TR-2016-73 UNDERGROUND TANKS $3o-7 U?2%
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V-2016-73 0 P WtA--I
R�sou1�or~1'
APPROPRIATING S307,638.00 FOR THE REMOVAL AND
REPLACEMENT OF UNDERGROUND STORAGE TANKS
(Sponsored by Mayor Richard A. Cohen)
WHEREAS,The:Massachusetts Department of Environmental Protection ("MassDEP")
promulgated underground("UST' regulations on January 2, 2015 that replaced the
Massachusetts Department of Fire Service regulations at 527 CMR 9.00; and
WHEREAS,MassDEP's UST regulation 310 CMR 80.15 requires that all single-walled steel
tanks must be removed or permanently closed-in-place by August 7,2017; and
WHEREAS,additionally the following requirements have to be completed by UST systems by
January 2, 2017:
a. All spill buckets have to be tested and, if necessary, repaired or replaced in accordance
with 310 CMR 80.21(1)(a)and 28(2)(g);
b. All turbine,intermediate and dispenser sumps have to be tested and, if necessary,
repaired in accordance with 310 CMR 80.27(7)and(8);
c. All Stage 11 vapor recovery systems have to be decommissioned in accordance with 310
CMR 7.24(6)(i), if applicable; and
d. New Stage I vapor recovery requirements have to be met in accordance with 310CMR
7.26(3)(b),if applicable.
WHEREAS,the Town of Agawam desires to repair and replace underground storage tanks by
January 2, 2017 which may require engineering services and incidental costs related thereto in
the amount of$307,638.00; and
WHEREAS, it is in the Town of Agawam's best interests to remove and/or replace
underground storage tanks prior to January 2, 2017
NOW THEREFORE,the Agawam City Council hereby resolves to authorize the following:
That$307,638.00 is appropriated to pay costs of removing and replacing underground storage
tanks,including the payment of costs of related engineering services and all other costs
incidental and related thereto, and to meet this appropriation,the Treasurer, with the approval of
the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44 §7(1)of the
Mass. General Laws,or pursuant to any other enabling authority, and to issue bonds or notes of
the Town Therefor. Any premium received by the Town upon the sale of any bonds or notes
approved by this order, less any such premium applied to the payment of costs approved by this
order in accordance with Chapter 44 § 20 of the General Laws,thereby reducing the amount
authorized to be borrowed to pay such costs by a like amount.
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Dated this_Ce) dayof W4*v1'w , 2016
PER ORDER OF THE AGAWAM CITY COUNCIL )0 ��S A10 I
" 144�
J P. Cichetti,President
APPROVED AS TO FO AND LEGALITY
/!�4-
Patrick M. Toney, City Solicitor
MAYORAL ACTION
Received this J d" day of UV r .2016 from Council Clerk.
Signed by Council President this 44 s+ day of nc.�'�,2016.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3 Section 3-6 of the A arter, as
ded,I h eby a prove the passage of the above legislation on this ay�of
2016.
Richard A_ Cohen,Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter,as
amended, I hereby veto the passage of the above legislation on this day of
,2016 for the following reason(s):
Richard A, Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLE
Returned to Council Clerk this J.2� day o ( .2016.
7o . Commonwaelth of Massachusetts
Executive ice of Energy &EnvIronmentel Affalra
1 Department of Environmental Protection
ctwr"M 8dcar +41BWM.A.baton
Governor 83oretary
Karyn E.Potlm
Leeutananl"drn r h1aft SwAxq
CmWimbner
DearSingla Well Stoat Tank Owner.
The Massachusetts Departmant of Envimnmantal Protactlon I'MauDEFq prOmutiated underground stoma tank
(UST)regulations on January 2,2015 that replaced the Massachusetts Department or Fire Service(wDFr)
regulatlorrs at S27 CMR 9AM MassDEP reo wds Indicate that you are the owner of One or more sitt;#Ee-walled steel
tanks at
Fbdlity lame
L13 Main Strut
Town,MA QO=
MassDEP wants to remind you of several important upcoming deadlinas.MassDEP's UST regulation(310 CMR
BOAS)requbw drat a0 -eudlad MW tends mua2 be runmr-A or parr montly db32d4n-pk=i r,+AsrGM 7.
20171. This roclulrement was cwrbd over from the OFS reSulation at 527 OWR 9.05(6)(10),and has boon.In effect
since!March 21,2.009.
MassDEP's LIST Re3uladon slim tanks to be pan rantly elased-In-place only If they cannot be removed from
the pound wlthont removing a buildiM or the removal would endanger the structural Integrity of another UST,
structure underground piping or underground utilities.
In addition,the followrins requirements have to be completed by UST systems byJcnum 2,2017:
o All r pIH burg have to be tested and,if nao¢ssary,mpolred or replaczd In accordance w b 310 CMR
80.21(1#(a)and 28(2)(g);
o All turbine,In2DrmmMW end d'lapanmr atrmpo have to bo tastad and,if nocessary,repaired In
occordanca wdth 310 CMR SM27(7)and(8),
o All NnGa B vcpw ro=VM rystorrm have to be decommladmod in amordanco with 310 CMR 7.240HI),if
applicable;and
o Nuw StEZp I vapor recmrery requirements havo to be met In occeordanm a tfr 310 CMR 7.26(3Kb),if
applicDwe.
If you remove your steel tank or permanonty dam it In place before January 2,2017.you VAII not
need to comply wrlth requirements for testing spill buckets and sumps(and repairing or repladrtg them if they do
not pass the tom). If a singk-m nod sty tank supports a Stage II system that has not yot been deconrntlssioned,
the Sure 11 systern can be dacomrnlssloned when the tank b removed,end there would bo no need to Implement
Staga I requirements for the site-walled steel tanlr.
MMDE'P has established theta alternatives fn which you can meet the removal/pormonent closure-In-place
neq ulrement for a SWS tank:
L Pass tha basis required for spill budaeb and sumps by January 2,2017 and remove or dose-l"Icce your
SWS USTs by ALOust 7,2017.
2. Take your single-walled steel tanbs'Temporarily Out-0f-SeMoe"(MS)in accordance with 310 OAR 90.42
by January 2,2017,and permanently close in plane or remove the tank(s)byftgutt 7,ZM7. If you take
yoursknBia-walled steel tanks TOS before January Z 2017,MassDEP will not require you to:
'The folbw]ra typal of txamka are euempt from title rquV emerm conumVtive use tuft tomb rolined prior to Auaust 8,2CO7
In ocoardanw with aWlla le requdrerncats,and", rappecr tanM(fimrakms,cod=fiber or plastic axnpmads).
