Health, 120 Washington Street, Salem, MA 01970. After City Official signing, one original will be returned to you. Agreed to and accepted this day of March, 2009. TIGHE AND BOND CITY OF SALEM BOARD OF HEALTH By lt` By Dana C. Huff, P.E. Vice President Approved as to form: Elizabeth Rennard, Esq., City Solicitor 6 Attachment A City of Salem Engineering Consultant Agreement Task 1 Attend Kick-Off Meeting Tighe & Bond will attend one initial kick off meeting with the Board of Health, the City Engineer and other City representatives as appropriate to discuss the objective of the review process, including compliance with 310 CMR 16.00 and specifically 310 CMR 16.30 (2) (c) 3. At this meeting Tighe and Bond is prepared to present the results of its initial review and site walk observations, as well as present its experience with the MassDEP site assignment regulation representing both developers and municipalities. Task 2 Review Closure Costs Tighe & Bond will review and provide written comment on the most recent proposed closure costs as presented by applicant. Note that Tighe & Bond has reviewed several versions of proposed costs estimated in the documents available in the public files. One of the significant variables in these estimates is the actual size of the landfill and its associates landfill closure costs. Based on our detailed site walk and review of the test pit logs, the size of the actual landfill appears to remain a questionable figure. In addition, the estimates provided regarding waste relocation are significant determinants and needs to be scrutinized. Task 3 Review Technical Documents and Reports As noted in Section 2.3 "Specific Site Knowledge", Tighe & Bond has performed an initial review of the following documents: • Initial Site Assessment ("ISA") dated April 2002 • Immediate Response Action Plan ("IRA") dated January 2003 • Comprehensive Site Assessment ("CSA") dated September 2003 • Corrective Action Alt Analysis SOW ("CAAA-SOW") dated September 2003 • Corrective Action Alternatives Analysis ("CAAA") dated March 2005 Additional documents that have been identified in the City's Request for Proposal and require review include: • Notice of Intent submitted to the Salem Conservation Commission Expanded ENF submitted to MEPA Page 1 of 2 Tighe & Bond will perform a detailed review and provide written comments to the Board of Health and City Engineer of presented respective reports, supporting documents and related technical information. Task 3A Review Air Quality Report Tighe & Bond will perform a detailed review and provide written comments to the Board of Health and City Engineer of the Air Quality Report for the proposed transfer station project. Task 4 Present Review Findings to City Officials Tighe & Bond will attend one review meeting with the Board of Health, the City Engineer, NCI and their representatives (Beta Engineering and Mackie Shea and Obrien), to discuss any questions or concerns related to review of the available technical documents. Task 5 Present Review of Finding at Public Hearing Tighe & Bond will attend one Board of Health Public Hearing and address residents' technical concerns at the Public Hearing or in writing within one week of the end of the Public Hearing. Cost Based upon Tighe & Bond's proposal, the cost to complete Task No. 1 through Task No. 5 noted above will not exceed $11,200. Note that Task 3A was added at the request of Ms. ,Joanne Scott (the former Health Agent) and Ms. Paulette Puleo by email dated July 28, 2008 for a not to exceed cost of$1,200. Our services will be invoiced for the actual hours worked times the rate of the employee involved, multiplied by a factor of 3.0 to cover indirect costs, overhead, and profit. Services performed by subcontractors and materials purchased directly for this project will be invoiced at cost plus ten percent. In the event that the scope of work is increased or decreased for any reason, the estimated cost to complete the work shall be mutually revised by written amendment. In the event that an amendment is not agreed upon, the work shall thereupon cease. Page 2 of 2 AC-ORD. CERTIFICATE OF LIABILITY INSURANCE OP ID GD DATE(MWDDNYYY) TIGHE-1 1 03/12/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Poole Professional Ltd.-TM HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 107 Audubon Rd. #2, Ste. 305 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'Wakefield MA 01880 j Phone: 800-371-1063 INSURERS AFFORDING COVERAGE NAIC M i INSURED INSURER A: Travelers Indemnity Co.