Weston Solutions, Inc. 45 Constitution Avenue, Suite 100 Concord, New Hampshire 03301 603-656-5400 • Fax 603-656-5401 I•Iflk www.westonsolutionscom The Trusted Integrator for Sustainable Solutions 15 March2011 Fund Management Section Oil Remediation & Compliance Bureau NHDES - WMD P.O. Box 95, 29 Hazen Dr. Concord, NH 03302-0095 Re: LEE: Mobil No. 13052 Request for Reimbursement No.1 - $2,218 NHDES No. 199203034/ ETHER Project No. 15968 The pre-investigation background review has been completed for the above referenced site. Attached, please find the following documents in support of this reimbursement request: • Applicant Contract Including Waiver of Claims • Listing ofInvoices • NHDES Work Scope/Change Order Authorizations • Contractor and Subcontractor invoices The payment should be directed to: WESTON SOLUTIONS, INC. P.O. Box 538253 Atlanta, GA 30353-8253 Please call me at (603) 656-5453 if you have questions. Very truly yours, WESTON SOLUTIONS, INC. Sean P. Combs, LEED AP BD+C Senior Project Leader G:PROJECTS2O134OO2\ReimbL4rsementReim Cover Letter no 1 doc AGREEMENT FOR Professional Engineering, Design, and Consulting Services Associated Pre-Remedial and Remedial Activities associated with the Mobil No. 10352 (Lee Cirde Mobil) Project BETWEEN Oyster River Investors, Inc. do TEC Transportation 65 Glenn Street Lawrence, MA 01843 (Hereinafter referred to as “ORI”) AND WESTON SOLUTIONS, iNC. A Pennsylvania Corporation With Corporate Headquarters Located at 1400 Weston Way West Chester, Pennsylvania 19380 And Local Offices located at 45 Constitution Drive, Suite 100 Concord,NH 03301 (Hereinafter referred to as “WESTON”) NOW, WHEREAS, WESTON provides consulting and engineering services; and WHEREAS, ORI desires to engage WESTON to conduct preliminary tasks in preparation for the completion of pre-remedial investigation activities, a bid specification document, evaluation of subcontractor bids, and oversightfmanagement of a remedial action; NOW THEREFORE, in and for consideration of the mutual promises contained herein, OR! and WESTON do hereby agree as follows: GENERAL PROVISIONS ARTICLE 1- DEFINiTIONS services “WESTON” means Weston Solutions, Inc., the corporation contracting to furnish the described herein. WESTON is also the Applicant. pre “Services” means the performance of work by WESTON, including but not limited to: remedial activities, pre-remedia] meetings with project stakeholders, remedial action implementation, and associated post remedial meetings and/or activities. the “Authorized Representative” means the individual(s) assigned by ORI and WESTON to oversee work performed under this Agreement “Pre-existing Conditions” are those environmental conditions existing on the site, both known and unknown, prior to or at the time of WESTON’s initial involvement for which ORI shall indemnify WESTON for any liability. ARTICLE 2- ORDER OF PRECEDENCE In the event of an inconsistency or ambiguity between the documents comprising this Agreement, the following order of precedence shall govern: a. Supplemental General Conditions. b. Agreement, including General Terms and Conditions. ARTICLE 3- PERIOD OF PERFORMANCE The effective date of this Agreement shall be the date of its bilateral execution. ARTICLE 4- TYPE OF AGREEMENT This is an Agreement (“Agreement”), which authorizes WESTON to proceed with the Work Scope, but does not obligate, ORI. WESTON is authorized by ORI to act as a OualifIed Applicant directly to the New Hampshire Petroleum Reimbursement Fund Program (Fund). ARTICLES- ACCEPTANCE AND MODIFICATION OF AGREEMENT This Agreement becomes a binding contract subject to the Terms and Conditions hereof when accepted by written acknowledgment hereof or commencement of work hereunder. Any modification of this Agreement must be authorized in writing and signed by the Authorized Representative or designee of both ORI and WESTON in order to be valid. 17 Mardi 2011 GPRoPOsAI.1air201 IWHOESILe MbirORI Ageement 201 Idoc 1 ARTICLE 6- AUTHORIZED REPRESENTATIVES for The following named individuals are the Authorized Representatives of ORI and WESTON or for the execution of this Agreement and any subsequent Task Order Releases issued hereunder approval and direction as required herein: Oyster River Investors, Inc.: Mr. James D’Angelo Weston Solutions, Inc. (WESTON): Mr. Sean P. Combs, LEED AP BD+C Senior Project Leader Or Mr. James Ricker, P.O. Program Manager ARTICLE 7- WORK SCOPE PART 1 SITE STATUS A brief regulatoiy and historical summary ofthe project and project site is as follows: Gasoline-related volatile organic compounds (VOCs) were historically released to the subsurface at the Lee Circle Mobil property in Lee, New Hampshire. To address this release, groundwater monitoring has been conducted under the Groundwater