UST ENGINEERING
rqh9&Bond
EiglMerS 1&MMn=ntW speclaUma
A-09143-01
October 28, 2016
Mr. Christopher Golba
Superintendent
Department of Public Works
Public Works Municipal Annex
10D0 Suffield Strut
Agawam, MA 01001
Re: Phase It
Engineering Design of Storage Tank Replacements
Dear Mr. Golba:
Tighe A Bond Is pleased to provide this proposal to the Department of Public Works continue
working on the Pump Station Fuel Storage Tanks Replacement Project. The Scope of Work
outlined below Is intended to provide the DPW with construction phase services to Include
constructlon administration, constriction observation and Licensed Site Profksslonal (LSP)
services through completion of the project as detailed below.
As outlined In our previous scope, existing USrs at the following pump stations will be
replaced with aboveground storage tanks:
Table a
Tank Inventory
Tank Location IbftWns Tank Capacity Propo"d Tank CapedtV
(fialk ) (mllons)
Sdwol Street 2,000 1,500
North Street 500 750
South Street 21000 1,500
Pleasant Valley 500 500
Scope of Services
Services During Construction
In the development of this proposal, we have assumed that the construction duration Is
approximately 90 calendar days. The budget for services during construction Is based on a
3-month construction duration and Includes site visits to observe the work during the active
construction period.
1.1 Perform Construction Adminlstrittlon -- Provide shop drawing review and general
construction administration services to support the project as necessary, and respond
to requests for Information as required. We will review and verify change order
requests, which may arise during the course of the project.
53 SouftmpWn Road • Westfield, MA 01085-5308 - Tel 413.562.1600
WWw.tlaheWoncr,= Is
1.2 Conduct glold Hlafio - Conduct construction observation field visits during the
construction activity. Tighe 1L Bond has assumed part-time observation visits during
the active construction period. Services to Include field checking of the construction
contractor's shop and working drawings and comparing them with the approved plans;
calculation and measurement of pay quantities; observing the Contractor's work to
determine, In general, N the work is proceeding In accordance with the Contract
Document and all similar work related to the construction Contractors' activities. It
shall be understood that due to the part-time nature, there will be portions of the
construction that will be performed at times wherry Tighe Ih Bond will not ba present
on-site. Nothing contained herein shall rellm the Contractor of Its Independent
obligations under Its contract with the Town In performiing Its services. Tighe & Bond
will not be responsible for the Contractor's fafiune to perform the work In accordance
with the Contract Documents, or for the Contractor's construction methods and
procedures, or the safisty precautions or programs incident thereto. We will develop a
punchllst for each facility as work prograxwo at each pump station.
1.3 lL=too ad 6ft0 Praft wloaol iorerimo - 719he & Bond will provide observation
services for the removal of three (3) UST systems and the closure-In-place of one (1)
UST system as part of this project.
A Tighe & Bond environmental scientlst (LSP representative) will be on-site to obwrvve
the removal and closure of the existing UST ssyistrams at each Mclllty and colkact
confirmatory soil samples from the tank and piping eucavation: We will per?wm soil
field screening for volatile organic compounds (VOCs) using a photolonization detector
(PID) and total petroleum hydrocarbons (TPH) using a Dexsil Petrofiag hydrocarbon
analyxor kit. Confirmatory samples will be colt acted firm the UST and piping
excavations. Representative soil samples will ba submitted to a certified Massachusetts
laboratory for extractable petroleum hydrocarbon (EPH) analysis and volatile
petroleum hydrocarbons (VPH).
Assuming field screening and laboratory analysis show that a release has not occurred,
we will prepare a report detailing the removal, which will Include laboratory data and
the required Massachusetts Department of Environmental Protection (MassDEP) tank
removal notifications. Documentation of the removals and closure will be submltt2d to
the FlrG Department and the MassDEP on behalf of the Town.
1.4 Dovdap RG=rf DrmAuaoo -Tigho & Bond will update the design drawings to reflect
changes made during construction, as documented by the Contractor. We wail pmvWo
the Town with a set of record drawing and on electronic copy of name.
f�1tr���At3
In the event that a rolease from one or more of the UST systems is discovered Tighe 51
Bond will advise the Town of their reporting obligations requirW by 310 CMR 40.000,
the Massachusetts Contingency Plan (MCP). With the Town's approval, Tighe & Bond
will also provide timely notification, or mist the Town with providing notification to
the MassDEP. Assessment, additional reporting, LSP and environmental remedlation
services related to a release of fuel all will be provided under a separat2 agreement.
. 2 -
rgho&BNW
Proposed Fee
Tighe & Bond will perform these services for a not to exceed fee of$37,500. These serVlces
will be Invoiced at the Company's standard billing rates. Reimbursable expenses performed
by other than Tighe B Bond employees, such as subcontractors, materials purchased
directly for this project, and permitting fees wlil be Invoiced at cost plus ten percent.
Reimbursable expenses such as In-house field supplies and equipment rental, tolls and
parking, overnight mailings and bulk notlficadon mailings, and in-house printing shall be
Invoiced at cost or unit costs as applicable. Tighe lk Bond does not charge clients fear Items
such as regular mailings of project documents, telephone or fax communications or
computer usage. In the event that the scope of work Is Increased for any reason, the
limiting fee to complete the work shall be mutually revised by written amendment. Our
attached Terms and Conditions Is part of this letter agreement.
Acceptance
If the proposed scope, fee, schedule and our attached Temp and Conditions are acceptable,
please sign this letter on the next page and return It to Tighe&Bond as our authorization to
proceed. Please contact Gary Roberts at (413) 875-1316 or me at (413) 572-3231, If you
have any questions. Thank you for considering Tighe &Owd to perform these services.
Very truly yours,
TIGHE k BOND, INC.
(26C.'US-CL-
M. Vallnskl PA
Vice President
Enclosures: Terms and Conditions
I g, MUBMMM rug n*UNMd r MW nADC
' 3 - �
,w Wl7W=WZMEOF,the pattm ha amto base stpred this Coahu t u a sealed imstr uornt on this_ day of
�0___,
TOWN OF AGAWAM TBE VZNDOR
BY BY
Richard A Cohm%Mayor Peter M.Valiodd,Coqo t Ot' m
Br• TIOM&Bon&ino.
Depsrft=Heed Name of Veadooc
Aeotll Via PfaddMA
Tide of Vendor
By. 51 Sad=jug Rd.