- of 25658 INSURER B: Charter Oak Fire Ins. Co. 25615 Tighe & Bond, Inc.. INSURER - - 53Southampton Road INSURER D --- Westfield 01085 INSURER I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR rNSRE TYPED INSURANCE POLICY NUMBER DATE MM/DD/YY DATE Mi EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 TAMAGI B X COMMERCIAL GENERAL LIABILITY 680-531OL272-COF-08 10/01/08 10/01/09 PREMISES(Ed occurence) $ 1,000,000 CLAIMS MADE [X] OCCUR MED EXP(Ary one person) $ 10,000 X Business Owners PERSONAL&ACV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 '" POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ` -- ANY AUTO (Ea accident) -' -- ( ALL OWNED AUTOS BODILY INJURY - $ .q SCHEDULED AUTOS (Per person)' ... - - {, ; HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A X OCCUR ❑ CLAIMSMADE UP-7323Y492-IND-08 10/01/08 10/01/09 AGGREGATE $ 5,000,000 $ X DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY � `A'. ANY PROPRIETOR/PARTNER/EXECUTIVE XVMPHUB-5884Y64-4-08 05/01/08 05/01/09 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER B Business Owners 680-5310L272-COB-OB 10/01/08 10/01/09 Property $2,121,800 Package I Val Paps $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION LBoarCITYS-8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN d Salem NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL f Health IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR hington StreetA 01970 REPRESENTATIVES. AUTI EP SE T /100 ACORD 25(2001/08) ORD CORPORATION 1988 �6pp��1 pdW � .Ay r ,�. 1 w:q ACORD, CERTIFICATE OF LIABILITY INSURANCE 03/12/2 9) PRODUCER (413)536-0804 FAX (413)534-7874 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Martin J. Clayton Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1649 Northampton Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 989 Holyoke, MA 01041-0989 INSURERS AFFORDING COVERAGE NAIC# INSURED TIGHE & BOND, INC. INSURERA One Beacon Insurance Company 0005 53 SOUTHAMPTON RD INSURER B: WESTFIELD, MA 01085-1582 ! RC! INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑OCCUR MED EXP(Any one parson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY FBIE03526 09/15/2008 09/15/2009 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY A X SCHEDULED AUTOS / (Per person) $ \O./e X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS �L i�oo (Per accident) SI�` "M PROPERTY DAMAGE $ / C7F (Per accident) GARAGE UABILITY �/ s�V Ur AUTO ONLY-EA ACCIDENT $ ANY AUTO 150 OTHER THAN EAACC $ AUTO ONLY'. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F_] CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E .EACH ACCIDENT $ OFFICERIMEXCLUDED? EMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL THE CITY OF SALEM 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BOARD OF HEALTH BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 120 WASHINGTON STREET OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. SALEM, MA 01970 AUTHORIZED REPRESENTATIVE CC�IL 0df Harold Clayton Jr./MEG 4z0 df 25(2001108) ©ACORD CORPORATION 1988 ACORn. CERTIFICATE OF LIABILITY INSURANCE OP ID GD DATE(MWDD/YYYY) TIGHE-1 03/12/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Poole Professional Ltd.-TM HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 107 Audubon Rd. #2, Ste. 305 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wakefield MA 01880 Phone: 800-371-1063 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Specialty Insurance Co. 37885 INSURER B: Tighe & Bond, Inc. INSURER C: 53 Southampton Road wN URER D: v ' Westfield MA 01085 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN ALL L POLICY EFFE POLICY EXPIRATION LTR N$R TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DRIVE DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE F-]OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY JEPRCTO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ Is WORKERS COMPENSATION AND TORVLIMITS I I ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ yes,describe under S PRO SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER A Professional DPR9611483 04/14/08 04/14/09 Per Claim $3,000,000 Liability DEDUCTI LB E $100,0001 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS For professional liability coverage, the aggregate limit is the total insurance available for all covered claims presented within the policy period. The limit will be reduced by payments of indemnity and expense. CERTIFICATE HOLDER CANCELLATION LBoarCITYS-8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN d Salem NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL f HealthIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR hington StreetA 01970 REPRESENTATIVES, AUTHO EP SE T ACORD 25(2001/08) ORD CORPORATION 1988 bvo?ei Al David A. Murphy From: Alan Hanscom [AHanscom@BETA-Inc.com] Sent: Tuesday, June 30, 2009 11:28 AM To: David A. Murphy Cc: Beth Rennard; robgeorge; Bill Thomson Jr.