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HomeMy WebLinkAboutContract #: 014833 - From: 04-01-2012 To: 03-31-2015 - Tech Environmental, Inc - Town of North AndoverE � 0 TQ � z �Xr �\�/ @2<\z J�m«\ a � 0 q 0 = f � IZZ C- � �c � 2 i ® \rl 3 / > Ml « . E � 0 TQ URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR W GRAVEY OF COUNSEL e-mail chm@uf-law.com April 24, 2012 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: TECH ENVIRONMENTAL, INC. Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, C of Hajjar McGravey CHM/kmp Enclosure w:\wp51\work\n-andove\corresp\santilli.ltr - contract73.doex TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli° . ' p TEL (978) 688-9516 Assistant Town Manager * �o + FAX (978) 688-9556 April 19, 2012 Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: Enclosed please find for your review and approval three (3) original contracts, with accompanying documentation, between the Town of North Andover and Tech Environmental, Inc to monitor and evaluate various aspects of the Wheelabrator — North Andover facility and its operations for the period of April 1, 2012 through March 31, 2015 per the Invitation for Bids issued on February 28, 2012. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures Santilli, Ra From: Dana Buske [dbuske@techenv.com] Sent: Wednesday, April 11, 2012 9:18 AM To: Santilli, Ray Subject: TechEnv insurance certificates Attachments: Tech Environmental town of North Andover PL cert.pdf; Tech Environmental town of North Andover WC cert.pdf Importance: High Ray, As requested, here are Tech Environmental's insurance certificates. I have attached the insurance forms for professional liability and for worker's compensation coverage. The form for general and automobile liability will be sent to you as soon as we have it — we are having North Andover added as an additional insured party. If you need anything else, please let me know. Thanks, Dana Dana C. Buske, PhD Environmental Scientist TECH ENVIRONMENTAL Focused Knowledge. Real Solutions. 303 Wyman IStreet, Suite 295 Waltham, M 02451 Ph: (781) 890-2220 x29 Fx: (781) 890-9451 dbuskeCa�techenv.com www. techenv.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. / 4 ,, of-. TOWN OF NORTH ANDOVER CONTRACT CONTRACT # DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Tech Environmental, Inc Address: 303 Wyman Street, Suite 295 Waltham, MA 02451 Telephone Number: 781-890-2220 Fax Number: 781-890-9451 1. This is a Contract for the procurement of the following: Monitor and evaluate various aspects of the Wheelabrator — North Andover facility and its operations for the period of April 1, 2012 through March 31, 2015 in accordance with the Invitation for Bids dated February 28, 2012 2. The Contract price to be paid to the Contractor by the Town of North Andover is: April 1, 2012 through March 31, 2013 $10,200 April 1, 2013 through March 31, 2014 $12,200 April 1, 2014 through March 31, 2015 $14,200 3. Payment will be made as follows: Upon providing services and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by (Rev 5-2007) Contract by and between Town of North Andover and Tech Environmental, Inc Page l authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before March 31, 2015, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and Tech Environmental, Inc Page 2 North Andover Health Department Community Development Division MEMORANDUM To: Ray Santilli, Asst. Town Manager Cc: Curt Bellavance, Community. Dev. Director From: Susan Sawyer, health Director Date: March 29, 2012 0 1 f Re: Environmental Monitoring Wheelabrator ITB This memo is to inform you that in accordance with the IFB process; the Health Dept. has reviewed the proposal by Tech Environmental Inc., and has checked their references. This review has provided sufficient information to recommend the approval of Tech Environmental as the enviroiunental consulting firm to contigue the execution of the plan to monitor and evaluate the Wheelabrator North Andover Inc. (WNA) facility and its operations. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9540 tax 918.688.8416 Web www.townofnoTthandover.coni Santilli, Ray From: Santilli, Ray Sent: Friday, March 23, 2012 2:24 PM To: Sawyer, Susan Cc: Bellavance, Curt Subject: Environmental Monitoring Attachments: S35C-412032313140.pdf Two bids were received in the response to the Invitation for Bids for Environmental Monitoring — Wheelabrator. The low bid was submitted by Tech Environmental. Please review the attached submission and conduct a reference check. Please provide me with your written recommendation for award. If you have any questions, please call me. Thanks Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.TownofNorthAndover.com 1 TECHenwronmenraL FOCUSED KNOWLEDGE. REAL SOLUTIONS. April 9, 2012 Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Contract for Environmental Monitoring: Wheelabrator North Andover Dear Mr. Santilli: As requested in your April 6"' letter, Tech Environmental, Inc. (Tech) is returning three signed copies of the contract for our work as an Environmental Consultant for the Town of North Andover related to Environmental Monitoring for the Wheelabrator North Andover facility. If you have any questions or comments, please do not hesitate to contact me at (781) 890-2220, x29. We look forward to continuing to serve the Town of North Andover and its Board of Health. Sincerely, TECH ENVIRONMENTAL, INC. a4ele'r- C Dana C. Buske, Ph.D. Environmental Scientist TECH ENVIRONMENTAL, INC. 1 303 WYMAN STREET, SUITE 295 1 WALTHAM, MA 02451 1 P: 781-890-2220 I WWW.TECHENV.COM APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible and responsive bidder offering the lowest price for the first year of the proposed contract. All prices are to remain firm for the duration of the Contract. April 1, 2012 through March 31, 2013 Environmental Monitoring per Scope of Services April 1, 2013 through March 31, 2014 Environmental Monitoring per Scope of Services April 1, 2014 through March 31, 2015 Environmental Monitoring per Scope of Services TOTAL $ 10,200 TOTAL $ 12,200 TOTAL Addenda are acknowledged: Signature Business Name Tech Environmental, Inc. Business Address 303 Wyman Street, Suite 295, Waltham, MA 02451 Business Phone 781-890-2220 Fax 781-890-9451 Te,kr 44 fQ Name of Person Authori ed to sig ice Proposal er 'ysI tkeAt Title erson Authorized to sign Price Proposal of Above`Person Town of North Andover IFB Page 10 of 24 Environmental Monitoring TeCH enwr©0` men raL FOCUSED KNOWLEDGE. REAL SOLUTIONS. March 20, 2012 Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Proposal for Environmental Monitoring: Wheelabrator North Andover Dear Mr. Santilli: Tech Environmental, Inc. (Tech) is pleased to present this Proposal for an Environmental Consultant in accordance with the Town of North Andover's "Invitation For Bids (IFB): Environmental Monitoring Wheelabrator North Andover," dated February 28, 2012. Tech fully understands the scope of services and the Town's needs in terms of monitoring the activities of Wheelabrator North Andover (WNA). Tech has successfully and cost-effectively provided these services to the Town on a quick response basis for the past eleven years. As a result, we have a unique understanding of the key issues and compliance history of the facility, as discussed in more detail below. Tech meets the requirements of the IFB. If selected, Tech will furnish all labor, equipment, and vehicles required for work in accordance with the scope of services at a price that will remain firm for the initial one-year period of the contract. This Proposal includes all required statements and forms. Relevant Experience In addition to working for the Town of North Andover providing environmental expertise on the oversight of the WNA facility since 2001, Tech has over 25 years of environmental monitoring experience for solid waste facilities. Tech has successfully completed over 2,000 projects for municipal, industrial, solid waste, and real estate clients and has extensive experience working in the areas of air quality and health assessment/risk analysis for a variety of industries and sectors including expertise in solid waste plants. Tech's experience is demonstrated by a number of similar contracts which have been performed in the past two years, as requested in the IFB. These contracts include the following, with more details and contact information included in the attachment. • Town of Saugus Board of Health, Oversight of the Wheelabrator Saugus (WS) Facility; • Champion City Recovery, Brockton Transfer Station, Monitoring for Noise and Dust Compliance; • Devens Enterprise Community, Air Quality, Odor, Noise, and Dust Consultant and new Project Review; TECH ENVIRONMENTAL, INC. 1 303 WYMAN STREET, SUITE 295 1 WALTHAM, MA 02451 1 P: 781-890-2220 1 WWW.TECHENV.COM Mr. Ray SanNi March 20, 2012 • Massachusetts Port Authority General Environmental Consulting Services and Engineering Contract; • Wellesley College, Air Permitting Compliance Support including Stack Testing Review; and • New England Fertilizer Company (NEFCO), Air Permitting and Environmental Compliance Support. Insurance Tech Environmental has insurance to meet all contract requirements. Tech has general liability insurance coverage of $1 million per occurrence and $2 million aggregate, automobile liability coverage of $1 million combined limit (person and accident), and worker's compensation coverage of $1 million. In addition, Tech has an umbrella insurance policy that provides an additional $5 million of coverage for general and automobile liability. Insurance certificates are attached showing the Town of North Andover listed as an additionally insured party. Other Forms and Certifications Certificate of Vote, Non -Collusion, and Tax compliance forms are attached in the sealed Appendix A, as requested by the IFB. The Contract and Supplement S are also included. Understanding of the Scope of Work Tech will perform the Scope of Work as outlined in the IFB, providing objective data in reports and, if required, presentations to the Town and the Board of Health to assist the Board in performing its oversight of the "A facility. Tech would continue to implement a Monitoring Plan for WNA, which we developed with the Board of Health and which has been modified as described in the IFB. The tasks of the monitoring plan, in order of decreasing frequency of monitoring, are: • Every 9 months: 1. Tech will witness part of one day of the 9 -month expanded testing program in order to check the setup and methodologies in use. Tech will review the testing report and will confirm that test results were within emission limits and will update the emissions database (including charts and figures) with these results. 2. While onsite for the testing program, Tech will review records related the WNA's CEMS, opacity, and operating parameters. 3. Tech will review the dispersion modeling analysis to confirm that it was done correctly and to compare modeled predicted impacts of pollutants to Massachusetts Department of Environmental Protection (MassDEP) health -based guidelines. • Annual Reviews: 1. Tech will conduct a file review at the MassDEP to check data and reporting related to the facility. 2. Tech will review the WNA webpage from the previous year to ensure that the emission results are documented. LBTE?CH 2 environmenraL Mr. Ray Santilli March 20, 2012 3. Tech will assure that WNA is adhering to the Standards for Qualifications and Certification of Resource Recovery Facility Operator (ASME QRO-1-1992), by verifying the qualifications of the current WNA staff. 4. Tech will assure that WNA is adhering to the Massachusetts Public Safety Department's license requirements, as noted in MA Chapter 146 for firemen and engineers. 5. Tech will consult with WNA and OSHA regarding OSHA incidents on any lost time accidents or fatalities. 6. Tech will review the reports generated by the independent auditor and document significant environmental issues at WNA. • Annual Reporting: 1. Tech will prepare and submit a detailed annual report to Town, including a shorter and less technical version for the general public. The report will discuss the documents and issues reviewed as part of the annual review. The selection of Tech would offer valuable continuity to the project, since I have been working as the Project Manager with the Board of Health and providing oversight of the WNA facility since 2001. Our position gives us a unique understanding of the project's challenges and the issues that have been important to the Board and the Town over the last several years. We have been closely following issues related to protecting the public health of the residents of North Andover, including tracking the facility's emissions of dioxins and mercury and ensuring that the CEMS are functioning properly to ensure that emissions are below any relevant health guidelines. Tech has also been following the settlement between Attorney General's Office, the Mass DEP, and Wheelabrator for alleged environmental violations at three of Wheelabrator's waste -to -energy facilities closely. In 2011, our project scope evolved to address concerns of potential ash releases and Tech held a special meeting and tour of the facility and ash house along with interested members of the North Andover Board of Health. Tech has always paid close attention to the functioning of "A's Continuous Emissions Monitoring Systems (CEMS), which are the Town's front line of defense for monitoring and recording emissions. The Planning Board had expressed concern about the systems and so Tech has witnessed some of the testing and maintenance of the CEMS and has reviewed the resulting reports to ensure that the equipment is functioning properly and that the emissions are accurately reported. Tech tracks the emissions data through testing reports and the every -nine-month dispersion modeling analysis. As part of the dispersion modeling review, Tech compares the modeling results to health -based air quality standards for toxic substances developed by the MassDEP's Office of Research and Standards, and to Massachusetts and National Ambient Air Quality Standards, in order to establish the impact of "A on local air quality under the worst-case meteorological conditions. Tech stays current and up-to-date on the day-to-day workings of the WNA facility. We track changes that have been made at the facility over the years, such as the replacement of CEMS monitoring equipment, variations in dioxin emissions with the frequency of pollution control equipment (baghouse) replacement, any Notices of Noncompliance issued by MassDEP related to facility operation, and any articles about the facility in the news. As the Town's consultant going forward, Tech would provide a unique understanding of the relevant issues and how they have been handled for the WNA facility. LaTE?CH 3 environmenrat Mr. Ray Santilli Schedule and Terms March 20, 2012 Tech is available immediately to continue to provide the services in the Scope of Work to the Town. Tech has demonstrated it can provide quick -response service to the Town: several times in the past eleven years, Tech has responded to last-minute notifications of emissions testing occurring at WNA, and in those cases, we were available to witness the testing programs with less than 24 hours' notice. In the future, we would continue to make it a priority to be responsive to any questions or requests from the Board to discuss the facility and any changes that have occurred. Tech would work diligently to make sure that the Board's needs are met, as we have in the past. The costs for the implementation of this Scope of Work are included as Appendix A in the Sealed Envelope marked "Environmental Monitoring". Tech's familiarity with the project allows us to provide cost-effective services and we will work with the Board to provide the Scope of Work at the level of service that is requested by the Town. If you have any questions or comments regarding this proposal, please do not hesitate to contact me at (781) 890-2220, x29. We look forward to continuing to serve the Town of North Andover and its Board of Health. Sincerely, TECH ENVIRONMENTAL, INC. pp, 0 - &J _ Dana C. Buske, Ph.D. Environmental Scientist LBTeCH 4 environmenraL Mr. Ray Sanfilli Attachments • Appendix A: Sealed Envelope marked "Environmental Monitoring": o Pricing Proposal Sheet; o Certificate of Vote form; and o Certificate of Non -Collusion and Tax compliance form. • Similar Recent Contracts and Contact Information Sheets; March 20, 2012 • Insurance form for general liability, automobile liability, and umbrella liability coverage; • Insurance form for worker's compensation