Management Permit (GWP-199203034- L-003) where Global Montello Group Corp. conducts the groundwater monitoring and sampling wells of all required monitoring wells, and OR] conducts sampling of all affected water supply and associated FOEs. This sampling regime continues through today. In 2003, the Department of Environmental Services (NHDES) requested that OR] complete a subsurface investigation in the vicinity of the former underground storage tanks (USTs)/pump island and existing USTs/pump island, respectively. The investigations indicated that elevated petroleum VOCs remain in the soil primarily in the vicinity of the former pump island and USTs, including an area beneath the existing pump island. Based on the data presented in the January 9, 2003 Soil Contamination Report prepared by ThE Northeast, Inc. and the January 26, 2003 Site Investigation Report prepared by. Groundwater and Environmental Services, Inc., an estimated 6,000 tons of petroleum impacted soil remain on-site. Although potable water supply options were assessed by OR] and NHDES between 2005 and 2010, source area removal has been determined to be the more favorable and cost effective remedial approach for this site. NHDES believes that soil excavation will help address the on-site contamination and eventually the off-site water supply contamination. Following discussions between WESTON, OR] and NHDES personnel, WESTON will conduct pre-remedial activities, and oversee and document remedial activities at the Lee Circle Mobil Site. 11 March 2011 G:WROPO$ALhGOVfl2Di IWHC3ESILSC Mobd¼ORI Agreement 201 l4oc 2 PART 2 GENERAL APPROACH WESTON will conductJimplement all pre-remedial activities in accordance with the Work Scopes submitted by WESTON on 25 January and 25 Februaiy 2011. Specific All remedial work Will be implemented in accordance with the requirements of a Site Bid Spec document that will prepared, by WESTON and approved by NHDES and ORI personnel, following the completion of the pre-remedial investigation activities. PART 3 BUDGET Under this Agreement, WESTON will conduct all tasks in accordance with the following budgetary procedures; • Unit-based or project based costs, as outlined by the New Hampshire Petroleum Reimbursement Fund Guidance Manual, Policies, Procedures, and Rules for Reimbursement (ODD Fund Manuel), will be adhered too; • Costs not outline in the ODD Fund Manual will be submitted in Work Scope Authorization Forms or Change Order Forms and approved by NHDES personnel prior to work implementation. ARTICLES- TERMS AND CONDITIONS All work under this Agreement shall be completed under the attached General Terms and Conditions (Exhibit A). Supplemental General Conditions For the above Agreement, the following supplements modif’ the WESTON’s General Terms and Conditions attached and contained herein. Where a portion of the General Terms and Conditions is modified or deleted by these Supplemental General Conditions, the unaltered portions of the Genera] Terms and Conditions shall remain in effect. In order to obtain reimbursement for the Fund, the Applicant (WESTON) agrees to waive all claims against ORI and Mr. James D’Angelo for payment of services performed within the limits of this Agreement. 17 Marct 2011 G:tPROPOSAGTi201 1WHOES1e MobORI Agreement 201 idoc 3 iN WITNESS WHEREOF, the parties have executed this Agreement effecUve the date written below. Oyster Riv stors, Inc. WESTONSgnaturSOLUTI(N INC Nam Name: Mr. Sean P.Combs Title: -W-L_.LOD Title: Senior Project Leader Date: Date: 7/3%” /o// G:lPROOSA1.’G’fl2O1 IWHDESLee Mobi1CRI Agreement 201 1.doc 4 I? March 2011 NHDES#: 199203034 SitelProject Name: Mobil No. 13052 REQUEST FOR REIMBURSEMENT - SUMMARY OF INVOICED COSTS (1) h NV. (2) I INVOICE (2) I WSAiW IPHASEI REQ. I CONTRACTOR I SUB-CONTRACTOR I TASK TASK I DESCRIPTION OF WORK I TASK BUDGET I AMOUNT I BUDGET BALANCE DATE NO. DATE CODEI NO. (ASAPPLICABLE) j (ASAPPLICABLE) NO. 1% COMP.I (If Applicable) REQUESTEDI (If Applicable) 3/15/2011 MAR2OII-02786 2/1/2011 SBP I Weston Solutions 1 Pre-Invesligation Background Review 100 $ 2,225.60 $ 2,218.00 $ 7.60 Totals: 1 $ 2,225.60 I $ 2,218.00 I $ 7.60 ii (1) Use this form or a facsimile to tabulate invoices and requested costs, and to indicate budget status, if applicable. (2) Only list invoice dates and invoice numbers for prime contractors. List subcontractor invoices and services under the applicable prime contractor invoice. ____________________________________ WORKSCOPE AUTHORIZATION - 0db 4O7O1 Use this form (a) to obtain pre.approval from NHDES for performing corrective action at sites eligible for the vhnment1 Petroleum Reimbursement Funds under RSA 145.0, E, F orG. Contact NHOES for guidance on use of this form $enrlcea and the need for additional documentation to