(billthomson@northsidecarting.com); PaulTaurasi Subject: FW: Notice of Enforcement Conference-Salem Landfill Attachments: Saleml-df_City_NOEC08_02_13.doc FYI.... From: Carrigan, John (DEP) [mailto:John.Carrigan@state.ma.us] Sent: Thursday, February 14, 2008 7:59 AM To: AHanscom@beta-inc.com; Keenan, John - Rep. (HOU) Subject: Fw: Notice of Enforcement Conference - Salem Landfill Please find attached below an electronic copy of a Notice of Enforcement that was issued yesterday to the City of Salem relative to the closure of the Salem Landfill JohnC MADEP-NERD -----Original Message----- From: Carrigan,John(DEP) To: 'Elizabeth Rennard(brennard@salem.com)'<brennard@salem.com> Cc: 'mayor@salerr corn'<mayor@salem.com>; jscott@salem.com'<jscott@salem.com>;Chalpin,Richard(DEP) Sent:Wed Feb 13 16:13:25 2008 Subject:Notice of Enforcement Conference-Salem Landfill Beth: As we discussed,please find attached an electronic copy of a Notice of Enforcement Conference relative to the closure of the Salem Landfill. The hard copy will go out in tomorrow morning's mail. JohnC John A. Carrigan,Chief Solid Waste Management Section Bureau of Waste Prevention Northeast Regional Office Massachusetts Department of Environmental Protection 205B Lowell Street Wilmington,MA 01887 1 David A. Murphy From: Alan Hanscom [AHanscom@BETA-Inc.com] Sent: Tuesday, June 30, 2009 11:30 AM To: David A. Murphy Cc: Beth Rennard; David Knowlton; robgeorge; Bill Thomson Jr.(billthomson@northsidecarting.com); PaulTaurasi Subject: FW: Salem TFS FYI....see my email dated 6/23/08 and John's response.... From: Carrigan, John (DEP) [mailto:John.Carrigan@state.ma.us] Sent: Monday, June 23, 2008 2:37 PM To: Alan Hanscom Subject: RE: Salem TFS Adhering to the current foot print should be fine. JohnC John A. Carrigan, Chief Solid Waste Management Section . Bureau of Waste Prevention Northeast Regional Office Massachusetts Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 Phone: (978)694-3299 Fax: (978)694-3499 For Intra-Agency Discussion Only From: Alan Hanscom (mailto:AHanscom@beta-inc.com] Sent: Monday,June 23, 2008 2:14 PM To: Carrigan, John (DEP) 1 Cc: Paul Taurasi; Jerry Magnan; Robbie George; Bill Thomson Subject: RE: Salem TFS We sent a complete set of the ENF and supporting documents to both the MEPA Coordinator in the NE Regional Office and the Commissioner's Office. Do you need another set? With respect to the set-backs, we are holding to the original footprint, as you requested, since the original site assignment was "grandfathered"and you recommended a minor permit modification. The current design is predicated upon that assumption. Please call me with any questions. Alan D. Hanscom, P.E., LSP Senior Associate BETA Group, Inc. 315 Norwood Park South Norwood, Massachusetts 02062 Tel: 7811255-1982 Fax: 7811255-1974 Cell: 617/699-1878 From: Carrigan, John (DEP) (mailto:John.Carrigan@state.ma.us] Sent: Monday, June 23, 2008 11:37 AM To: ahanscom@beta-inc.com Subject: Salem TFS Alan: Did you provide the Department with copies of the design plans and other documents submitted to the BOH? Have you evaluated whether the proposed structure location meets the current site assignment setback requirements? JohnC John A. Carrigan, Chief Solid Waste Management Section Bureau of Waste Prevention Northeast Regional Office Massachusetts Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 Phone: (978) 694-3299 2 Fax: (978) 694-3499 For Intra-Agency Discussion Only Confidentiality Notice: This email message(and any attachments)contains information from BETA Group,Inc. _ that is confidential.If you are not the intended recipient(s),you may not disclose, copy,distribute,rely upon,or use its contents.Please reply to the sender immediately and delete this message.Thank you for your cooperation. Confidentiality Notice: This email message(and any attachments)contains information from BETA Group,Inc. that is confidential.If you are not the intended recipient(s),you may not disclose, copy,distribute,rely upon,or use its contents.Please reply to the sender immediately and delete this message.Thank you for your cooperation. 3 /< 41t ITO Jq k 4'qF der 3 i polo k lW r MIA ips �►