coverage; • Contract; and • Supplement S form. L3TE3CH 5 environmenraL Similar Recent Contracts and Contact Information Tech Environmental's staff has over 25 years of experience performing environmental monitoring for solid waste facilities. Tech has successfully completed over 2,000 projects for municipal, industrial, solid waste, and real estate clients and has extensive experience working in the areas of air quality and health assessment/risk analysis. Similar contracts performed in the last two years, with contact information, are: Town of North Andover Board of Health Oversight of the Wheelabrator North Andover (WNA) Facility Contact: Susan Sawyer, Town of North Andover Board of Health, (978) 688-9540 Timeframe: 2001 - 2011 Tech provided independent third -party oversight for the Wheelabrator North Andover (WNA) facility for the North Andover Board of Health (BOH) from 2001 - 2011. Tech Environmental developed and implemented a plan to monitor and evaluate various aspects of the WNA facility and its operations. This monitoring plan includes the preparation of an annual report to describe the results and conclusions of the program to Town officials and the general public. Tech reviewed reports and confirmed that test results were within limits, witnessed testing programs, and provided an objective review of the facility in reports and presentations to the Town and the Board of Health in order to assist the Board in performing its oversight of the WNA facility. Throughout the past decade, Tech has closely followed issues related to the facility with a focus on protecting the public health of the residents of North Andover. Town of Saugus Board of Health Oversight of the Wheelabrator Saugus (WS) Facility Contact: Frank Giacalone, Town of Saugus Board of Health, (781) 231-4115 Timeframe: 2011 - present Tech provides independent third -party oversight for the Wheelabrator Saugus (WS) facility for the Saugus Board of Health (BOH). This contract includes the preparation of an annual report to describe the results and conclusions of the program to Town officials and the general public. The WS facility includes two municipal waste combustors with air pollution control equipment, each of which has the capacity to burn up to 750 tons per day of municipal solid waste and a landfill for the ash generated at WS. Tech reviews reports and confirms that test results are within emission limits, witnesses testing programs, and provides an objective review of the facility in reports to the Town and the Board of Health in order to assist the Board in performing its oversight of the WNA facility. Champion City Recovery, Brockton Transfer Station Monitoring for Noise and Dust Compliance Contact: Craig Blake, Solid Waste Engineer, Woodard & Curran, (781) 251-0200 x2426 Timeframe: 2003 - present To satisfy a Brockton Board of Health Notice of Decision, Tech developed a monitoring plan and a plan to provide baseline and compliance monitoring for noise and particulate matter (PMIo and PM2.5) for a construction and demolition (C&D) transfer station in Brockton, Massachusetts. Tech conducts semi-annual monitoring for PMIo and PM2.5 and compares the results to the Massachusetts and National Ambient Air Quality Standards (NAAQS). As part of Tech's ongoing monitoring of operations, recommendations have been provided to reduce respirable particulate levels at nearby residential properties. Devens Enterprise Community Air Quality, Odor, Noise, and Dust Consultant & Project Review Contact: Peter C. Lowitt, The DEC, 978-772-8831 x3313 Timeframe: 2009 - present Tech is serving as an Air Quality, Odor, Noise and Dust Consultant to the Devens Enterprise Commission (The DEC). The DEC, formed in the early 2000s, operates as the Planning Board, Zoning Board of Adjustment, Conservation Commission, Board of Health, and Historic District Commission for the Devens Regional Enterprise Zone. Tech Environmental's services on this on-call services contract include review of air quality, noise and odor permitting issues associated with the proposed projects to ensure that they meet the DEC's Industrial Performance Standards (IPS). Tech developed the IPS guideline and has acted as the DEC reviewer/approver for an industrial/manufacturing facility. Tech also acted as the DEC liaison for a demonstration project for Evergreen Solar. Tech's work includes reviewing proposed projects and recommending changes to the designs to minimize impacts to potential air quality and nuisance concerns. Tech is also working with the DEC Planning Department to develop checklists for new projects to require project proponents to submit the necessary information to determine the potential air quality, odor, noise, and dust impacts of a new project. Massachusetts Port Authority General Environmental Consulting Services and Engineering Contract Contact: Ian Campbell, Senior Project Manager, Massport, 617-568-3508 Timeframe: 2010 - present Tech Environmental has a three-year air quality consulting services contract with the Massachusetts Port Authority in Boston. Under this contract, Tech provides support for Title V and new source permitting, odor investigations, stack testing, MassDEP source registrations, air quality monitoring and modeling analyses and greenhouse gas emissions inventories. Over the past two years, Tech completed the Logan International Airport annual source registration, as well as triennial source registrations for the Conley Terminal and Hanscom Air Field. Tech also oversees the annual stack testing of the Central Heating Plant. Tech is assisting Massport with renewal of their Title V Operating Permit for Logan. Tech also completed Massport's first online greenhouse gas emissions reporting for Logan, as required by MassDEP. Tech estimated CO2 emissions for all of Logan's stationary and on -road mobile sources. Tech assisted Massport in developing recordkeeping procedures for equivalent CO2 emissions to satisfy the more stringent GHG reporting requirements in 2011. Tech also prepared a GHG monitoring plan for Logan to meet the U.S. EPA reporting requirement under the Mandatory Greenhouse Gas Reporting Rule (40 CFR Part 98), and completed their first U.S. EPA online greenhouse gas emissions report for Logan. Wellesley College Air Permitting Compliance Support Contact: Max Greig, Assistant Director of Infrastructure for Wellesley College, (781)283-237 Timeframe: 2008 - present Tech Environmental was retained by Wellesley College to provide support in complying with the requirements of their Title V Operating Permit, including the preparation of the Operating Permit Renewal application. Tech works with the director of the Wellesley College Central Heating Plant and with the Director of the Environmental Health and Safety Office to review air quality regulations and to prepare reports and track emissions to ensure that Wellesley College is in compliance with its permit and air regulations. Tech also provides support when the Central Heating Plant is required to conduct a triennial air emissions testing program, providing assistance reviewing reports and the stack testing protocol. Because of Tech's knowledge and experience with the College's emissions sources, we were called upon to prepare the Title V Operating Permit renewal under an extremely tight deadline set by MassDEP. Tech worked closely with Wellesley College and MassDEP to meet this deadline. Tech continues to provide oversight of the College's Operating Permit reporting requirements and prepares all air permit reporting, the annual air emissions source registration, and the two annual greenhouse gas emissions reports required by the MassDEP and the EPA. New England Fertilizer Company (NEFCO) Air Permitting & Environmental Compliance Support Contact: Mike Thayer, Manager, Technology & Engineering, 617-773-3131 Timeframe: 2009 - present LL _ -- "` - ' Tech Environmental has worked with the New England Fertilizer Company (NEFCO) on several projects, including when the City of Cumberland, Maryland Department of Public Works was proposing to add a 14 dry -ton -per - day (DTPD) biosolids heat drying facility at their waste water treatment plant (WWTP) in Cumberland, Maryland. The facility is operated and maintained by NEFCO. Tech prepared a Maryland Department of the Environment (MDE) permit -to -construct application under a very tight deadline. As part of this application, Tech developed emissions calculations and performed a toxics air pollutant screening modeling evaluation. In addition, Tech prepared a Best Available Control Technology analysis for air toxics (T-BACT) demonstrating that a 3 - stage impingement tray scrubber and condenser with a regenerative thermal oxidizer is T- BACT. Tech prepared a very detail application that received minimal comments and questions from the MDE, which helped to expedite the permit review process. Since the facility was permitted, Tech has assisted with emissions reporting to the Maryland Department of the Environment. CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the l Q G�y, S,6111wezy L- /1 c _ held on M1 M c,(q. 1 2012- it was VOTED, THAT t� S'. fit (Name) (Officer) of �'TeCLL �e►�•V?�Y1u��n' be and hereby is authorized to execute contracts and bonds in the name and on behalf of said C v-i� , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of lei E✓►.J: -rnw,c ;.1'��on its behalf by such officer under seal of <' t e3k shall be valid and binding upon�Pck E.,tPu-[,,O ,. I hereby certify that I am the clerk of the above named Or and that Pe- � es— 4 Q��� is the duly elected officer as above of said (,41e22�Zkc,-Y� , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. -2 /l2 - (Date) Town of North Andover IFB Page 24 of 24 Environmental Monitoring CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature VV n. Print Name & Title Date 2 1 Z Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date Town of North Andover IFB Page 23 of 24 Environmental Monitoring AClJRO� CERTIFICATE OF LIABILITY INSURANCEF4/11/2012 `-� DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McWalter -Volunteer Insurance Agency Inc. 81 Main St. CONTACT Joanne Saulnier NAME: PHONE (978) 897-6200 NC o. (978)897-6349 nooAlE,Jsaulnier@mcwaltervolunteer.com INSURERS AFFORDING COVERAGE NAIC # Maynard MA 01754 INSURER ANorfolk & Dedham Group 3965 INSURED INSURER B TECH ENVIRONMENTAL INC INSURER C: 303 WYMAN ST INSURER D: SUITE 295 INSURERE: WALTHAM MA 02451 INSURER F COVERAGES CERTIFICATE NUMBER -Town of N Andover Health REVISION NUMRER- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/DD/YYYYI POLICY EXP IMMIDD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X R0513433A 0/25/2011 0/25/2012 AMA T O RENTEU__ PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS - COMP/OP AGG $ 2,000,000 PRO LOC X POLICY JFrT $ AUTOMOBILE LIABILITY Ea aBINEDiSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 0513433A 0/25/2011 0/25/2012 BODILY INJURY (Per accident $ ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00C $ U0908190A 0/25/2011 0/25/2012 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / NFR ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F—] N / A WC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If as, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is listed as additional insured on the general liability to the extent required by written contract or written agreement, with respect to work performed by the named insured. Town of North Andover Health Department Attention Ms Susan Sawyer 1600 Osgood St Building 20, Suite 2-36 North Andover, MA 01845 A fle% ne rnn�nmr� 1 ivi14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Saulnier/JES Q6- I_, . .__, v lyaa-cUTUAUVKU GORPUKATION. All rights reserved. INS025 r7mnn5i m Tho Ar(11711 nnmo onel Inn^ mro roniefororl m2rlre ^f Ornon yr IU: %JU AC®R0� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/08/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 781-245-5400 Poole Professional Ltd. 781-245-5463 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Christopher A. Poole CONTACT NAME: PHONE (Ax 107 AIC No Ext): A/C No ADDRESS: PRODUCER TECHE-1 CUSTOMER ID p: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Tech Environmental, Inc. Hobbs Brook Office Park 303 Wyman Street Waltham, MA 02451 INSURER A: Beazley USA Servs, Inc. 37540 INSURER B : INSURER C : INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBIR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EIOCCUR A A -- PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ NON -OWNED AUTOS $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION - ' - WC STATU- EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N /A TORY LIMITS ER ITR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Aggregate 1,000,00 �Enviromental Prof. Liability V15QLW120501 02/04/12 02/04/13 per claim 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is re uired) 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. l,Cr( I IrA A I r nVLUCR GANL;tLLA I IUN NANDO-4 Town of North Andover Health Department Attn: Susan Sawyer 1600 Osgood Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD yr w. vv CERTIFICATE OF LIABILITY INSURANCE DAT 03/0811203/08/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 781-245-5400 Poole Professional Ltd. 781-245-5463 107 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Christopher A. Poole NTACT NANAME, E, PHONE FAx a/c No Ext : AIC No ADDRESS: PRODUCER TECHE-1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Tech Environmental, Inc. Hobbs Brook Office Park 303 Wyman Street Waltham, MA 02451 INSURER A: Travelers Indemnity Co America 25666 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UB POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I—] OCCUR _ A PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1-1 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ NON -OWNED AUTOS $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A UB5876Y724 05/01/11 05/01/12 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Lftailll201G111�11111!GP1 - 41111-110"R4WGl1IOJO NANDO-4 Town of North Andover Health Department Attn: Susan Sawyer 1600 Osgood Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD APPENDIX A - PRICE PROPOSAL It is understood that the Environmental Monitoring Contract will be awarded to the responsible and responsive bidder offering the lowest price for the first year of the proposed contract. All prices remain firm for the duration of the Contract. These prices include the oral presentations discussed in the proposal. April 1, 2012 through March 31, 2013 Environmental Monitoring per Scope of Services: Invoices to be submitted on a Time & Materials Basis for effort on behalf of the Town (hourly rates as shown below and expenses invoiced at cost) to a Not to Exceed, Maximum Upper Limit of: TOTAL $24,500 Hourly Rates: Walter R. Niessen, P.E. $150.00 Dr. Christine L. Rioux $150.00 Melike DeGregorio $160.00 April 1, 2013 through March 31, 2014 Environmental Monitoring per Scope of Services: Invoices to be submitted on a Time & Materials Basis for effort on behalf of the Town (hourly rates as shown below and expenses invoiced at cost) to a Not to Exceed, Maximum Upper Limit of: TOTAL $25,000 Hourly Rates: Walter R. Niessen, P.E. $155.00 Dr. Christine L. Rioux $155.00 Melike DeGregorio $165.00 April 1, 2014 through March 31, 2015 Environmental Monitoring per Scope of Services: Invoices to be submitted on a Time & Materials Basis for effort on behalf of the Town (hourly rates as shown below and expenses invoiced at cost) to a Not to Exceed, Maximum Upper Limit of: TOTAL $25,000 Hourly Rates: Walter R. Niessen, P.E. $160.00 Dr. Christine L. Rioux $160.00 Melike DeGregorio $170.00 Addenda None are acknowledged: Signature Page 1 of 2 Business Name: Niessen Consultants Business Address: 14 Forbes Lane, Andover, MA 0 18 10 Business Phone & Fax: (978) 470-4622 Business E-mail Address: niessen@att.net Walter R. Niessen, P.E. Name of Person Authorized to sign Price Proposal President Title of Person Authorized to sign Price Proposal ignature of Above Per on Date Page 2 of 2 A CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Date ,WA(i7-�2 /2 /lkr� 15:7! ��-��/� Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I kkaw /e /(//e�,Gn7/ , authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. 