7eML%r HosdiSlio, SUIW Address
Chief ptoa�e�OfBm
By. wee MA Olt]8S
Vince Gwan Town Solicitor Town,SWo and Zip
CordW m to Fwm and Lepdity
By: QE2821431
CbwA St,John;Tows Auditor Tax M or Social Seaaity No.
FOIL CORPMtATidNS ONLY:
Clerics'S*ndm
Robed S.BOHM
ChiefFiasaeial Officer,Oak
Authorized SiSaa m of Seller:
4
TERMS AND COMMONS i of 3 REV. 10/15
rs. us��[oq
"CI.BfEgY"Irs daft In 4Qro ooa>aP4ontx3 Olne 04 B.1 DEER rAli rcmin pordn2nt records rotating to ft
41>m flit=MPOnV6ng PMV=1 IoM r or tha Irk]m Mryl=porfbmcd for the time rtequinad by law,during which
tho pIopam1♦la looucl Qa;T10IG OL Bondi III. 10 p3tfad the r=Wdn VdI ba trmde avaltobb upon rC3MM b
h 3robV r a44s rormcd as 1111MIINUM10. mqL= and� smant far any oppOmbb
1. CL6@DULO OR PA=affm sav
1.1 Involow will orelty ba submitted onoa a month for 6.2 SompIm . All cog, m* and water oantpbs MI ho
9� df=rdcd 30 days altar nubmtzlon of ENGIMMRb ropomt,
msanrloa3 pamf ffr*d during tho previous month. Payrnant will unt= mu=* sgncad otttarrrlsa or unlit EWMERtr
is due within 30 days of Involco data. wry poymanla to wry pion Io to retain for a Wigor parlod of time For
ENIGIMER anal ba mad3 on the b-'sI$of IrwOWU submitted by the citaft tM of cxvkm which EMGC I ER hcm cermd to
EdCdNIEER and OPPM Cd by CLIENT, If MAI by CLI IT, tom, t4m mquaat and mutual ogrcwnznt rcgardrng
monthly Invotms may bx suppbro tad adth such supporting applkobb charges, ENGINEER will ahtp, deliver and/or dwo
data as rmsormbly nequastcd to sub=nbata them, sDnp!c3 for Cf.IOU.
S.R in tha avant of a diaogroament as to billing,the CLIENT M �OF faII>rl 1*13M
shale pay the agrcod portion. C62
1.M Inta will as red=d to camurris In arrmra at the rate data,All ropoefa drow�r.ap m,oorn>r in popflim,fol
of one and one-half 1.5) p2rc=par marrth (10 p=mnt per ca �, and alter d eske r !n prwrCRID
or
annum) or the nand a m rcto alkmcd by lost. whWhomr3r 13 of t�rtl and II prof E EP. which
Ict, of ft ou=ndfng balaftm In the event maazol to shall retain all flwwm I=, statutory and Wes rcrrocd
n=ln2d to obtain pagntcrit of on cu%WMhrtg bolanw,C11ENT mtghto bKhW48, w2rout Omitattomt, the copyrWd tharap.
wlO rdmburr3 ENGINEER for oll nasconcbb Momayb ft=and CUS at poym2nt to EMt3IM a?the compunmftn cot tbfth
court Comets. in tM AS=n=t ddl to a condition prCZa dDM b the
1.4 If CLIENT Relic to make palrrrtem In full wlthbt 30 days C1It3 ft ftft to use dowwnta p q=rcd by ENlGlf EBL
of tho lobo duo for any undbput-..d blMng, EiYGT MER rn y, 0.2 t*m=tta WwAdcd by EMMNEER cra not IrdO or
afiar ghrtmq Govan doya' crrltc2n rialtos tma ajEfT, =pond mp=ntrd to to su bbb For recta by CLIENT or GO=on
mrsmko and rotoln work product until paid In M, including any odwsf0rt or Moditntton of ilia px$�d or fbr cry oih r
Intarcat. In tho wmt of auspmstm of cartr m, EWGUMER or ml= Documcnta prvatdcd by ¢;tIt;1MROR an thb
win hove no NablMV to CLIENT for ddbr or domcgc3 cauxd P>'zd2d shad rrot, In wholo or in part, ba dt=ftoCd or
by auch auspanatwt. oxmycd to any odwr portly, nor u=d by any ter party.
a. OUCCUM1=1 Alm other than rcgubtory age, without On prior oftoan
ommt~M M Ems. Rol= of doarm3nza by CIENIT or
h.1 CIIEMT and EMMUR mfi binds nm:A fig portrM, othmo an autormSM or madlAmtlona of thb prglcat or an
oucc=ow, omtgna and hW ropraxntotivm to ft other olf= c%= or uca by others an Uta prQM without
p=o= to itch ASMWrant and to tlta p3rM=, era, EMDrgft rntibatt p=C21m and nncbel og=n mt ca to
amforc; and IMt reprGanmttves of Such OTIM paMM with saap3 07 UM ad as to Compmoction,I?appumbb, Otmll 1:2 at
nmpc;d to ail aov=nts o?ettb Agnxmr iL ENGINEER drag the u='a W!2 M4 without Eat ty on E=NEEFtt part,and
not am W4 mumb= or trig its mtf= in this fin! CLIENT ugr= to hddcmnC,y oW hold ENDER hoist =
witi mR tea wren cor=nt of C IEW,r fth consent al all not fawn c l Brans,dangom, and eoqm=, Indudhrg atUmtoyb
b2 um=sonably Wtd>O. ft A c rbbW out of such unnuftwhed u3o or rm m.