0X69W>1,,.C, 31,//", Signature Date Town of North Andover IFB Environmental Monitoring Page 23 of 24 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon I hereby certify that I am the clerk of the above named and that is the duly elected officer as above of said , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) This form is not applicable to Niessen Consultants. Niessen Consultants is a Sole Proprietorship and, as its President and only employee, Mr. Walter R. Niessen is implicitly authorized to execute contracts and bonds in the name and on behalf of Niessen Consultants and such contracts and bonds shall be valid and binding upon the firm. Walter R. Niessen, P.E. President March 21, 2010 Niessen Consultants 14 Forbes Lane Andover, Massachusetts 01810 Telephone and Fax: (978) 470-4622 E-mail: Niessen@att.net March 1, 2012 Ms. Melike DeGregorio, Manager GreenUp Consultants LLC P.O. Box 690428 Quincy, MA 02269 Dear Ms. Melike, This letter agreement relates to the Invitation for Bids (IFB) issued on February 28, 2012 by the town of North Andover, MA relative to a one-year (extensible to three years) consultancy to monitor the environmental performance of the Wheelabrator municipal solid waste combustor (MWC) located in their community. The Scope of Services in the IFB lists a number of tasks, most of which fall within my area of expertise: design and operations of MWC systems, testing and air emissions and emission control, operator requirements, etc. The assignment is not large ($25,000/year maximum) and the effort is relatively undefined in man-hour terms. I plan the financial portion of my proposal submission for the assignment to be framed as a "Time and Materials" contract with an upper limit. The associated contract terms would specify the relevant hourly rate(s) of contributing consultant(s). Expenses would be invoiced at cost. For your information, I e-mailed you a copy of the IFB on February 29, 2012. One technical area of unknown magnitude relates to the review of occupational safety and health (OSHA) issues; especially if there are significant injuries or fatalities during the year. If matters in this area arise, I would like to call on your expertise to address the issues: review data, interview staff, prepare a memorandum report on your observations and conclusions, etc. If, however, no such issues arise during a review year, clearly, I would not have occasion to call on you. Thus, the relationship between GreenUp Consultants and Niessen Consultants would be comprised of an expression of your willingness to associate with me in the assignment with your specific participation to be defined in an informal memorandum scope agreement that would be drafted if and when your expertise is called upon by North Andover and/or events at Wheelabrator's facility. If you agree to work with Niessen Consultants on this basis, I propose to (1) include the name of GreenUp Consultants and you, specifically, as a part of the Niessen Consultant team; (2) to include your hourly rate in the proposal's financial section; and (3) to include your CV in the proposal's staff qualifications section. If you accept these conditions, please sign below and return to me with a CV. Very truly yours, Niessen Consultants Walter R. Niessen, P.E., B.C.E.E. President Accepted by GreenUp Consultant Melike DeGregorio Manager Hourly Rate: $ 160/hr Date: March 13, 2012 N March 1, 2012 Niessen Consultants 14 Forbes Lane Andover, Massachusetts 01810 Telephone and Fax: (978) 470-4622 E-mail: Niessen@att.net Ms. Christine L. Rioux, Research Assistant Professor Department of Public Health and Community Medicine, Tufts University 136 Harrison Avenue Boston, MA 02111 Dear Ms. Rioux, This letter agreement relates to an Invitation for Bids (IFB) issued on February 28, 2012 by the town of North Andover, MA relative to a one-year (extensible to three years) consultancy to monitor the environmental performance of the Wheelabrator municipal solid waste combustor (MWC) located in their community. The Scope of Services in the IFB lists a number of tasks, most of which fall within my area of expertise: design and operations of MWC systems, testing and air emissions and emission control, operator requirements, etc. The assignment is not large ($25,000/year maximum) and the effort is relatively undefined in man-hour terms. I plan the financial portion of my proposal submission for the assignment to be framed as a "Time and Materials" contract with an upper limit. The associated contract terms would specify the relevant hourly rate(s) of contributing consultant(s). Expenses would be invoiced at cost. For your information, I e-mailed you a copy of the IFB on March 1, 2012. One technical area relates to the health effects from the emission of air pollutants (esp. dioxins and mercury) and their impact on the Merrimack Valley. After confirming that testing and dispersion modeling are conducted properly we must review the air quality results (combined with other data for the Valley) and comment on the resultant health risk scene: where I would like you to be a part of the team. I do not see it as a large time commitment but it is of considerable public interest and may be interesting to you and takes experience, credentials and resources that I don't have. I would like to call on your expertise to address the issues: review data, prepare a memorandum report on your observations and conclusions, and, perhaps, participate in meetings with the client or in public hearings. Thus, the relationship between you and Niessen Consultants would be comprised of an expression of your willingness to associate with me in the assignment with your specific participation to be defined in an informal memorandum scope agreement that would be drafted if and when your expertise is called upon. If you agree to work with Niessen Consultants on this basis, I will (1) include your name as a part of the Niessen Consultant team; (2) include your hourly rate in the proposal's financial section; and (3) include your CV in the proposal's staff qualifications section. If you accept these conditions, please sign below. Very truly yours, Niessen Consultants Walter R. Niessen, P.E., B.C.E.E., President Accepted by Christine L. Rioux, PhD, MS Research Assistant Professor Hourly Rate: $ /hr Christine L. Rioux I Date: �, Z- TOWN OF NORTH ANDOVER Proposal of Niessen Consultants, S.P. For: ENVIRONMENTAL MONITORING WHEELABRATOR — NORTH ANDOVER Walter R. Niessen, P.E., B.C.E.E. President March 21, 2012 Table of Contents Proposal Introduction......................................................................... 1 A. Scope of Services................................................................ 2 1. Nine (9) Month Monitoring 2. Annual Base Monitoring 3. Reporting B. Qualifications................................................................... 5 1. WTE Technology and Environmental Monitoring 2. Health Effects 3. Communications C. Curriculum Vitae................................................................ 8 1. Walter R. Niessen 2. Christine L. Rioux 3. Melike DeGregorio Sealed Envelope 1. Appendix A — Price Proposal 2. Certifications 3. Agreement: Dr. Christine Rioux 4. Agreement: Ms. Melanie DeGregorio March 21, 2012 Niessen Consultants 14 Forbes Lane Andover, Massachusetts 01810 Telephone and Fax: (978) 470-4622 E-mail: Niessen@att.net Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 129 Main Street North Andover, MA 01810 Dear Mr. Santilli, Niessen Consultants submits herewith this proposal for the Environmental Monitoring of the Wheelabrator North Andover Waste -to -Energy (WNA WTE) plant on behalf of the Town of North Andover, Massachusetts. Niessen Consultants is a sole proprietorship with a single employee (myself). While my 50 years of related professional experience cover the greatest portion of the work, I have also signed arrangements (enclosed below) with two supporting professionals: Dr. Christine L. Rioux, a research assistant professor at Tufts University to contribute her skills and experience in environmental health effects and Melike DeGregorio of GreenUp Consultants LLC to contribute in matters involving OSHA and environmental health & safety. As a long-time resident of Andover and the Merrimack Valley, Mr. Niessen, the President of Niessen Consultants is aware of the public interest and concern regarding the environmental and health implications of the Wheelabrator plant. Ideally, the combination of the investments and operational skills of Wheelabrator and the soundness of the environmental regulations under which the plant operates combine to effectively address these concerns. However, it is also appropriate for the community to retain experienced and knowledgeable expertise to monitor the plant operations and to analyze the impacts arising from the measured emissions of the facility to both enhance confidence in the full compliance of the plant and to provide an objective and credible resource to the Health Department and the citizenry to whom questions and concerns can be expressed. The Niessen Consultant team is pleased to have this opportunity to offer our services to provide this resource. Page 1 of 8 A. Scope of Services 1. Nine (9) Month Monitoring a. Witness Testing Mr. Niessen will personally witness the first of the three tests conducted as part of the 9 -month expanded quarterly testing program. Prior to the tests, he will review the protocols approved for the testing firm to confirm their compliance with the pertinent Commonwealth sampling requirements; any special North Andover requirements; and EPA approved sampling and analysis methodologies. During the tests, he will observe the setup for the sampling train; adherence to EPA protocols; and compliance with good combustion and environmental engineering practice for such tests. The latter issues include but may not be limited to: the firing rate during the tests; the character of the waste material fired; the state of the combustor (air supply location and quantity; overall and local excess air levels, boiler cleaning frequency and timing relative to the test); the status of the air pollution control devices relative to the fabric filter (bag type, bag replacement schedule, bag house average and peak pressure drop, schedule of pulse jet operation, etc.), activated carbon feed rate and location, SNCR reductant feed rate and location. The more detailed parameter reviews are planned since, from Mr. Niessen's experience, these factors have a significant impact on dioxin, mercury and other pollutant emission rates. We believe it is important to assure that the conditions during the test fairly reflect the "typical" conditions and emission factors that would obtain during the majority of the operating periods. Without prejudice, we do not suggest that there are any problem areas, but we believe that the strongest observations and conclusions that can be reported to the citizens of North Andover should be based on an insightful and professionally sound understanding of the factors generating and controlling important air pollutants. b. Review of On -Site Records While on-site for the stack testing, Mr. Niessen will also review on-site records relating to emissions, operating parameters, maintenance and certification of the CEMs and equipment relating to the air pollution control equipment. Of special interest will be the documentation of episodic "upset" conditions during the operating period that could lead to excessive emission of pollutants; especially those not directly monitored (e.g. dioxin/furans, mercury and other heavy metals, PNHs, etc.). Page 2 of 8 c. Review of Dispersion Modeling The Niessen Consultants team will review the methodology (models selected, input data for emissions based on the stack testing results, meteorological data used) and the results of dispersion modeling conducted by "A to assess air quality impacts from the plant. The resulting pollutant increments will be considered both alone and in the context of "background concentration" data available from the EPA or MADEP due to the emissions of other Merrimack Valley air sources. Of particular importance are the impacts for toxic substances regulated with annual AAL's and 24-hour TEL'S developed by MADEP (Office of Research and Standards). The health effects issues will be of particular interest to Dr. Christine Rioux drawing on her experience in health effects risk assessments (esp. relative to dioxins and heavy metals). 2. Annual Based Monitoring a. DEP file review Mr. Niessen will visit the regional DEP offices and review data, complaints and other reporting relative to the WNA facility to confirm facility compliance. b. "A web page review Mr. Niessen will review the "A web page for the previous year to ensure that monthly emission results are being documented as required by the "Site Plan Approval/Special Permit, item 2, Section (a)(b)." c. Review compliance with ASME Standards for Qualification and Certification of Resource Recovery Facility Operators (ASME QRO-1-1992). Mr. Niessen, an ASME Life Member and member of the Solid Waste Processing Division (and its precursors) since 1968, will review the compliance of the "A staff with the ASME Standards for Qualification and Certification of Resource Recovery Facility Operators (ASME QRO-1-1992). d. Assure adherence to Massachusetts Public Safety Department license requirements (MA Chapter 146) regarding the licensing of firemen and engineers by the Commonwealth to include confirmation of the compliance of WNA staff with applicable continuing education requirements. Consult with "A facility and OSHA on lost time accidents or fatalities. Ms. Melike DeGegregorio, the safety and OSHA specialist on the Niessen Consultant team, will review the site OSHA forms 300, 300A and 301 and consult with regional OSHA office if deemed necessary and approved by the "A WTE plant. In addition, she will review the site and/or OSHA incident/injury Page 3 of 8 investigation and near miss reports including lost time accidents and fatalities applicable to the site. f. Review reports generated by "A independent environmental auditor and document any significant environmental issues noted. g. Although not'required in the North Andover Environmental Monitoring Scope of Work, Niessen Consultants recommends as an optional task (which we believe to be achievable within the budget), a review of plant maintenance and certification records relating to the CEM devices and the WNA air pollution control systems. Our experience and analysis of the technical issues concerning dioxin and mercury emissions from other municipal waste combustors has shown a significant impact of the maintenance status of the plant at the time of the test versus that during "normal" operations. If, for example, a test is run immediately after bag replacement, bleed through (affecting both mercury and heavy metal emissions) is lower. Ideally, the test should represent a reasonable, average condition. Also, it is important that the CEM devices used throughout the year are routinely calibrated and tested for repeatability and accuracy since the CEM is the day-to- day monitor of plant performance. While the results of such a review may not be quantitative, they provide useful perspective from which to judge the potential impact of plant operations on the surrounding community and give factual support in answering questions from the public as to whether the tests were "rigged" and the archived data untrue. In my experience, I have not yet found any municipal plant such as "A that did, in fact, intentionally hide their emission profiles. However, many communities include citizens with deep antagonism and suspicion regarding MWC plants and a thorough, sound, and well -supported review of plant operations aids in providing a defensible and credible work product. 3. Reporting a. Prepare and Annual Report to the Health Department and the Board of Health to include: i. Adherence by the plant to ASME QRO-1-1992. ii. Adherence by the plant to Public Safety Department's license requirements. iii. The results of our consultation with "A facility and OSHA on lost time accidents or fatalities and other OSHA issues. iv. The results of our review of available reports by WNA's independent environmental auditor. Page 4 of 8 b. Niessen Consultants will prepare an Annual Community Report which will include general information on the WNA facility and operations, information on the pollution control devices, monitoring devices (CEM's), air quality impacts, compliance with regulations, incidents of excessive emissions, and general facility operation. c. Niessen Consultants recommends (which we believe to be achievable within the annual budget) that Mr. Niessen orally present a summary of the Annual Report to the Health Department and Board of Health with PowerPoint visual aids which would give the opportunity for questions. Following that meeting he would be prepared to also present his findings at one public hearing where questions from the citizens could be addressed. The PowerPoint presentation for the public meeting would be tailored to a more lay audience but an audience with sincere interests in understanding the impacts of the WNA facility on the community. B. Qualifications We believe that the key qualifications needed for this assignment are: • Comprehensive familiarity and understanding of WTE systems, waste combustion and associated air pollution emission etiology, emission control process technology and operations, and dispersion analysis; • Understanding of the health effects of air quality impacts arising from plant operations in the context of the Merrimack Valley air shed; and • Written and oral communications skills to clearly and understandably convey the results of our monitoring/analysis efforts to assure that the regulatory, Health Department and public forums that receive our work products can productively use them. Such communications must be effective to technical, political and lay audiences. 1. WTE Technology and Environmental Monitoring The first bulleted key qualification is important because the behavior of a WTE system is not simplistic: the interaction of waste (with its seasonal and temporal variations) with the combustion process and hardware is complex. Pollutant formation, destruction, capture or emission is only understood through a combination of chemistry, physics, kinetics, and equilibrium issues along with a practical understanding of how incinerators work and fail. The ultimate focus of this assignment is on air emissions so the degree of capture and its variability for different equipment choices, as equipment ages and is (or is not) maintained, and on the operating set points (pressure drop, activated carbon feed rate, pulse jet frequency etc.). Further, the behavior of the plume (its dispersion characteristics) depends on physical (stack height) as well as operational parameters Page 5 of 8 (stack gas velocity and temperature) and on local meteorology. Assessing whether the air quality impacts are being properly accessed requires understanding of the modeling options available and those approved by the EPA and Commonwealth. The Niessen Consultants team incorporates this mix of skills and experience. Mr. Niessen has been a practicing chemical engineer working in the design, analysis and assessment of WTE technology since 1964. The focus of his work has drawn on his academic credentials in combustion gained at the Massachusetts Institute of Technology with a professional career that has focused on the special characteristics of combustion technology when applied to wastes with the genesis and capture or destruction of air pollutants. His past clients and systems are described in some detail in the curriculum vitae (CV) below. Two recent assignments that relate to the technical requirements of the North Andover assignment are described below. a. Wallingford, CT WTE Plant Dioxin and Mercury Assessment Annual testing of the Wallingford WTE plant in 2010 showed a significant exceedance of the maximum permitted dioxin emission concentration. At the direction of the Attorney General of the State of Connecticut and the Department of Environmental Protection, Covanta (the plant operator firm) was required to retain a mutually acceptable independent and impartial expert to assess the plant and its historical design, operations, maintenance and emissions history, and to develop with Covanta an assessment of the cause(s) of the exceedance and a strategy of equipment and operational changes to bring the plant into compliance. Mr. Niessen visited the plant and inspected the equipment and met with the operators and plant managers. Following a detailed analysis of the plant operational and emission data, review of pertinent literature, and contacts with vendors he prepared a report which recommended a series of changes in equipment and operations. With the agreement of Covanta and the State, the majority of the suggestions were implemented. Subsequent testing has shown a full return to compliance and dioxin, mercury and other heavy metal emission rates significantly below previous levels. Contacts: Sharon M. Seligman Mark C. White Assistant Attorney General Director of Combustion Engineering State of Connecticut Covanta Energy Corporation (860)808-5250 (862) 345-5342 b. Colt Refining Co. Inc. Advanced Incinerator Design and Permitting Colt Refining Co. Inc. (Colt) processes a wide variety of waste materials in their plant in Merrimack, NH. The unique characteristic of their input waste stream is its content of precious metal. Colt's business involves the recovery of those metal values. Of particular importance are gold, silver and platinum with iridium, rhodium and other metals Page 6 of 8 occurring less frequently. Niessen Consultants was retained by Colt in 2003 (continuing through to the present), to provide professional engineering and permitting support in developing strategies to refurbish and bring into service three, older, 2.0 MMBtu/hr Consumat batch -fired incinerators and, in the concept and preliminary design, trade-off analysis, feasibility studies and implementation of a new, 4.4 MMBtu/hr, continuous feed WTE system with heat recovery and advanced air pollution control. Also, operator training was provided. A unique requirement for the system was its ability to burn wastes containing Teflon (a polyflurocarbon) which generates HF in the combustor. The new combustor design involved a new, high capacity, continuous feed system with several, and special features including a dry, high performance air pollution control system which analysis showed was best provided using a high efficiency fabric filter with Teflon membrane bags for control of particulate and solid -phase heavy metals. Hydrated lime doped with carbon was introduced into the flue gases upstream of the bag house for the control of acid gases (HCl, HF and SO2), mercury and polynuclear hydrocarbons and dioxins. Niessen Consultants prepared specifications and followed the procurement, installation, and certification of CEMs. The CEMs acted both to monitor emissions and, also, to generate a control signal to adjust lime input rate to match acid gas flow such as to continuously achieve acid gas stack concentration limits). The CEM's monitored HCl, HF, SO2, wet and dry 02. Triboelectric devices mounted in the stack were specified to monitor bag leakage. To condition (cool) the gases ahead of the bag house, Niessen Consultants performed studies that showed the value of incorporating a fire tube boiler generating steam (not previously available in the facility). Colt plumbed the plant to incorporate steam use for building heating; for spot heaters over the open truck bays (in the winter); and made provision for use of steam as a heat source to dry sludge wastes using a vacuum dryer. These new energy management concepts were shown to significantly reduce fossil fuel use in the facility and to reduce net operating costs. Niessen Consultants prepared the Request for Proposals, evaluated the responses, selected a firm and monitored the stack testing program to demonstrate compliance testing of a representative furnace among the three Consumat units and the new unit. We also contracted for dispersion modeling of the emissions to assess compliance with New Hampshire health standards (24-hour and annual AALs) for the several regulated air toxics potentially emitted. All of the units passed the tests and are now in operation. Contact: Michael Coughlin Patricia North Vice President Air Pollution Control Permit Engineer (603) 492-9966 New Hampshire Dept. Environ. Services (603) 271-0901 2. Health Effects Page 7 of 8 The seconded bulleted key qualification is important since the ultimate interest in this work is the health impact of the WTE system on the North Andover community. Proper sampling and dispersion analysis will produce quantitative short and long term concentration increments from plant operation. Interpreting these results from the stand point of health impact is the special skill of Dr. Rioux who beings independent, impartial and skilled experience in health effects evaluation. 3. Communications The third key qualification, while obvious, is seldom profiled. However, communication skills are critical to the utility of the resulting work products: (1) the Annual reports which share the observations and conclusions of the Niessen Consultant team with the Town of Andover staff and the lay community and (2) if requested, the oral presentation of the results with real-time questions and answers from both professional and lay audiences. Mr. Niessen, who has written more than 95 professional papers and several books and has made countless professional and public hearing presentations, is well able to contribute these key skills. C. Curriculum Vitae The following present the detailed professional experience of the Niessen Consultants Team: Mr. Walter R. Niessen, P.E., B.C.E.E., Dr. Christine Rioux, Assistant Professor, Tufts University and Melike DeGregorio of GreenUp Consultants LLC. The Niessen Consultant team: myself, Dr. Rioux and Ms. DeGregorio look forward to the opportunity to work for the citizens of North Andover in this important Environmental Monitoring program. Please do not hesitate to contact me if there are any questions or if we can be of further help. Very truly yours, NIESSEN CONSULTANTS r Walter R. Niessen, P.E., B.C.E.E. President Page 8 of 8 Walter Roald Niessen Nationality United States Year of Birth 1938 Profession Chemical Engineer Specialization Waste management & associated air pollutant generation & control KEY QUALIFICATIONS Specialist in process analysis of waste management and associated air pollution systems with more than 50 years' experience with municipal, industrial, medical, biosolids and hazardous wastes. The technical content of the work has included all aspects of project development: problem definition, analysis of combustion and air pollution, energy recovery alternatives, environmental assessments, and procurement steps (requests for bid, bid review, contract negotiations), designing, construction, start-up and acceptance testing and troubleshooting for operating systems. He brings specialist experience in preparing pre -feasibility studies, feasibility studies, conceptual studies, strategies of waste management for local and national governments and industries, waste management plans and presenting seminars on waste management and related technology. EDUCATION AND PROFESSIONAL STATUS MSc in Chemical Engineering, Massachusetts Institute of Technology — Cambridge, Massachusetts, USA, 1961 BSc in Chemical Engineering, Massachusetts Institute of Technology — Cambridge, Massachusetts, USA, 1960 Registered Professional Engineer in Massachusetts (1971) and New Hampshire (1978) Board Certified Environmental Engineer by American Academy of Environmental Engineers in both Solid Waste and Air Pollution Control (1974) Member of Sigma A Research Honorary (1961) Member of Sigma A Research Honorary (1961) EMPLOYMENT RECORD 1999 - present NIESSEN CONSULTANTS S.P., Andover, MA, U.S.A. Owner and President Responsible for projects of municipal solid waste incineration, biosolids incineration and associated air emission control: feasibility studies, conceptual design, implementation strategy, plans, and due -diligence Experiences during the stage of designing or construction waste thermal treatment plants. 1976-1999 CAMP DRESSER S McKEE INC., Cambridge, MA, U.S.A. Senior Vice President, Manager, Waste Management Group Responsible for projects of municipal, industrial, hazardous, medical and biosolids waste management: pre -feasibility studies, feasibility studies, conceptual studies, strategy of waste management for local and national governments and industrial firms, technical advisory during the design and construction of installation of waste treatment; waste management plans; preparing and delivering seminars on waste management. 1973-1976 ROY. F. WESTON INC. West Chester, MA, U.S. A. Manager, Air Quality and Waste Management Group Responsible for projects of municipal, industrial, hazardous, medical and biosolids waste management: pre -feasibility studies, feasibility studies, conceptual studies, strategy of waste management for local and national governments and industrial firms; waste management plans; preparing and delivering seminars on waste management. 1972-1973 BOLT, BERANEK & NEWMAN INC. Cambridge, MA, U.S.A. Manager, Environmental Systems Group Responsible for business development and technical projects including environmental impact statements, incinerator combustion and air pollution control. 1964-1972 ARTHUR D. LITTLE INC. Cambridge, MA, U.S.A. Staff, Chemical Engineering Group Responsible for studies in energy and air pollution; project manager of major USEPA study on air pollution aspects of municipal waste incineration. Staff engineer in detailed design of advanced 450 ton/day municipal incineration system. 1961-1964 UNITED STATES AIR FORCE Edwards Air Force Base, CA, U.S.A. Project Officer for combustion and ignition of solid propellant rockets Responsible for development and monitoring of contract research and conducting in-house developmental research programs relating to solid rocket motor and propellant combustion and ignition. PROFESSIONAL EXPERIENCE Summary Mr. Niessen is a senior technical consultant engaged in assignments involving process analysis and feasibility studies, design, impact assessment, planning and startup, expert witness litigation testimony, and operations assistance. The subject matter varies widely but focuses on the management of biosolids and hazardous/non-hazardous solid, liquid and gaseous wastes and the associated air pollution problems (particulate, air toxics, NO, acid gases, odors, etc.) Mr. Niessen's role includes leadership and/or consulting on projects drawing on over 50 years of professional experience in applied combustion technology, air pollution control and solid waste management. He has written over 95 technical papers on these subjects, contributed chapters to several environmental engineering books and authored a definitive text on combustion and incineration technology "Combustion and Incineration Processes, Applications in Environmental Engineering" now in its 0' edition. Professional Experience Solid Waste Mr. Niessen has been involved in numerous municipal solid waste management planning studies and designs throughout his professional career. This work has been provided for a range of communities, from small jurisdictions such as Durham, NH; Logansport, IN; and Kokomo, IN through larger cities and regions such as the City of Chicago, the Connecticut Resources Recovery Authority (CRRA), the seven - county region around Baltimore, MD; Berkley Co., SC; New York City, NY; Durban, South Africa; Hillsborough, Pasco and Lee Counties in FL; Oakland County, MI; the Hackensack Meadowlands, NJ; Middlesex County, NJ; Erie -Niagara Counties and Oneida County, NY; and includes international assignments in Hong Kong, Barbados, Lebanon, Jamaica, Thailand, New Zealand, Mainland China and Taiwan. In these assignments, he analyzed a broad range of strategies using recycling, landfill, waste minimization, and resource recovery to develop balanced and workable solutions to the severe environmental, economic and technical challenges of waste management. His project WTE implementation efforts have included designs for Durham, NH and Windham, CT (both three, 36-tpd modular combustion units (MCUs); Hillsborough County, FL (1,200 tpd); Pasco Co., FL; Kent County, MI (650 tpd); Bristol, CT (650 tpd); New York Port Authority, NJ (2,500 tpd); Oakland County, MI (1,500 tpd); Lancaster County, PA (1,500 tpd); Onondaga County, NY (1,200 tpd); and North American Incinerator Inc. (450-tpd unit). He has also been involved in feasibility studies involving MCU systems (Green Bay and Sheboygan, WI; Kokomo, IN); larger, water wall combustion and gasification units (Middlesex County, NJ; Jacksonville, FL; Oakland County, MI; Chicago, IL; San Jose, CA;); sludge incineration in conventional and special design systems (Passaic Valley Sewerage Commission; Manchester, NH; Prince William County, VA; Detroit; New York City; Milwaukee); carbon regeneration (Niagara Falls, NY; Fitchburg, MA); hazardous waste incinerators for liquid, solid, and gaseous RCRA and CERCLA wastes; and specialized industrial waste systems (OII Landfill, Pueblo Army Post (chemical agents), Rocky Mountain Arsenal (pesticides), the Beijing Industrial Hazardous Waste Complex, General Motors, Polaroid, Ortho Pharmaceutical, GTE, Flambeau Paper, and the Genco hazardous waste incineration facility in Bangkok. For the Environmental Protection Department of Hong Kong, Mr. Niessen evaluated