3.1 Thm A97c=cnt the enft and In"ratCd Wi Ebcbmk D=mm=-ER=WM caRnCt Buaranto the
AgreaTa t h3b==C.IEW and ENGINEER and mipmodw all coo maKy, or carp==of d=Seim aupp~d In
prior ncpdob rm, tans or AgremymM whztnr monk fior mot. V ERMEER pry docu mctftm in
wrim n or oral. Thft Agresmrnmt may ba am=dcd ordy by d='or&fbmwt far C»31f %camronk mac. CLMW cgr=to
women dmgnmmnt slgn2d by bath CUMT and ENGINEER. =hma any and all &.firms Dpha firms irsuttlng in any
= I<tng OorttaIn3d In tiff$ Agreamcnt aho0 trmaato a tom►f m the un uftrbed um,QtaarattgN mat=or fu=of
CDRVUCtWi MMUonohip or aou3e of aMon In fbtrar of a third the d=Mmtc ftMfflt2rft and to dam. Irr 0: r nVy,and ho:d
party cgolfteC MT or against ERGINE. ENGINEER h3rmnl= ftom any dc!fm, , darrv=, or
catch,bub ding OWNR30 ft.ems,i»1ng out of the unaulftftcd
!3. OTMOM Go CM2 um. o m k ntwtmt^a or macs ad any d=bwlc daanmrtnla
A! in p-210 ..htg Wo9=9=1 sv vt=, EMNEfR W um
that dcg=of Caro and otdil ordina ft undar mdmllar 0.4 M.Monic Dam t3attes - In the avant that ENGINEER
drtrcn3mnaca by mamb2m of the proftlon Arocticfng In the preporw ebwwh: dam bm=, gMrophtoal Wbrmotlan
aanma or:tirymllar locality. Wnft GILIEPIToand IWd R that ouch�,=
4. TMSMM78OCJ ddIverabko will be umd and p3imp3 madticd by CLIENT and
4.1 This Agent nmy b2 t>:rminMW by altar party upon that WMMEEAb obllg b= orb lhnitsd to dm dekibMrabim
amen days'wait m nobca in the ovum of sub=nthl ftakn by and not to any submqu3nt moffimftm tomaraof. once
the od=party to pmb., In aecordar m:with the termrms hmcof CLIENT aeoeI I the del"of rymopa, dotpb30aa, or similar
through no fault of the temdnating party. In edditfon,CLIENT documzmmta devetopad by BdGIMEER,osmamhtp b¢ac3cd to
may t> rm1noto this Agrc3mo t fbr Its conv@nfertce at any time CLIENT. ENGINEER w111 retain the right to use the dovolopad
by giving written notice to EMMEER. In time anent of any data and vdl orchlve the data for a pamiod of thrm ymro
barminathn, CLIENT will pay ENGIMCfR for e0 serA= from the data of prej2d compktfon.
rendarEd and mm3bnb=bb 82Wart C3 incurred uMer the
Win=robtad to tits wder1y termination of this Agmament.
TERMS AND CONDITIONS 2 of 3 REV. 10/15
Y. X=RA E 0. am Acctn
7.1 EtG pdaR will retain Woriumn'e Convensatlon 0.1 Right of Entry - Unkm otherwise agn=A, C Ieff will
imuranco, prWasional LIWNty Incurance the r> to ftrmlalt rlght,d-cmtry on ft land for ENCJ to nmlm any
Ilabllteba artaing from nagllgant errors and art bolor>s, sum", berim, e0b tions, toes or abnlbr Rid
Corrinmdal G:stcral LJ91411ty Insurance, Excm 1d0ltlty, and IrmaN90ons. ENGINEM will t�bae roxmbla pimwftm to
Attzarrtoblla Liability durlr>g this pmd= ENMNEER rail furnish limit damage to tha land front um of e*dl mart, but the cost
atsttPlGatt:s at C11B1tRa rrg=t. add
Wvasdqq�b not Included of any �M tW Cgrczd aft for
Y.a PJ$h Alt mdw-For any dalrn, teas,damag%or lbblW E4lMEM It n=ftrcftn of tho land is ragWrr+d to tb Ebrr=
rebutting frotn rzrror, otld mftn, or outer pr 3akmml eondltlon, upon mutual ogr+c mrit title may bra oacwn0di.2d
EN to all Gafttft wO this proms!will ba p a rc,�6rrbLaaAbl2 addldortal tarvlo7 at coat plus tan R:�>t•
I Wed to an aggregates sun riot to --ad Q5 DW or 0.2 Damep to Underground Strudu= - Rzaombb taro
FmmwEt.Rs eonVo wUm for cumong ovVitaa, t hkhovor rM ba ma 1 1d In WCOM uaclagmnd atruMm in the
to grcoW. vktnW of w tturbw a 0lotCtim. Tht3 may W:Iu t
7.9 t�rnagcs - 9 ttlsatansgn9 any o4trar ytrotrtslort of title IrftM3cm t d vAh the h=l oga=y at 1 Intl I ce uttllty
Agri,and to the futl�t exhut pa nRtcd by jaw,tt�r tba and/or a r 3 ro al* pfaWI prtto to h NENT or
d.
CLIENT nor R that' r ve oirtro, dt GMM, BM ► la a d ttn alb] to be lbMW tcor
partrtars► Grnp W=, i�7AMPIDra or oLdon3ultar" &tall Io �I3= shall !>a b avo to ►sir opal► any ft cb dart or
liable to ttta other or alsttl rrac any alahn for any Ineld2nU, 1xdb I�I1 Uro or ourd cbvct tta lc Dftw, in the t MNTc at
to
Indimot or uar>thI dortwOO arlatng out of or Oor>ttecld cccWt°��"� �6d ltttiure CI oft ��
In any vzy to tltm pxd=or to thtt Ate. This rtadmal do OF of d,019 a and aa�a ft mole rdgr rt lron<l
twlvra of amtoln darmtlw&tall Include, but b not 11 rAW to, nett tlon of d3md,'^?rt s>rltll>g fiom lira as�ar[tttart t ttc.
1a23 of trra,l=of paolit,tau of butttn=,ktz of trteant`.toes 1111. cm AAD P+SARI='e;.°.3'MAl.t3
of reputation and any od=cotnte mr>tlel dams lhat may
bo Ina"M Prom any coucx of action ir>studing nzgPV=, M1 If, at any lima, aWdvu of the , ki-:rtce or ps3a
strict NDMV,hind or cantr=and brmch o7 atttct or brl bd wdab: w of aGhMftc, 011, or other h=n; ta m=bb or
warranty. Bath CLWIT and ENGIMM atwO rquiro "Har t>trbatartora; Is dbcovered, EMMEBt r=mm the r%ht to
Wows of corIMU2row da UMM an tha ad tt=or 1MVotivin ft Wm and condlidwo of this Aqrcarcnt, tlta
Parsons rrantcd hareln In all cmeocts and Momtbucts mitt A= for amem Varvt= and EMMEmb Qo MWJn d
g2k), trwo%Cd In Vw pry knoctVarnant In thz prt eL. E[MMKEEER will rtWN NEAT as
am as prccdcDl E cvtdeaa of the a d== or pa=lbb
o. YE`=rzMIF t ?=1`�"9 DEM41W RGOOLUTM QtpM of Mxh hawdous materials or aubata b
O.S DEER agn=, to tits Idlest ac0astt prr rd3md by dingo
too. to bdcrrn y and told CLIEW itarmkm Irom any MZTha dtocriay of tha cadatom or pxu&b adotc= a7
dwrmga,llabillty or coat to the axM caul by E1 MMEERb hasprd=M=rbb or M&Aora=may molm R rcc=crtr for
m%tg m adz, wora or ornicalm In th2 performmnco of SMI ER to Ut m eoo2!�r�cctlon to WG=h> MA hmhh
pra?mIonal i3ervl= under dds Agro2 neat and lf=or Its and Cail;ty, and/or the envh*cm grit. Q.fM egr= to
alit- sutlunts or anyone flOr whom E MBER is loyally attt EMM fsr the cmt of any and dl m x3wm
HOWL Mgt In not obIlgoted to Indamnl y CLIENT In any last In Its opWon are seem to pwarvo
manner vAa%*3var for CLIEPII'B oan negRgonno. arwor tfra hm t end cmMy of that publlc, the
Qg WEi1tT agrrza, to the w[lzct atdtar>ct pzrrrtlt by low, fit'�r DMINEERb�rtorlrtel. To the EWl a ft%
to lrtdwst WY and told EI1lMIYMR h=rdc= from arty EMMk trd by law, CLIENT trs d Arty dhirro md=
Ilabll ty or aaat to tha -n I v t catmd by CUIEPT'a ERM�R art&ny to cq cbor no,W=,and ho:d OnbMo, ,
�"�° EItGII�lk+atrt arty art&aA d]b%Is,,.^�,d�fng�, ' '"Ly,
rtagbec tt actor,orrem or ombalom In the pa.rmy,anco o7 thb and OM IrtdUdit but not Ilrnticd to coat d7 dam,a"
Agrezrnorit or cnVow Ibr ckwit CLIENT Is Maly Ibbte. out Of at In any tray eamt2=d tuft the ad==or poadbb
CLIENT Is tit obliquWd to bukmmtiy ENGMER In any Md3tc=camrrh haundow al Mors at the albi
manner tOrbeaver Elor tMt3 MEER'a own ntagilg�
OX CUMT agr= that any artd all dmltattow of 18. 4i6l�Ad fE BCIEf�li "TBL�ATB�,"�I3
EaGIf14 MM3 Habfty, walvars of dam"= by CLIDIT to ILA In WSL, grouiuk ater, arm oiler aub3rr4bCa
F.NGIMM dwil lnducb and ardand to them Ifidlviduab and invaMoUtIord, oand)ttone may very Wgr&kvWy bottawa
ontilka ENGIINBM ratains for parformonco of the ctarvlccs suoocsalve last Rattle and 009013 Inlctrvala and at locattartt
undar this Agrowncrk hhdudlag but not IbnRed to otltrsr than t dM obca v0dom, et,pWation, and
EN MEERb GlY scats,pnrbmM end empby=and their h2tro i vQWgottons haw bean moda. Bacom of the taria�b�ty1 of
arts assigns,as won no E1tGINEER's aubconcuftro and their oondtllona and ft Inherent unaertat UM In auttaLrtboa
offimrs,ctrplaycas.Md lairs and aslrlgro. evakotIM, elanRCd or unarddpct:;d underground
conditions may Omer ttmt may aRba owratl prmood �
to is the 1 mTKvan t 8 r the
atiaing out of a tend r, and/or eraacutkm. Thmsa variable eondttbm and �
m this Agraarnant of the sc>rtrlccw provided h2>aund2r, cost an
d nd
CLIENT and EEtl VEER egrm to attempt to angelus any VA;h treacle an
an of EfdGI nd PrO� are not the
d1wgreernant through dk= rgpthtlmw n eentor,
authoriwd repra=mtattvr or each party. If any IL F232At AM DTATO 12MIJLA OUT !A(3L=
disagreement Is not moohrad by ovah direct rtegoti=itions, AUDM
CLlMT and ENMNEER f>rrum sera to consider using ig.SFor th7lsaln aervloea r1lrWerad ENGINI�R,doturhWrtta
mutually ocoeptablo non-WW[ng na latlon service in order t� with Il:ain O arul mete u y y
to resolve any dtaagreerrtar>t without litlgatlan. bo
audited aftor the dotes of Ming. in the av�that CUEWt
pFWA la adcctcd for an audl% WENT agrcm W CDrrommto
OMNEER for ling apont prpparEng fbr and >1 r*WI h an
TERMS AND CONDI oNs 3 of 3 REV. 1O/15 }
agency request for Information or Irmarviws In cordunctlon IM On-aim Roapom bfpty - The presence of ENGINEER's
with such audit. CLMOT Will be notttled at the time of any pm=nei at a construction site Is for the purpose d
such roquast by on agency,and ENMEEFt will Invoice WENT pmvWk* to WENT an inavemd degree of eonfidar►oe that
booed an its standard billing rates In dbd at the thma of the tho camplaind comtructlon tyortc will conform glonarntly to
audL the comM ction daarrmrda and that the dc3lgn om=3g as
i�. CL3LF�'O refi'aded in the construction dommi2nts gonemlly has b=m
Impb=rO=d and prcmrved by the eorctruftn
H9.hlli I=otharwlnr stotod In the Agresrmnt, CLIENT will contrector(o), ENMMM nekhor guaromtc3a tho
obtain,armngo,and pay for all cradles,permibr,and lb2rdm p=farmanw of lira eordructlan eorstrtsctpr(s) nor amumas
required by local, stela, or fodoraf audWtF=; and CLIENT reoponalbtlRy for a n3tructlon combadoe+s failurg to p,-s bmt
will malm availabfa the land, c =. rlgtft-or-way,and work In accordance with that suction documanta.