technical and economic issues for a 3,600 ton per day municipal solid waste resource recovery system. The project included aspects of waste sampling and analysis, sewage sludge -refuse co -disposal and advanced air pollution control options. He also worked in an assignment to evaluate incineration, gasification, drying and other options for sewage sludge, skimmings, grit, scum, grease trap wastes and other sidestreams generated in Hong Kong's wastewater treatment plants. He also participated as a technical specialist to Sembcorp LTD. in the development of invitation for bid (IFB) documents for a new, 575 tonne/day waste to energy facility serving Singapore. In a major assignment for Kepple Fels Inc. (Singapore), Mr. Niessen led in the process improvement and air pollution control for a new incineration technology for municipal solid waste in China. The design features of the technology were presented at the October 2000 environmental conference held in Dalian, China. In an assignment for the International Finance Corporation of the World Bank, Mr. Niessen provided the lead technical and economic analysis of alternative 300,000 ton/year waste -to -energy systems for metropolitan Durban, South Africa. Drawing on his experience in several power plant retrofit assignments, Mr. Niessen recommended that a local paper mill modify their spreader stoker -fired coal boiler to incorporate a fluid bed combustion system and upgrade air pollution control to minimize capital investment by Durban. He has carried out many detailed technical, environmental and economic evaluations of emerging new technologies for solid waste and/or sludge gasification, incineration and air pollution control systems for private investors, investor groups and potential owners/users of systems. The CRRA, with their interest in solid waste gasification technology was one such client. The technologies Mr. Niessen has evaluated in depth include: include: Technoloav Client Technology Coal Gasification Texaco Hydrosonics Scrubber Detroit Landgard (G/1 -SW) USEPA Woetschke (G/1 -SW) USEPA American Thennogen "Melt -Zit" (I -SW) USEPA Purox (G/1 -SW) USEPA Shirco (I -Sludge) Investor Group CPU400 (I -SW) USEPA ThermoSelect (G -SW) NREL, CRRA Torrax (G/1 -SW) Carborundum Co Koppleman Process (G/SW) Investor Group ThermoChem (G -SW) NREL Ionics SO2 Process (A) Tampa Electric Lantz Converter (GSW) USEPA British Gas/Lurgi (G -SW) CRRA Ecologenics (I -SW) Gulf & Western Battelle Fluid Bed (I -SW) NREL EcoRock (I -SW) USEPA Kubota (G/1 -Sludge) Passaic Valley Mobile Incinerator of New England (I -SW) Investor Group PryoMagnetics (I -SW) Ryder Systems Garrett Corp (G -SW) USEPA Clean Air Radicator (I -SW) Midland Ross Corp. Pedco (I -SW) NREL Ferro -Tech (I -SW) USEPA Wellman -Lord SO2 (A) Tampa Electric Takuma (G/1 -Sludge) Datona Beach FL Proler (I -SW) NREL Beijing DangDai (I -SW) Oppel Fels Ltd. Energy Products of Idaho (I-SW)NREL G=Gasification, 1= Incineration, SW = Solid Waste, A=Air Pollution Control, Sludge= Biological Sludge His work has included assessments of a number of unusual waste incineration challenges to include bio -hazardous waste (carcases contaminated with prions associated with bovine spongiform encephalopathy or "Mad Cow disease," and test animal cage waste); toxic military wastes (nerve gas and mustard gas, contaminated soils); munitions (off -specification or out-of-date cartridges and shells); explosives (e.g. benzoyl peroxide); and radioactive wastes (low-level wastes, contaminated soils). Mr. Niessen conducted a major study for the National Renewable Energy Laboratory (a laboratory of the U.S. Department of Energy) that provided a comprehensive overview of emerging municipal solid waste gasification and pyrolysis -based thermal processing technology. Mr. Niessen worked extensively in the conversion of stoker- and suspension -burning coal-fired boilers to bum prepared refuse. This work included in-depth consideration of the mating of fluid bed combustion chambers to existing boilers. Most frequently, the boilers were part of an existing electrical utility generating plant or paper mill boiler plant such that the energy conversion infrastructure (boiler water treatment, electrical generation, feedwater heating, deaerators etc.) was in place at no cost. Mr. Niessen's involvement in solid waste management has included landfill siting studies; review and participation in landfill designs, leachate control and treatment, and gas recovery and use studies and designs. This work has been conducted for several communities and regional authorities including Newark, DE; Oakland County, MI; Danbury, CT; Boston, MA; Partyka Resources; Air Products; Ogden Environmental Systems; and others. He recently worked with the Environmental Protection Agency of Taiwan in developing nationwide guidelines and standards for incinerator and landfill design and operation, and a system of large municipal incinerators and an incineration -based medical waste management system. He developed a landfill gas computer program. Air Pollution Control Mr. Niessen's experience in air pollution control includes a major study for the U.S. EPA on the air pollution aspects (emission rates, control technology) of municipal refuse incineration. His efforts encompass over 50 concept and detailed designs and studies assessing the control of air pollution from sewage collection and treatment systems, dryers and incinerators; sludge -refuse co -incineration systems; hazardous waste incinerators; municipal solid waste resource recovery systems; and process emissions from manufacturing operations. His professional work has involved extensive effort on the design, trouble -shooting, performance assessment and other aspects addressing the control of particulate, combustible pollutants (CO, air toxics, dioxin/furan compounds, volatile organic hydrocarbons (VOC's), "PICs," PAHs, etc.), heavy metals (mercury, lead, chromium etc.), acid gases (HCI, HF, SO2) as well as NOx and odor emissions. Use of process and/or combustion system modifications and controls as well as both conventional and innovative "back -end" abatement systems have been explored in detail. Control technologies studied have included a wide range of wet and dry scrubbers, compost filters, electrostatic precipitators, fabric filters, carbon absorption, and fume incinerators. Education B.S. - Chemical Engineering, Massachusetts Institute of Technology, 1960 M.S. - Chemical Engineering, Massachusetts Institute of Technology, 1961 Registration Honors Professional Engineer: Massachusetts (1971), New Hampshire (1978) Board Certified Environmental Engineer, American Academy of Environmental Engineers (in Air Pollution Control and in Solid Waste Management) Recipient of the Thermal Treatment Technologies Pioneer Award given to recognize outstanding leaders, sustained contributors, and dedicated researchers in the field of incineration and thermal treatment technologies throughout the world by the ASME/IT3 at the 27th Annual International Conference on Thermal Treatment Technologies, Montreal, Quebec, May 14, 2008 Trustee of American Society of Mechanical Engineers to the American Academy of Environmental Engineers (1999 - 2003) Designated as the 2010 Lawrence Lecturer by the Solid Waste Association of North America (SWANA) given at WasteCon 2010 held in Boston, MA August 15-17, 2010. The award is given to an individual recognized as a national/international leader and expert in solid waste management making substantial, significant and sustained contributions to research, publications and teaching. Lecturer (1982 -Present) Annual U.S. and European course "Incineration of Hazardous and non -Hazardous Waste" (Basic Theory and Solids and Sludge portions) held by the Center for Professional Advancement Appointed to NJ task force for New Jersey Institute of Technology Center of Excellence for Hazardous Waste Management Consultant to EPA on Combustion and Air Pollution Control Technology; He has also presented lectures to EPA regional offices on hazardous waste incineration, and to academic, professional, industrial and public sector groups on sludge incineration, industrial, and refinery waste management, and associated topics. Memberships American Institute of Chemical Engineers (Member since 1960) American Society of Mechanical Engineers (Solid Waste Division Member since 1969; Chairman of three Committees, Papers Chairman 1972 and 1994 ASME International Solid Waste Processing Conference); Member Energy, Environment and Waste Research Committee (2011) Air & Waste Management Association (Member since 1970) American Academy of Environmental Engineering (Board Certified in both Solid Waste Management and Air Pollution Control since 1974) Publications Mr. Niessen has over 95 professional publications including sole authorship of the incineration text "Combustion and Incineration Processes, Applications in Environmental Engineering," (4"' Edition 2010), and was contributing author to eight other solid waste or sludge management texts and references, and numerous papers on solid waste and biosolids combustion, incineration, air pollution and biosolids and solid waste management. "... contains a wealth of information ... has particular relevance to those dealing with environmental problems." — Environmental Engineering In our "throwaway" society, with landfills filled to capacity, interest in incineration - and conversion -based waste management technologies continues to grow. Increasing net waste generation rates within U.S. metropolitan centers, skyrock- eting transportation costs for waste hauling, and the enticement of increased electrical revenues from "green" power sources all amplify the need for better technologies. Written by an internationally renowned expert with fifty years of experience, Combustion and Incineration Processes: Applications in Environmental Engineering, Fourth Edition has been updated to reflect the latest advances in the field, keeping pace with the evolution of complex and interdisciplinary technology that can better the environment. Detailing the changes that have occurred since the previous editions appeared, this volume's expanded scope includes additional details, data, and graphics regarding the design and operational characteristics of municipal and industrial waste incineration and conversion and numerous refinements in associated pollution control. The book offers a thorough overview of: • Design, operation, and evaluation of incineration and conversion (gasification) systems for hazardous and non -hazardous gaseous, liquid, biosolid, and solid wastes • The waste management facility, from contaminant receipt and storage to stack discharge and dispersion • Breakthroughs in air pollution control • Waste and residue characteristics • Advances in materials handling, waste processing, refractory and materials engineering, combustion technology, and energy recovery to reduce and control toxins and pollutants in the environment Achievement of true Zero Waste, or the eradication of landfills, will likely require thermal processing to economically extract the ultimate useful value from waste residue after minimization, reuse, and recycling. The latest technical advances continue to evolve and attract increased attention, and this book provides the requisite technical education and guidance to those responsible for selection and procurement of these new systems Walter R. Niessen Niessen Consultants S.P., Andover, Massachusetts, USA � ��� ES • Covers developments in refuse gasification technology, low-temperature thermal processing methods for remediation of soil, and plasma processing • Includes discussions of ash removal and handling, waste processing, energy recovery, and process control • Explores design parameters and operating characteristics for a wide range of incineration systems • Discusses estimation equations and engineering correlations for system construction and computer-based process simulation • Provides numerous tables detailing the chemical and physical properties of wastes • Offers supplementary spreadsheets and Visual Basic programs C CRC Press Taylor & Francis Group See Table of Contents on reverse Catalog no. K10282, December 2009, c. 696 pp. ISBN: 978-1-4398-8503-9, $199.95 / £127.00 Y Introduction Stoichiometry Units and Fundamental Relationships Systems Analysis Material Balances Energy Balances Equilibrium Combustion Kinetics Selected Topics on Combustion Processes Gaseous Combustion Liquid Combustion Solid Combustion Waste Characterization General Solid Waste Biological Wastewater Sludge Combustion System Enclosures & Heat Recovery Enclosures Water Cooled Enclosures and Heat Recovery Systems Heat Transfer Slagging and Fouling Fluid Flow Consideration in Incinerator Applications Driven Flow Induced Flow Mixing and Residence Time Materials Preparation & Handling Solid Wastes Other Specialized Handling Operations Biosolids Handling Incineration Systems for Municipal Solid Wastes Performance Objectives Site Design Considerations Collection and Delivery of Refuse Refuse Handling and Storage Size Control and Salvage Incinerator Feed Systems Grates and Hearths Incinerator Furnace Enclosures Energy Recovery and Energy Markets Combustion Air Ash Removal and Handling Flue Gas Conditioning Environmental Pollution Control Induced Draft Fan Incinerator Stacks Refuse Derived Fuel Systems Instrumentation and Control Operations Other Incineration Systems Incineration Systems for Sludge Wastes Multiple Hearth Furnace (MHF) Systems Fluid Bed Slagging Combustion Systems for Biological Sludge Incineration Systems for Liquid and Gaseous Wastes Liquid Waste Incinerators Incinerators for Gases (Afterburners) Operations and Safety Incineration Systems for Hazardous Wastes General Rotary Kiln Systems Circulating Fluid Bed Thermal Desorption Plasma Technology Conversion Technology for Solid Wastes Introduction Gasification Technology Processes Conversion Technology Product Streams Conversion Technology Examples Air Pollution Aspects of Incineration Processes Air Pollutants from Combustion Processes Air Toxics Air Pollution Control for Incineration Systems Equipment Options for Incinerator Air Pollution Control Control Strategies for Incinerator Air Pollution Control Approaches to Incinerator Selection and Design General System Selection for Developing Technologies FREE SHIPPING ON �1LL ORDERS when you ORDER ONLINE at WWW.CRCPRESS.COM Ordering Information: Orders must be prepaid or accompanied by a purchase order. 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In the Americas: CRC PRESS PO Box 409267 Atlanta, GA 30384-9267 Tel: 1-800-634-7064 Fax: 1-800-248-4724 From Outside the Continental U.S. Tel: 1-561-994-0555 Fax: 1-561-361-6018 e-mail: ................................................. E -Mail Address .... ........ ................ Rest of the World: CRC PRESS / BOOKPOINT 130 Milton Park Abingdon, Oxon, 0X14 4SB, UK Tel: +44 (0)1235 400 524 Fax: +44 (0) 1 235 400 525 e-mail: (UK): uk.trade@tandf.co.uk (Int'I): international@tandf.co.uk GARP– RATF1 CRC PRESS 6000 Broken Sound Parkway, NW, Suite 300 Boca Raton, FL 33487, USA Tel: 1-800-272-7737 Fax: 1-800-374-3401 From Outside the Continental U.S. Tel: 1-561-994-0555 Fax: 1-561-361-6018 e-mail: CRC PRESS UK Albert House, 4th floor 1 - 4 Singer Street London EC2A 4B0 UK Tel: 44 (0) 20 7017 6000 Fax: 44 (0) 20 7017 6747 e-mail: enquiries@crcpress.com CHRISTINE L. RIOUX, Ph.D., M.S. 71 Clewley Road Medford, Massachusetts 02155 781-395-4173 (home), 781-724-5603 (cell), ChristineRioux@aol.com SUMMARY Interdisciplinary environmental expert with research, teaching and consulting expertise in a broad range of scientific, engineering and regulatory areas including: ❑ Health risk assessment/risk analysis ❑ Environmental and occupational health ❑ Community-based research ❑ Traffic and air pollution ❑ Epidemiology/biostatistics ❑ Geographic information systems ❑ Risk communication ❑ Toxicology PROFESSIONAL EXPERIENCE Tufts University, Boston/Medford MA. Research Assistant Professor (2010- present) ❑ Instructor for Epidemiology/Biostatistics (medical students) ❑ Instructor for Occupational and Environmental Health (graduate students) ❑ Instructor for Public Health Engineering (undergraduate students) ❑ Co -investigator on National Heart, Lung, Blood Institute study of health impacts of traffic -related air pollution in Boston, Lowell, and Lawrence, MA. ❑ Community education leader for National Institute of Environmental Health Sciences study in Somerville, Chinatown, and Dorchester MA. of health impacts of traffic -related pollution. ❑ Technical lead for Risk Analysis training - USAID RESPOND Project in Central Africa ❑ Faculty mentor, education and outreach specialist for UMass/Tufts Health Careers Opportunity Program. Brown University, Providence, RI, Fall 2007 Instructor - Environmental Health and Policy Massachusetts Biotechnology Council, Cambridge, MA, 2002 - 2003 Senior Project Manager ❑ Led 25+ stakeholders from industry, academia, government and community organizations in development of model biotechnology training program for diverse workforce at Roxbury and Middlesex Community colleges. ❑ Oversaw development of 160 -hour long curriculum with hands-on training in biomanufacturing processes and produced two successful month-long intensive trainings for entry-level employees from four biotechnology companies. 