access necastrary for ENGINEER'S aerview or project 10yp0Vwmt - Rccon>rtlOndottam by
trnplanerrtodon. ENGINEER to CLOff for paufodic crtnstructhors pmtgrcen
10.2CLIENT vAll ammine ENGINEER's studies, reports, I23YMM3 to da construction acmtroctor(a) aro b=rd on
skotchm, dretvhW, tIom, Propomb, and other MONEER-s knowlodge, Information, and bapof f rn
dOmalam and tornrMnIcntu prarnptty to EMMNIEER in the O1:33vation that tha prone has pmgrc=d to tho
evcM of dlsagrvorment rmrding ft tontanto d any of the point IndlmI -SuCh mmnmetrdatWw do not roprtaant that
foregoing. CLIENT, at its own coat, w M obtain advice of an eonth uou3 or dotall d c mrrdmtlom hetva b=n merle by
attorney, Insurar m awnsalor,otcountaM auditor,bond and BtMKBER to o=rtah that tho construction contractor(g)
financial advluom, and other eonmritants as CUEfdr deems hove emrokmcd the work in erect occendanoe with ft
apptoprlcte; and raWar In wrRbg doWloms required by construction docunmr. ; that the final evork Wfil b3
CLIENT In a tImdV mannar. aomptable In ON n ; ttrct EMME:R hm made an
enomblation to atcorteIn Iota or for what purparsa ft
24. CPZCI MB 0:3 COST, PZ;=CKAd MUVDQCr oamtrudlon am*UdOr(s) hoed umd the rnanan paid; that
9CCO09MC RQAL3IMLYW RIZ=CTZOMD, MID title to any of tha rxo%mImIslsr,or oqulpm=tt has parsed
to WENT free and dear of firs, cialma, c=ay IADM=,
L4.8 ENQNEISt has no control war oast or prim of labor and or c ncumbmr=;or that than aro no other miltors at Mm
matWOb required to hrrplorrlent Q1EM'b proj2c3, urtkrnoMe tseLw�cetr CLIENT and the rand uctlan eombrxtaro that of?=
or latent condlttorm of mdsting egcdpmant or SWfbucm that ft arnmra drat should be paid.
nay ofilaot opmutfon or maintenance Coda, eonp2ti"m 113MRooard Draaings-Rccord dmtAfW,d"Wrcd c3 part
bidding procadurm and rrwrkut cond2mre,firma or quality of of ENGIISEitts agrood scope of mac, vrlll bo prcparc$, in
rAbnmnm by
por third prita,
o r anop ngp=or ctaru that may materla d � an tha burls of kr4l mvZon�1ad and ffurbh3d by
the tot
Ott and
ofii ct rho uWmato project eo3t or ochedufa. T areforu, ' ious w race a2 reA+ t the reset
type of var earnparenta. or escort mOnn2r In raft tha
ENGINEER mokm no =m mty, d or htVbd, that prVJ==finally mod. EIMINEiER Is rot ebb
CLMWre am ; project ease, flmmU eap=to, aemmmnt for any cm o or amic3lom in the bdbrmattan Ream OMOra
flzslbdlty, or scilmdulm trill oat vary flnm any ophiono, Mat cm Vmmumted into ft rind drarairrg:s.
analysers, projections, or c lrrsatm wridd may b2 pnwWod
by ERMPJEER. N CLMNr wWs oddittanal tnforrm than as to 30. DM= t7MDUT COS pHAM
any atarnent of prgjoet scat,ft=1biHI:V,or acdadute, CLIENT
at Its own can will employ an lndepand`nt cost oattmator,mft Tiro Paltatring praalalotts shall beappllc&ble ahmuld the
tra ,°'° advflor' EVGIII'WR not pr wlda Corrtruntlon phase rg3m q In
am COa0TMUC9=fr M12 movomm can rfv^PHI me the PPMEC'Tn
M1 CLIENT and C;ontrar for - Tho pre3mm of ENGRIEER'a BG A ft Is u nderatoad cnd EsIMNE@t s SaM*
parssonnd at a c=buctlon rdW, whathar es ona tr: of Sun t m under thi3 pmpasal docs trot mdudo project
Rrp am ntaa or otherwlso, Boas not rmko ENGINEER or obarrvation or 1ewhat7 of the QMbEtt a t parforwe m or any
ENGREEire personnel In any eay rmpmmWe for tiro cum� dr �hD= , Th3 obllg ftm,duties,and respanslblAttas of the CLIW ond/or fly ft
the ammbuctlon conbactm or other entigoo, and doss not CM r=PmdtdIRY Mr I mfP mtatfon of the Cmtr=Documents
rdhm the eonsb%=Uw cordroctom or any other orrtfty of and fbr eonOuation obannothm,and the CLIEIIT woiv,.s any
tolr mspocthQ obltgattano, duds, and rmponaRoijcm, tit:vu against cite E3GINE13t that may bat In any my
Including, but not Umfb3d to, all consbloddon rmadoda, wmmxscd tftar=
means,tcchnlgrurs.coquenaea,and proeedumm rccamy for
eowtUnothrg and eomp:MM all portlams of the construction sa.a In Cddlgam, the clmnt a8�, to the fulta-�t asrtarnt
work In aaoondamo with lira cmmbuciion cvrstract doarmarrtb Perm tad by lair, is tndmvgfy and hold him. tho
and for providtng and/or emflorcimg ail health and safety EWMNEER, b Ofrl =, db I ¢mpioy= and
precaution ruWrsd fbr such construction work. subamultUrb(coder",SNEER)against og damagea,
Iiabflltlas or coato, Incfuding reaeomblo adam®y'a fig and
SS.aCw t ocicr Control - ENGINEER and f:MMMEER's 00fenm costs, artghng out of or In any way oonnsctcd tfUh
personnel hovo no authority or obllgatlon to monitor, to the PrfwmncO of such carvkes try other pcsacno or oftWC3
Impact, to auparvlaa, or to omrdm any contrW over any and from any and all dame arbfmg faun modMaDft s,
combuetlon contractor or other entity or thair employ= in clarifications, fntorprrhatlom, cdjuCpnonm or cMng=meda
connuddon with their work or the health and addy to tfho Contract Docurranta to rofiact chores fhld or oth or
precautions fbr the construction rank arid have no duty fbr cants t m,ottoept for dalrns arbing from this sofa ncallgenoe
kmp2Wng, noting, Observing, correcting, or repenting an or willful misconduct of the ENGINEER.
health or$afaty deficiencies of the comtrucdon contractor(a)
or other entity or any other persons at the sma mceapt r auaac
ENGINEER's own personnel.
Engineers I Emrlronmentoi SpeclaUrb
A-09143-01
October 28, 2016
Mr. Christopher Golba
Superintendent
Department of Public Works
Public Works Municipal Annex
1000 Suffield Street
Agawam, MA 01001
Re: Mo=mmondatJon of A►unrd
pump antion Darrel Storaeo Ttanko Roplocorllecant Project
Dear Mr. Golba:
As requested,we have reviewed the bid of the low bidder for the aforementioned project and
completed a financial reference check.
The Agawam Department of Public Words received bids for the Pump Station Fuel Storage
Tanks Replacement Project on Wednesday, October 19, 2016. A copy of the bid tabulatlons
is attached. A total of five bide were received ranging from a low of$270,138.00 to a high of
$305,012.95, summarised as follows:
COVArocuaa ON Atwarrat
SRS Petroleum Services $270,138.00
Lsamelln Environmental Services, Inc. $273,934.00
Enpro Services, Inc. $29%760,00
Sovereign Builders, Inc. $305,012.95
Our opinion of probable construction cost for the project was $300,000.00, which Included a
10%contingency. Based on our opinion of probable construction cost and the arrant activity
in the construction Industry, we believe that the low bid is reasonable for tho project work,
The low bidder is SRS Patroleum Services of 700 Wrest Center Street, West Bridgewater, MA
02379. According to the Bidder's Quallftatlon Statement, SRS Petroleum Services has been
in business since 3uly 12, 2005. SRS Petroleum Services bid acknowledges receipt of
Addendum No. 1, and their bid response appears to be complete and In compliance with the
requirements sleet Borth In the Bid Documents (Section 00200 - Insbuctions to Bidders).
Their surety company, Philadelphia Indemnity Insurance Company, has an"A++, Superior'
raring and a financial size category Class XV ($2 Billion or greater) with A.M. Best Company,
which nwats the requirements of the General Conditions.
We Wowed the current and completed project list provided by SRS Petroleum Services and
contacted several references. The references were contacted by telephone to verify SRS
Petroleum Sarvioos' performance with regard to work schedules on previous projects, quality
of workmanship, cooperation, and overall satisfaction. Based on the telephone Inquiries, we
were Informed that SRS Petroleum Services performed provided a good finished project
without unnecessary delays. The contacted references would recommend SRS Petroleum
Services for subsequent projects.
53 SouthempWrn Rod Westneld, MBA o1085-5308 - Tel 413.562.1600
UST REMOVAL / REPLACEMENT
�e6�sond
Tlghe ilk,Bond has worked with SRS Petroleum Services on past projects and have observed
quallty work from them,and based on their performance, we would recommend them for this
project.
Based on the above informatlon, we recommend that the Contract for the Pump Station Fuel
Storage Tanks Replacement Project be awarded to SRS Petroleum Services, conditional upon
recelpt of the requlred Performance and Payment Bonds and certificate of insurance.
If you have any questions regarding this matter, please cell us.
Very truly yours,
TIGHE & BOND, INC.
a ZLL.
Peter M.Vallnskl, P.E.
Vice Praddent
Enclosure; Bid Tabulation
]:y�yVOosslDrYsr ia�t�r�aonrnn�datmn.rca
t�e8cdond
!SuinmaryofGk%Retwiv . iOftider. sdiddes; ltNdder. '•fstdder:
;For: Pump Station Fad MW9p Tarda Replaoenum. Project �Soverdgn& MdaM Ihnc.;I.ernelln Envfronmental ;SR5 Petroleumservloes�6hpro ServloE's.1nc.
I Dail Ocl&ba�19,2016,2:00 pm k ;Services,Inc
LoemOn: Agawam Daparbnon of Public Woa I i I
flkl 1 1000 Sud Sbeat,Agarlam,MA 'Phone:413-527-8001 !Phone: 413-M-055 ,Phone:508-232-7760 'Phone: SM-966-6000 '
IlEmneer. Tkft&8ond Inc. Fax:413-5Z9-998S 'Fax:413-598-8511 Rov 508-232-7780 Fax:50 -M-4861
'item Mo. Tab!prtae � Tad prka j Total prim Taabl Prlae
I 1 i ;School St.P.S.UST ire-in ace $24,304.86 I $17,080.00 i $8,381.00 I $13,000.00 E
2 1 5choof St.P.S. 1,SW-W.,SST buftfla ore $60,004.24 I $63,540.00 1 #55,029.00 I $65,300.00 I
3 1 €North St:P.S.UST Removal $19.343.86 I $15,020.00 ! $10,945.00 I $15,250.00
4 E ,Moth 5t.PS. 750-gal.AST fttOflatlon $S3,033.49 ���$",6m.00 $57,486.00 I $55,830.00 i
5 !South St. PS.UST Rerwv I #20,795.33 � $15,800.00 $10,945.00 i $15,550.00
—-—�--i -
6 i ;south St. P.S. 1,500-0a1.AST Installation $99,031.02 ! #59,430.00 $62,273.00 $S3,660.00
7 Pleasant Valley P.S.UST ltenuml $19.481.36 $14,520.00 $14.910.00 $15,350.00 I
8 !Pleasant Valley P.S.WaVal AST Instaflatlon $49,018.82 $43,914.00 ! #50,169.00 $55,820.00 !
MOW Amount of Bid r � . j $305,0U.93ass L #273,934w #Z70. 'i.i8.00 I —#290,760.00 !
Sid Bond Provided Yes Yes Yes Yes
Bid Sigma Yes Yes Yes lies
Addendum AdawwkdW Vft Yes Yes lies
*"The proposed concoct price wdMen In Section 5.3 of the did Form was$312,757.50,which does not equal the total of the bid Items detailed above. This bid Is
OmwelMsd ffrom axudaatfo, as a react.
J.IRVI W4y VWRepI I P $xfM kW4M jft%m fORarJ.0I6
f
WASTE WATER
PUMP STATION(UST REPLACEMENT)
Engineering $ 37,500A0
Removal&Replacement $ 270,13&W
$ 307,MOD
Urei red as GUnoted
11 /9-1/ap
1%-'2016-73
R�5ou3�iahl
APPROPRIATING $307,638.00 FOR THE REMOVAL AND
REPLACEMENT OF UNDERGROUND STORAGE TANKS
(Sponsored by Mayor Richard A. Cohen)
WHEREAS, The Massachusetts Department of Environmental Protection("MassDEP")
promulgated underground ("UST") regulations on January 2, 2015 that replaced the
Massachusetts Department of Fire Service regulations at 527 CMR 9.00; and
WHEREAS, MassDEP's UST regulation 310 CMR 80.15 requires that all single-walled steel
tanks must be removed or permanently closed-in-place by August 7, 2017; and
WHEREAS, additionally the following requirements have to be completed by UST systems by
January 2, 2017:
a. All spill buckets have to be tested and, if necessary, repaired or replaced in accordance
with 310 CMR 80.21(1)(a) and 28(2)(g);
b. All turbine, intermediate and dispenser sumps have to be tested and, if necessary,
repaired in accordance with 310 CMR 80.27(7) and (8);
c. All Stage 11 vapor recovery systems have to be decommissioned in accordance with 310
CMR 7.24(6)(1), if applicable; and
d. New Stage I vapor recovery requirements have to be met in accordance with 310CMR
7.26(3)(b), if applicable.