0 Facilitated eight executive and technical committees and presented skill trainings at the colleges. Camp Dresser & McKee, Inc., Cambridge, MA, 1990 - 2002 Senior Environmental Scientist, Project Manager, Licensed Site Professional Selected Accomplishments: ❑ Directed complex and innovative health risk and environmental assessments for public and private sector clients in over 20 states and abroad including the first risk assessments used in regulatory decision-making in six states. ❑ Directed several air pathway risk assessments throughout the country involving emissions and dispersion modeling and characterization of risks associated with heavy metals, dioxin, semi -volatile and volatile organic compounds. ❑ Developed risk-based air monitoring strategies and action limits for the protection of workers and public health and managed extensive public involvement and risk communication efforts associated with assessments. ❑ Led risk assessment and extensive public involvement activities associated with dioxin and lead contamination at a former town incinerator located in a predominantly residential area in Brookline, MA. ❑ Led negotiations on behalf of clients to assess and manage risks at numerous water -systems, landfills, incinerators, Brownfield sites, USEPA "mega -sites, the Central Artery/Third Harbor Tunnel project, transit authorities, airports, and all manner of hazardous waste sites. ❑ Designed countrywide framework, technical background documents, guidance documents and multi -pathway risk-based remediation goals for soil, groundwater and air implemented by the Hong Kong Environmental Protection Department. ❑ Prepared successful proposals for international and domestic clients across several technical areas. ❑ Led company -wide risk assessment quality review process. ❑ Managed, trained, reviewed and hired staff. ❑ Received ratings of exceeded or highly exceeded expectations from over 90 percent of clients. Massachusetts Department of Environmental Protection, Boston, MA, 1987 - 1990 Environmental Scientist Science Applications International Corporation, McLean, VA, 1983 - 1986 Environmental Scientist EDUCATION Ph.D. - Interdisciplinary Doctorate inclusive of Environmental Health and Engineering, Biology, and Public Health, Tufts University, Medford, MA, 2009 M.S. - Environmental Health and Engineering, Tufts University, Medford, MA, 1988 B.S. - Environmental Resource Economics, University of Massachusetts, Amherst, 1982 PUBLICATIONS Rioux CL, Tucker K, Brugge D, Gute DM, Mwamburi M. 2011. Traffic exposure in a population with high prevalence Type 2 diabetes — do medications influence concentrations of C-reactive protein? Environmental Pollution. doi:10.1016/j.envpol.2010.12.025 Rioux CL, Tucker K, Mwamburi M, Gute DM, Cohen, SA, Brugge D. 2010. Residential traffic exposure, pulse pressure and C-reactive protein: Consistency and contrast among exposure characterization methods. Environmental Health Perspectives. 1.1.8 (6), pp. 803-811. Rioux CL, Gute DM, Brugge D, Peterson S, Parmenter B. 2010. Characterizing urban traffic exposures using transportation planning tools: An illustrated methodology for health researchers. Journal of Urban Health. 87 (2), pp. 167-188. Rioux, CL. 2009. Ph.D. Dissertation: Residential traffic exposure, inflammation and blood pressure in older adults in greater Boston, Massachusetts. (April, 2009). A cross-sectional study of 1020 people over age 45 years using transportation planning tools, geographic information systems (GIS) and spatial epidemiology to assess the cardiovascular health impacts of residing less than 200 meters from major roads and in areas of high traffic density. Found novel adverse associations and interactions with implications for vulnerable populations. Rioux, C. 2007. Childhood Environmental Health. In Early Childhood Education — An International Encyclopedia. Greenwood Publishing Group. Brugge D, Durant J, Rioux C. 2007. Near -highway exposure to motor vehicle pollutants: Emerging evidence of cardiac and pulmonary health risks. Environmental Health. Vol 6. No 23. Brugge D, Lee AC, Woodin M, Rioux C. 2007. Native and foreign born as predictors of pediatric asthma in an Asian immigrant population: A cross sectional survey. Environmental Health. Vol 6. Article No. 13. Brugge D, Rioux C, Groover T, Peters J, Kosheleva A, Levy, J. 2007. Dust mites: Using data from an intervention study to suggest future research needs and directions. Reviews on Environmental Health. Vol. 22. No. 3. Rioux, CL. 2007. Guidance manual for use of risk-based remediation goals for contaminated land management. Prepared for the Environmental Protection Department of the Government of Hong Kong - Special Administrative Region. Contracted through CDM International. Hong Kong. littp://www.epd.gov.iik/epd/engl ish/env ironmentinhk/waste/gu ide_ref/fi les/gme.pdf. CONFERENCE PROCEEDINGS AND ABSTRACTS Rioux, CL, Tucker KL, Cohen SA, Mwamburi, M, Brugge D. 2011. A longitudinal assessment of residential traffic exposure, inflammation and bloodpressure in older Puerto Rican adults in the greater Boston area. Poster Presentation at the Centers for Population Health and Health Disparities conference. Chicago, MA. June 28-30, 2011. Rioux, CL, Gute DM, Brugge D, Peterson S, Parmenter B. 2010. Transportation Planning Tools for Public Health Scientists. Oral presentation at Urban Environmental Pollution Conference. Boston, MA. June 2010. Rioux CL, Parmenter B, Gute DM, Brugge D, Tucker KL. 2008. Traffic burden, blood pressure and inflammation in older Puerto Rican adults in Boston, Lawrence and Chelsea, MA. Poster presentation at the Joint ISEEASEA conference. Pasadena, CA. October 12-16, 2008. Brugge D, Rioux C, Kosheleva A. 2006. Role of dust mites as part of bundled pediatric asthma interventions. International Society for Environmental Epidemiology & Exposure. Paris, France, September 2006. Lyman, W, Rioux CL, Lei P, Tsing M, Chau A. 2000. Risk -Based Correction Action Framework for Contaminated Land Management in Hong Kong. International Conference on Hazardous Waste and Remediation. Hong Kong. December, 2000. Rioux CL. 1996. Tracing the Source of PAHs in Soil and Sediment. Poster Presentation at the l Ith Annual Conference on Contaminated Soils. University of Massachusetts, Amherst, Massachusetts. October 21-24, 1996. Rioux, CL. 1996. Development of Risk -Based Soil Alert Levels for the Central Artery/Third Harbor Tunnel Project, Boston, MA. Paper and presentation at the Air and Waste Management Association 87th Annual Meeting and Exhibition. Cincinnati, Ohio. June 24, 1996. McConnell, S, d'Costa, J, Nadebaum P, Rioux CL. 1994. Key Issues in the Assessment of Human Health Risk. Melbourne, Australia. A paper and presentation at the 2nd Annual National Hazardous and Solid Waste Conference. Melbourne, Australia. INVITED PRESENTATIONS/LECTURES Invited presentation titled "Environmental health disparities, what should policy makers know?" Presentation at Massachusetts State House, February 9, 2012. Invited presentation titled "Race, Place and Health". Presentation at Museum of Science, January 17, 2011. Podcast available at: http://tuftsctsi.org/Library/Podcasts.aspx "Tufts Researchers Discuss Race, Place and Health." Designer and Organizer for Museum of Science Exhibit titled "Traffic Pollution and Health — Who is most Vulnerable?" January 17, 2011. Invited Science Expert - Massachusetts House Bill No. 808 — An Act Reducing Human Exposure to Particulate Matter. December 2009. Invited Science Expert -Massachusetts House Bill No. 2227 —An Act Relative to Reporting on Health Effects of Particulate Matter. July 2007. Guest lecture titled "Gene -Environment Interactions." Environmental and Occupational Health class, Tufts University, Boston, MA., April 2006 and 2008. Guest lecture titled "Environmental Consulting and Academia - an Interdisciplinary Approach." Clark University, Worcester, MA.,February, 2009. Guest lecture titled "Traffic, air pollution and human health." Occupational and Environmental Health - Focus on the Built Environment class, Tufts University. July, 2009. Guest lecture titled "Who is most vulnerable to environmental stressors?" Environment and Film Class. Emerson College. Boston, MA. March 2010. MEUKE DEGREGORIO P.O. Box 690428 • Quincy, Massachusetts 02269 • (617) 842-3010 • meldegregorio@greenupconsultants.com www. rg eenupconsultants.com SUMMARY OF QUALIFICATIONS Conceptual, resourceful Six Sigma Green Belt, Environmental, Health & Safety (EHS) Principal Consultant (with a Master's Degree in Chemical Engineering) skilled at developing cost -reduction strategies with an extensive background in engineering, including cable manufacturing, food manufacturing, semiconductor processes, and air pollution control equipment. RABQSA certified EMS Lead Auditor. • Conducts third party ISO 14001 and OHSAS 18001 management systems audits on behalf of certification bodies • Specializes in EHS Multimedia Regulatory Compliance and EHS Management Systems (ISO 14001 & OHSAS 1800 1) Audits for Industrial, Commercial and Government Entities • Evaluates efficiency of the existing EHS programs, creates new EHS programs and advises clients on cost- effective modifications and improvements to bring them in line with Federal, State and Local EHS Regulations • Excellent team building skills • Strong training skills • Strong project management skills • Fluent in French and Turkish • Outstanding communication, organizational, and interpersonal skills • Combines Industrial, Regulatory and Consultancy experience in multiple U.S. States with extensive EHS Regulatory and Environmental Management Systems knowledge • Facilitates communication among various internal and external groups including regulatory authorities to ensure accurate EHS reporting, permitting and effective functioning of EHS programs and management systems for clients • Utilizes extensive EHS knowledge & comprehensive multi -state regulatory & industrial EHS experience to identify innovative and individualized ways to reduce or eliminate various manufacturing & operation related costs, and guides clients to lead more environmentally sustainable business activities while bringing them into compliance with all applicable laws and regulations • Demonstrates advanced computer proficiency PROFESSIONAL EXPERIENCE GreenUp Consultants, LLC, Quincy, MA December 26, 2008 -Present Founder/Principal Consultant • Provided guidance towards achieving full compliance to Industrial and Government Clients on different Federal and State Acts including Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Emergency Planning and Community -Right -to -Know Act (EPCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Toxic Use Reduction Act of MA (TURA), Occupational Safety and Health Administration (OSHA) • Conducted third party EHS Management Systems, ISO 14001, OHSAS 18001 certification audits for Registrars • Completed numerous multimedia EHS projects including Stormwater Plans and Permits, Spill Plans, Air Emission Calculations & Permit Applications, Hazardous Waste Management and Audits, Tier II, TRI and TURA Environmental Reporting Projects • Conducted Management Team and Employee EHS Training • Created fully functional and customized EHS programs for Industrial and Government Clients • Conducted EHS Regulatory Compliance and ISO 14001 Audits for Industrial and Government Clients • Obtained a 100% repeat client rate Evil Eye Gift Shop Online Jewelry Import and Sales (www.evileyeaiftshop.com), Quincy, MA June 5,2005-2008 Owner • Created, designed and operated an online jewelry, home decor and crafts website • Imported merchandise from Turkey and sold worldwide • Achieved the highest Merchant Level in Yahoo Shopping Network based on customer feedback for service, delivery and quality • Provided excellent customer service to domestic and international customers • Created a customer network in 33 US States, 2 US Territories and 11 countries MELIKE DEGREGORIO Page 2 AFC Cable Systems, Inc., a Tyco International Company, New Bedford, MA April 18, 2006 -August 18, 2007 Corporate Environmental, Health and Safety Manager (Internal Corporate EHS Consultant) • Managed, created & implemented all environmental programs for 8 plants and 2 warehouses located in MA, OH, CA, FL, NJ and Ontario, Canada and prepared them for the Tyco Corporate EHS audits • Conducted Corporate Internal Regulatory and Management Systems Review EHS audits based on ISO 14001 & OHSAS 18001 audit protocols at all AFC facilities • Assisted Tyco corporate in their EHS audits to different divisions • Led sites to all time high Tyco Environmental audit scores • Trained the plant employees on multiple environmental programs • Assured compliance with all applicable Federal, State, Local & Corporate Regulatory Requirements, and maintained Environmental Management Systems for each facility • Lead sites to ISO 14001 & OHSAS 18001 Certifications • Saved the company over $80,000 on environmental projects and consultant fees • Developed EHS teams at different manufacturing sites • Handled all regulatory communication, and developed productive working relationships with regulatory agencies • Managed multiple environmental projects such as soil remediation, site clean-up, stormwater and spill plans for different AFC sites Pennsylvania Department of Environmental Protection, Williamsport, Pennsylvania 2004-2005 Air Pollution Control Engineer • Conducted engineering reviews of state -only plan approvals and Title V operating permit applications in addition to issuing air permits; confirmed compliance with NSR and PSD regulatory requirements • Studied processes, air pollution potential, and control equipment, conducting research and collecting information to evaluate effectiveness of control equipment • Performed site checks to determine if control equipment was functioning properly and made recommendations for nonconforming machines to bring them up to regulation • Reviewed monitoring and recordkeeping procedures to ensure compliance with all applicable state and federal regulations • Isolated air contamination sources and air cleaning devices in various industries • Generated technical deficiency letters, application review memos, and state bulletin abstracts for all Title V plan approvals and operating pen -nits Frito-Lay, Inc., Williamsport, Pennsylvania 2003-2004 Production Manaeer/Environmental Coordinator • Led team of 12 tasked with delivering cost, quality, service, and safety development goals aimed at decreasing costs, eliminating waste, and improving processes • Managed environmental and regulatory programs and permit requirements, coordinated team functions, and conducted environmental training programs • Guided staff in solving day-to-day operational issues, coaching them to devise solutions for mechanical issues, reduce downtime, and work with maintenance department to handle breakdowns • Held team meetings and one-on-one sessions that improved communications; provided training and initiated competitive performance incentives • Administered policies and practices in addition to enforcing performance discipline measures • Initiated and implemented process improvements and projects Foster Wheeler, Inc., Clinton, New Jersey 2001-2002 Power Plant Process and Performance Engineer • Conceptualized and functionally designed burner -fired, fluidized bed process steam generators and associated auxiliary systems and equipment following environmental/regulatory permit requirements • Calculated detailed proposals and contract processes in order to create cost-effective designs while adhering to customer specifications; included thermal, hydraulic, and operational design engineering • Prepared performance, summary, and informational documents as specific to steam generators, entire systems, and auxiliary equipment • Evaluated drawings, requisitions, instructional manuals & specifications, comparing original documents to new sketches to ensure accuracy; validated engineering computer programs using project samples to test performance MELIKE DEGREGORIO Page 3 Techarmonic, Inc., San Jose, California 2001 Applications/Environmental Engineer • Ensured permit requirements for hazardous materials business plans, wastewater discharge permitting, on-site treatment (tiered), and air quality were strictly fulfilled • Oversaw construction of acid waste water neutralization system by contractor and supervised installation procedures of unit and other environmental health and safety requirements for company • Modified and strengthened applications for air pollution control equipment used in semiconductor industry, observed manufacturing processes and researched methods for improving efficiency for clients • Provided design -based solutions to meet customers' air compliance needs and supported efforts of technical sales group; wrote new safety sheets for gases • Conducted research and development on abatement of toxic chemicals (using FTIR) produced in fabs, including CVD, Etch, and Ion Implant • Served as liaison between technical sales/support and customers, coordinating communication with client executive team and company staff; assisted field technicians with troubleshooting machine failures Engelhard Corporation/University of South Alabama, Mobile, Alabama 2000-2001 Research Assistant • Analyzed and gathered single component adsorption isotherm data using McBain Bakr balance, testing adsorbance capacity of specific molecular sieves for required gases • Synthesized and sampled data for different molecular sieves such as ETS-10 and other forms of zeolites • Performed pilot plant tests and bed analysis for finding breakthrough times using a gas chromatograph (GC) for gas separation in Claus process EDUCATION Completed two semesters of coursework toward Ph.D. in Environmental Engineering, Lehigh University 2002-2003 Bethlehem, Pennsylvania M.S., Chemical Engineering, University of South Alabama, Mobile, Alabama 2000 G.P.A.: 3.5/4.0 B.S., Chemical Engineering, Istanbul Technical University, Istanbul, Turkey 1998 Publication, "Desalination of Water" TRAINING & CERTIFICATION Greenhouse Gas Emission Verification using ISO 14064 ISO 14001 Lead Auditor Course OHSAS 18001 Requirements Six Sigma Green Belt Toxic Use Reduction (TUR) General Planner Certification Resource Conservation and Recovery Act (RCRA) EPA Emergency Planning Community Right to Know Act (EPCRA Tier II and Toxic Release Inventory) Environmental Health & Safety Management System Review OSHA Hazards Communication & Ergonomics OSHA Principles of Occupational Health and Safety (POSH) Air Pollution Control Orientation Advanced Nitrogen Oxide Emissions Control (EPA) Continuous Improvement (CI) Basics American Institute of Bakeries (AIB) Audit Environmental Coordinator Air Information Management System (AIMS) Environment Facility Application Compliance Tracking System (EFACTS) Time Management Professional Ethics Team Assessment and Development Effective Business Writing Personalities in the Workplace (Myers -Briggs Type Indicator) Managing Inclusion and Diversity I and II TOWN OF NORTH ANDOVER INVITATION FOR BIDS ENVIRONMENTAL MONITORING WHEELABRATOR - NORTH ANDOVER February 28, 2012 Contact Ray Santilli Assistant Town Manager Address 120 Main Street North Andover, MA 01845 Telephone Number: 978-688-9516 Fax Number: 978-688-9556 Email rsantilli@townofnorthandover.com Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposed Modifications .............. 4 4. Minimum Requirements ............................................. 5 5. General Background ................................................ 5 6. Scope of Services...................................................... 6 7. Evaluation of Bids .................................................. 8 8. Term of Contract ................................................... 9 Appendix A — Price Proposal ........................................ 10 Standard Town of North Andover Contract With Supplement "S" ............................................. 11 Certifications........................................................... 23 Town of North Andover IFB Page 2 of 24 Environmental Monitoring 1. Introduction The Town of North Andover is soliciting bids from qualified professional environmental consulting firms to continue the execution of a plan to monitor and evaluate various aspects of the Wheelabrator — North Andover (WNA) facility and its operations. Qualified companies are requested to submit bids to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. The Town of North Andover is seeking to award a one-year contract for the period of April 1, 2012 through March 31, 2013 with two (2) additional one-year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. The maximum available budget for this contract is $25,000 per year. Notice of this IFB is published in the Goods and Services Bulletin, which is a weekly publication of the Office of the Secretary of the Commonwealth, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Available Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, March 22, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 The Town of North Andover may cancel this IFS or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Environmental Monitoring" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the Town of North Andover's best interest to do so. Town of North Andover IFB Page 3 of 24 Environmental Monitoring Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the Assistant Town Manager's office by Thursday, March 22, 2012 at 2:00 p.m. All outer envelopes must be labeled "Environmental Monitoring" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Ray Santilli, Assistant Town Manager, 120 Main Street North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/inquiries must be received by 4:30 p.m. on Tuesday, March 13, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townof iorthandover.com) in "Available Bids, Quotes and Proposals" by Thursday, March 15, 2012 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "Available Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this IFB has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this IFB. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Town of North Andover IFB Page 4 of 24 Environmental Monitoring Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Minimum Requirements Each bidder must demonstrate that it meets the following minimum requirements: A. Company must demonstrate a minimum of five (5) years experience in the environmental monitoring field with areas of expertise in solid waste plants, air quality, and health assessment/risk analysis. B. Company shall submit a complete list of all similar contracts performed in the past two (2) years with contact names and telephone numbers. C. The company shall furnish all labor, equipment, and vehicles as required for work in accordance with the scope of services. D. Price shall remain firm for the initial one-year period of the contract. E. Submission of required statements and forms. 5. General Background The Wheelabrator — North Andover (WNA) facility is located on 14.6 acres of land in an I-2 industrially zoned area on Holt Road, which is off Route 125. It has the capacity to incinerate up to 1500 tons per day of municipal solid waste. In 1998 to comply with the 1997 Amendments to the Clean Air Act of 1990 and 310 CMR 7.08(2), a design for an Emissions Control Plan was developed to replace existing ESP's and dry sorbent injection systems with new air emissions control equipment consisting of spray dryer absorbers, fabric filters, selective non -catalytic reduction systems, powdered activated carbon injection systems and natural gas-fired auxiliary burners. The Health Department must to respond to concerns of Town officials and citizens regarding the environmental and health impacts of the incinerator and to continually confirm that the WNA Town of North Andover IFB Page 5 of 24 Environmental Monitoring facility is being operated in compliance with all applicable environmental regulatory laws. A plan to gather data, determine specific types of data required, and report to interested citizens has been successfully implemented over the past eleven years. Modifications to the monitoring plan may occur on a year to year basis. This program requires expert technical staff that will scrutinize the facility as proposed in the monitoring program and to produce objective, measurable data to support all reports and assist the Health Department. 6. Scope of Services All report data is expected to be interpreted in a manner that is clear and understandable for lay people. This data will include reports made to DEP, quarterly reports made to the Town, continuous emissions monitoring data; and information on whether the facility is being operated properly. Particularly important is how any particular emission in excess of regulatory limits may impact health. The program and the surveillance services will allow the Board of Health to be current on all those conditions involved in the proper operation of the waste handling facility so as to be better able to respond appropriately to citizens' concerns. As part of an on-going monitoring plan for the Wheelabrator North Andover Inc. (WNA) facility, the consultant will utilize a variety of different methods for the Town to ensure compliance and proper operation of the facility. Different aspects of the monitoring plan are presented in order of decreasing frequency of monitoring. A. Nine (9) Month Monitoring 1) Witness Testing — WNA is required to conduct stack testing for emissions on a quarterly basis. Every quarter, the facility tests for mercury] and for dioxins/furans (generally abbreviated as PCDD/PCDF)2. Every nine months, this quarterly testing program is expanded to also include additional metals, namely cadmium and lead 2; visual and fugitive emissions, namely opacity and fugitive emissions 4; ash collections; and particulate matter? (PM), hydrogen chloride? (HCl) and ammonia (NH3).6 As part of these testing programs, the stack testing firm also monitors the oxygen (02) and carbon dioxide (CO2)7 concentrations, gas stream moisture content$, and volumetric flow rate9. The consultant will witness the 9 -month tests. The project budget is not adequate for observing every test; since stack tests for hazardous air pollutants are usually conducted in triplicate, the consultant is to generally witness only the first test, in order to check the setup and methodologies in use. 'Using EPA Method 29 2 Using EPA Method 23 3 Using EPA Method 9 4 Using EPA Method 22 5 Using Arthur D. Little Method S007 G Using EPA Method 26A 7 Using EPA Method 3 8 Using EPA Method 4 9 Using EPA Methods 1 and 2 Town of North Andover IFB Page 6 of 24 Environmental Monitoring 2) Review On -Site Records — WNA's CEM's record NO,,, SO2, and CO emissions, opacity, and operating parameters such as carbon feed, fabric filter inlet temperature and steam load. The facility's permit also requires that records of these data be kept on-site; these data will be reviewed on-site when the consultant is on-site to witness the stack testing. 3) Review Dispersion Modeling — As part of the facility's major testing program every nine months, "A conducts an air quality analysis using dispersion modeling to assess the ambient impact of emissions, using actual stack test data. The stack parameters are modeled using a unit emission rate (1 gram/second), which is then scaled by the actual pollutant emission rates determined during testing. The consultant will obtain the model input files, checks the dispersion modeling for appropriateness of methods and for accuracy of results, and compare the results to the appropriate standards. Air quality standards for toxic substances (AAL's and TEL's) have been developed by the Department of Environmental Protection's Office of Research and Standards. Modeled air quality concentrations are then compared to the AAL (Allowable Ambient Limit in air), an annual standard, and the TEL (Threshold Effects Level in air), a 24-hour standard. B. Annual Based Monitoring 1) DEP file review — The consultant will conduct a Department of Environmental Protection (DEP) file review to check data and reporting related to the facility, and confirm facility compliance. 2) WNA web page review of the previous year to ensure that the monthly emission results are being documented as required by the "Site Plan Approval/Special Permit, item 2 sec (a)(b)". 3) Assure adherence to the Standards for Qualification and Certification of Resource Recovery Facility Operators (ASME QRO-1-1992). These standards set forth the qualifications for the chief facility operator and the shift supervisors, with a major focus on health and safety, at the facility. Consultant will verify qualifications of current staff. 4) Assure adherence to Massachusetts Public Safety Department's license requirements, as noted in Massachusetts Chapter 146, for firemen and engineers. Consultant will verify qualifications of current staff. 5) Consult with the facility and OSHA on any lost time accidents or fatalities 6) Review any reports generated by the Wheelabrator independent environmental auditor and document significant environmental issues noted by the auditor at the North Andover facility. Town of North Andover IFB Page 7 of 24 Environmental Monitoring Note: In 2011, there was a settlement between Attorney General's Office, the Mass DEP, and Wheelabrator for alleged environmental violations at three of Wheelabrator's waste - to -energy facility, including the North Andover facility. In this settlement "Wheelabrator must immediately hire an independent environmental auditor to monitor the company's compliance within environmental regulations". C. Reporting The results of the monitoring program will be made available to the Health Department, Board of Health, and the public on an annual basis. The results of the on-going monitoring program will be made available to the Health Department and Board of Health in the form of an annual report, which will be submitted by June 15th of the following year. This report will provide a general picture of facility compliance, based on witnessing the stack testing and compiling facility data, such as the tables and graphs of emissions testing results, and reviewing emission results from the WNA web page. Furthermore, the following noted items must be discussed in this report: • Adherence to ASME QRO-1- 1992 • Adherence to Public Safety Department's license requirement • Consultation with the facility manager and OSHA on any lost time accidents or fatalities • Review of available reports generated by Wheelabrator's independent environmental auditor It is anticipated that the report to the Health Department and Board of Health will be more detailed and technical than a second report that the consultant will prepare for "interested parties" but there is expected to be a good deal of overlap between the reports. The report for the public ("interested parties") is to be less technical, and should include introductory general information on the WNA facility, including information on the pollution control devices and the CEM's, levels of air quality emissions, compliance with regulations, incidents of excessive emissions, and general facility operation. 7. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the price for the services delivered in the first year only by each responsive and responsible bidder will be taken into consideration. The Town is required to award the contract to the lowest responsive and responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and Town of North Andover IFB Page 8 of 24 Environmental Monitoring scope of services set forth in the purchase description including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. ■ Responsibility Bidders must demonstrate that they meet measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Scope of Services. The Town may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The Town of North Andover will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFB. Additionally the Town of North Andover will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. The Town of North Andover is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. 8. Term of Contract The Town of North Andover is seeking to award a one-year contract with two (2) additional one- year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Town of North Andover IFB Page 9 of 24 Environmental Monitoring APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible and responsive bidder offering the lowest price for the first year of the proposed contract. All prices are to remain firm for the duration of the Contract. April 1, 2012 through March 31, 2013 Environmental Monitoring per Scope of Services April 1, 2013 through March 31, 2014 Environmental Monitoring per Scope of Services April 1, 2014 through March 31, 2015 Environmental Monitoring per Scope of Services Addenda Business Name Business Address Business Phone are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person TOTAL $ TOTAL $ TOTAL $ Town of North Andover IFB Page 10 of 24 Environmental Monitoring Town of North Andover CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover IFB Page 11 of 24 Environmental Monitoring 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. Town of North Andover IFB Page 12 of 24 Environmental Monitoring 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall Town of North Andover IFB Page 13 of 24 Environmental Monitoring have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall Town of North Andover IFB Page 14 of 24 Environmental Monitoring protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Ass�i nment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other Town of North Andover IFB Page 15 of 24 Environmental Monitoring instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this -Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. Town of North Andover IFB Page 16 of 24 Environmental Monitoring The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeepiin At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover IFB Page 17 of 24 Environmental Monitoring 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Town of North Andover IFB Page 18 of 24 Environmental Monitoring 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ X] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 19 of 24 Environmental Monitoring IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager Date APPROVED AS TO FORM: Town Counsel Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFB Environmental Monitoring Date Date Page 20 of 24 SUPPLEMENT "S" This form supplements the general provisions of the Contract between the Town of North Andover, and which Contract is a contract for the procurement of services. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. Chante Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 3013, §13. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less Town of North Andover IFB Page 21 of 24 Environmental Monitoring than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO Town Accountant Date: Town Manager Department/Division Head THE CONTRACTOR: Town of North Andover IFB Page 22 of 24 Environmental Monitoring CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Date Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I , authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Town of North Andover IFB Environmental Monitoring Date Page 23 of 24 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover IFB Page 24 of 24 Environmental Monitoring Santilli, Ray From: REGS@sec. state. ma. us Sent: Thursday, February 16, 2012 1:14 PM To: Santilli, Ray Subject: Publish Date Assigned to Goods and Services A publish date of 2/27/12 has been assigned to your Goods and Services submission with description of. The Town is seeking the services of a professional environmental consulting firm to continue the execution of a plan to monitor and evaluate various aspects of the Wheelabrator North Andover, Inc. facility and its operations. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htrn. Please consider the environment before printing this email. SPR Goods and Services Submit Confirmation State Publications and Regulations William Francis Galvin Secretary of the Commonwealth Page 1 of 2 The following Goods and Services submission was successfully received. Planned date of publish is 2/27/2012 Awarding Agency Agency Name Town of North Andover 120 Main Street North and Address: Andover, MA 01845 Bid Number: Name: Contact Information Ra Santilli Title: Assistant Town Manager Phone: —� 978-688-9516 Fax 978-688-9556 Email Address: rsantilli(��townofnorthandover com Address: Notify email address listed when final publish date assigned (if different from above) Description Town is seeking the services of a professional environmental consulting firm to continue the execution of a plan to monitor and evaluate various aspects of the Wheelabrator North Andover Inc facility and its operations Estimated Rate Contract Information —� Duration Bid Release Date �=02�/28/2�012 Release 11:00 a.m. Bid Deadline Date Time 03/22/2012 Deadline 2:00 D.M. Additional Time The complete Invitation for Bids document will be Information available at www.townofnorthandover.com by clicking on 'Available BidsQuotes and Proposals' This page can be printed for your records. http://www. sec. state.ma.us/sprpublicforms/GS SubmitConfirmation.aspx?ID=51501 2/16/2012 1. Introduction The Town of North Andover (`Town') , acting through the Board of Health, is soliciting Request for Proposals (RFP) for professional environmental consulting firm to continue the execution of a plan to monitor and evaluate various aspects of the Wheelabrator North Andover Inc. (WNA) facility and its operations. It is located on 14.6 acres of land in an I-2 industrially zoned area on Holt Road, which is off Rt. 125. It has the capacity to incinerate up to 1500 tons per day of municipal solid waste. In 1998 to comply with the 1997 Amendments to the Clean Air Act of 1990 and 310 CMR 7.08(2), a design for an Emissions Control Plan was developed to replace existing ESP's and dry sorbent injection systems with new air emissions control equipment consisting of spray dryer absorbers, fabric filters, selective non -catalytic reduction systems, powdered activated carbon injection systems and natural gas-fired auxiliary burners. Funds for this monitoring program are in addition to the annual fees paid to the Town by MRI according to the Site Plan Review and the Host Community Agreement. (Appendix B) Total costs must not exceed the $25,000 total received. Summary /Background The Board must to respond to concerns of Town officials and citizens concerning the environmental and health impacts of the incinerator and to continually confirm that the "A facility is being operated in compliance with all applicable environmental regulatory laws. A plan to gather data, determine specific types of data required, and report to interested citizens has been successfully implemented over the past 11 years. Modifications to the monitoring plan may occur between bidding cycles as the Board finds necessary. This program requires expert technical staff that will scrutinize the facility as proposed in the monitoring program and to produce objective, measurable data to support all reports and assist the Board of Health. Scope All report data is expected to be interpreted in a manner that is clear and understandable for lay people. This data will include reports made to DEP, quarterly reports made to the Town, continuous emissions monitoring data; and information on whether the facility is being operated properly. Particularly important is how any particular emission in excess of regulatory limits may impact health. The program and the surveillance services will allow the Board of Health to be current on all those conditions involved in the proper operation of the waste handling facility so as to be better able to respond appropriately to citizens' concerns. As part of an on-going monitoring plan for the Wheelabrator North Andover Inc. (WNA) facility, the consultant will utilize a variety of different methods for the Town to ensure compliance and proper operation of the facility. Different aspects of the monitoring plan are presented in order of decreasing frequency of monitoring. 00V OWN M V HIWN ",k 0e] Witness Testing "A is required to conduct stack testing for emissions on a quarterly basis. Every quarter, the facility tests for mercury and for dioxins/furans (generally abbreviated as PCDD/PCDF)2. Every nine months, this quarterly testing program is expanded to also include additional metals, namely cadmium and lead 2; visual and fugitive emissions, namely opacity3 and fugitive emissions 4; ash collections; and particulate matter? (PM), hydrogen chloride (HCI) and ammonia (NH3).6 As part of these testing programs, the stack testing firm also monitors the oxygen$ (02) and carbon dioxide (CO2)7 concentrations, gas stream moisture content$, and volumetric flow rate9. The consultant will witness the 9 -month tests. The project budget is not adequate for observing every test; since stack tests for hazardous air pollutants are usually conducted in triplicate, the consultant is to generally witness only the first test, in order to check the setup and methodologies in use. Review On -Site Records As discussed in the previous section, "A's CEM's record NO,,, SO2, and CO emissions, opacity, and operating parameters such as carbon feed, fabric filter inlet temperature and steam load. The facility's permit also requires that records of these data be kept on-site; these data will be reviewed on-site by the consultant, when the consultant is on-site to witness the stack testing. Review Dispersion Modeling As part of the facility's major testing program every nine months, WNA conducts an air quality analysis using dispersion modeling to assess the ambient impact of emissions, using actual stack test data. The stack parameters are modeled using a unit emission rate (1 gram/second), which is then scaled by the actual pollutant emission rates determined during testing. The consultant will obtain the model input files, checks the dispersion modeling for appropriateness of methods and for accuracy of results, and compare the results to the appropriate standards. Air quality standards for toxic substances (AAL's and TEL's) have been developed by the Department of Environmental Protection's Office of Research and Standards. Modeled air quality concentrations are then compared to the AAL (Allowable Ambient Limit in air), an annual standard, and the TEL (Threshold Effects Level in air), a 24-hour standard. ANNUAL -BASED MONITORING ' Using EPA Method 29 2 Using EPA Method 23 3 Using EPA Method 9 4 Using EPA Method 22 5 Using Arthur D. Little Method S007 6 Using EPA Method 26A Using EPA Method 3 8 Using EPA Method 4 9 Using EPA Methods 1 and 2 • DEP file review. The consultant will conduct a Department of Environmental Protection (DEP) file review to check data and reporting related to the facility, and confirm facility compliance. • WNA web page review of the previous year to ensure that the monthly emission results are being documented as required by the "Site Plan Approval/Special Permit, item 2 sec (a)(b)". • Assure adherence to the Standards for Qualification and Certification of Resource Recovery Facility Operators (ASME QRO-1-1992). These standards set forth the qualifications for the chief facility operator and the shift supervisors, with a major focus on health and safety, at the facility. Consultant will verify qualifications of current staff during 9 — month visit. • Assure adherence to Massachusetts Public Safety Department's license requirements, as noted in Massachusetts Chapter 146, for firemen and engineers. Consultant will verify qualifications of current staff during 9 — month visit. • Consult with the facility and OSHA on any lost time accidents or fatalities • Review any reports generated by the Wheelabrator independent environmental auditor; report significant environmental issues noted by the auditor at the North Andover facility. Note: In 2011, there was a settlement between Attorney General's Office, the Mass DEP, and Wheelabrator for alleged environmental violations at three of Wheelabrator's waste -to - energy facility, including the North Andover facility. In this settlement "Wheelabrator must immediately hire an independent environmental auditor to monitor the company's compliance within environmental regulations". REPORTING Annual Reports to Town The results of the monitoring program will be made available to the Board and the public on an annual basis, as per the following project deliverables, as outlined below. The results of the on-going monitoring program will be made available to the Board in the form of an annual report, which will be submitted by June 15 of the following year. This report will provide a general picture of facility compliance, based on witnessing the stack testing and compiling facility data, such as the tables and graphs of emissions testing results10, and reviewing emission results from the WNA web page. Furthermore, the following noted items must be discussed in this report: • Adherence to ASME QRO-1- .1992 • Adherence to Public Safety Department's license requirement • Consultation with the facility manager and OSHA on any lost time accidents or fatalities • Review of available reports generated by Wheelabrator's independent environmental auditor It is anticipated that the report to the Board will be more detailed and technical than a second report that the consultant will prepare for "interested parties" but there is expected to be a good deal of overlap between the reports. The report for the public ("interested parties") is to be less technical than the one for the Board, and should include introductory general information on the "A facility, including information on the pollution control devices and the CEM's, levels of air quality emissions, compliance with regulations, incidents of excessive emissions, and general facility operation. 8. Minimum Criteria/Qualifications The qualified firm should have at least 5 years of expertise in the environmental monitoring field with areas of expertise in solid waste plants, air quality and health assessment/risk analysis. The qualified candidate should also be immediately available to work on this project and be able to complete all annual tasks. 9. Comparative Evaluation Criteria For the monitoring, all proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous .5 points Advantageous 3 points Least Advantageous 1 point Does Not Meet 0 points * Response excels on the specific criterion Response meets evaluation standard for the criterion Response does not fully meet the criterion or leaves a question or issue not fully addressed Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. A. Experience ♦ Bidder has nine (9) years or more experience in the engineering and implementation of systems described in this RFP will be considered Highly Advantageous (5 points) ♦ Bidder has less than nine (9) years, but seven (7) or more years experience in the engineering and implementation of systems described in this RFP will be considered Advantageous (3 points) ♦ Bidder has more than five (5) years and less than seven (7) experience in the engineering and implementation of systems described in this RFP Massachusetts will be considered Least Advantageous (1 point) ♦ Bidder has less than 5 years experience in the engineering and implementation of systems described in this RFP will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) B. Bidder submitted lists of contracts performed similar in scope to this project with contact names and telephone numbers. ♦ Bidder submits a list of five (5) contracts that are similar in scope as described in this RFP with contact names and numbers will be considered Highly Advantageous (5 points) ♦ Bidder submits a list of three (3) or four (4) contracts that are similar in scope as described in this RFP with contact names and numbers will be considered Advantageous (3 points) ♦ Bidder submits a list of less than three (3) contracts that are similar in scope as described in this RFP with contact names and numbers will be considered Least Advantageous (1 point) ♦ Bidder does not submit a list of contracts with contact names and numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) C. Bidder submits an over view of the scope of each contract in (B). Review of the details of the contracts submitted indicates bidder has sufficient expertise to fulfill the RFP ♦ Review of all contracts submitted finds bidder has sufficient expertise to fulfill the RFP ♦ Review of the majority of the contracts submitted finds the bidder has sufficient expertise to fulfill the RFP ♦ Review of only one out of the contracts submitted finds the bidder has sufficient expertise to fulfill the RFP ♦ Review of the contract(s) find(s) the bidder does not have sufficient expertise to fulfill the RFP 10. Method for Award The contract will be awarded to the responsible and responsive vendor submitting the most advantageous proposal taking into consideration all evaluation criteria. Price will be of consideration only if there is a tie amongst proposals upon complete evaluation.