WHEREAS, the Town of Agawam desires to repair and replace underground storage tanks by
January 2, 2017 which may require engineering services and incidental costs related thereto in
the amount of$307,638.00; and
WHEREAS, it is in the Town of Agawam's best interests to remove and/or replace
underground storage tanks prior to January 2, 2017
NOW THEREFORE,the Agawam City Council hereby resolves to authorize the following:
That$307,638.00 is appropriated to pay costs of removing and replacing underground storage
tanks, including the payment of costs of related engineering services and all other costs
incidental and related thereto, and to meet this appropriation, the Treasurer, with the approval of
the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44 §7(1) of the
Mass. General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of
the Town Therefor. Any premium received by the Town upon the sale of any bonds or notes
approved by this order, less any such premium applied to the payment of costs approved by this
order in accordance with Chapter 44 § 20 of the General Laws, thereby reducing the amount
authorized to be borrowed to pay such costs by a like amount.
TO-2016-73
AN ORDER APPROPRIATING $307,638.00 FOR THE REMOVAL AND
REPLACEMENT OF UNDERGROUND STORAGE TANKS
(Sponsored by Mayor Richard A. Cohen)
WHEREAS, The Massachusetts Department of Environmental Protection ("MassDEP")
promulgated underground ("UST") regulations on January 2, 2015 that replaced the
Massachusetts Department of Fire Service regulations at 527 CMR 9.00; and
WHEREAS, MassDEP's UST regulation 310 CMR 80.15 requires that all single-walled steel
tanks must be removed or permanently closed-in-place by August 7, 2017; and
WHEREAS, additionally the following requirements have to be completed by UST systems by
January 2, 2017:
a. All spill buckets have to be tested and, if necessary, repaired or replaced in accordance
with 310 CMR 80.21(1)(a) and 28(2)(g);
b. All turbine, intermediate and dispenser sumps have to be tested and, if necessary,
repaired in accordance with 310 CMR 80.27(7) and (8);
c. All Stage II vapor recovery systems have to be decommissioned in accordance with 310
CMR 7.24(6)(1), if applicable; and
d. New Stage I vapor recovery requirements have to be met in accordance with 310CMR
7.26(3)(b), if applicable.
WHEREAS, the Town of Agawam desires to repair and replace underground storage tanks by
January 2, 2017 which may require engineering services and incidental costs related thereto in
the amount of$307,638.00; and
WHEREAS, it is in the Town of Agawam's best interests to remove and/or replace
underground storage tanks prior to January 2, 2017
NOW THEREFORE,the Agawam City Council hereby resolves to authorize the following:
That $307,638.00 is appropriated to pay costs of removing and replacing underground storage
tanks, including the payment of costs of related engineering services and all other costs
incidental and related thereto, and to meet this appropriation, the Treasurer, with the approval of
the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44 §7(l) of the
Mass. General Laws,or pursuant to any other enabling authority,and to issue bonds or notes of
the Town Therefor. Any premium received by the Town upon the sale of any bonds or notes
approved by this order, less any such premium applied to the payment of costs approved by this
order in accordance with Chapter 44 § 20 of the General Laws, thereby reducing the amount
authorized to be borrowed to pay such costs by a Iike amount.
Dated this day of , 2016
PER ORDER OF THE AGAWAM CITY COUNCIL
James P. Cichetti, President
APPROVED A^S TO FO AND LEGALITY
��' l
Patrick M. Toney, City Solicitor
Commonwealth of Massachusetts
Executive Office of Energy&Environmental Affairs
Department of Environmental Protection
Charles D.Baker Makftw A.Benton
Governor 3eorelary
Keryn E.Polito
Lieutenant Gmamor Mariifn Suuberg
Comrnlsa Toner
Dear Single Wall Steel Tank Owner,
The Massachusetts Department of Environmental Protection('MassDEP )promulgated underground storage tank
(UST)regulations on January 2,2015 that replaced the Massachusetts Department of Fire Service("DFS")
regulations at 527 CMR 9.00. MassDEP records indicate that you are the owner of one or more single-walled steel
tanks at:
Facility Name
123 Main Street
Town,MA 0000D
MassDEP wants to remind you of several Important upcoming deadlines.MassDEP's UST regulation(310 CMR
80.15)requires that all single-walled steel tanks must be removed or permanently dosed-In-place by August 7,
20171. This requirement was carried over from the DFS regulation at 527 CMR 9.05(G)(10),and has been in effect
since March 21,2008.
MassDEP's UST Regulation allows tanks to be permanently dosed-in-place only if they cannot be removed from
the ground without removing a building,or the removal would endanger the structural integrity of another UST,
structure,underground piping or underground utilities.
In addition,the following requirements have to be completed by UST systems by January 2,2017;
• All spill buckets have to be tested and,if necessary,repaired or replaced in accordance with 310 CMR
80.21(1)(a)and 28(2)(g);
• All turbine,Intermediate and dispenser sumps have to be tested and,If necessary,repaired in
accordance with 310 CMR 80.27(7)and(8),
• All Stage II vapor recovery systems have to be decommissioned in accordance with 320 CMR 7.24(6)(1),if
applicable;and
• New Stage I vapor recovery requirements have to be met In accordance with 310 CMR 7.26(3)(b),if
applicable.
If you remove your single-walled steel tank or permanently close it In place before January 2,2017,you will not
need to comply with requirements for testing spill buckets and sumps(and repairing or replacing them If they do
not pass the tests). If a single-walled steel tank supports a Stage II system that has not yet been decommissioned,
the Stage II system can be decommissioned when the tank is removed,and there would be no need to implement
Stage I requirements for the single-walled steel tank.
MassDEP has established three alternatives in which you can meet the removaVpermanent closure-fn-place
requirement for a SWS tank:
1. Pass the tests required for spill buckets and sumps by January 2,2017 a nd remove or close-in-place your
SWS USTs by August 7,2017.
2. Take your single-walled steel tanks"Temporarily Out-of-Service"(TOS)in accordance with 310 CMR 8D.42
by January 2,2017,and permanently close in place or remove the tank(s)by August 7,2017. If you take
your single-walled steel tanks TO5 before January 2,2027,MassDEP wl li not requi re you to:
1 The following types of tanks are exempt from this requirement:consumptive use tanks,tanks refined prior to August 8,2007
in accordance with applicable requirements,and"wrapped'tanks(fiberglass,carbon fiber or plastic compounds).
UST ENGINEERING
rghe&Bond
Englneem I Environmentat Specialists
A-09143-01
October 28, 2016
Mr. Christopher Golba
Superintendent
Department of Public Works
Public Works Municipal Annex
1000 Suffield Street
Agawam, MA 01001
Re: Phase YI
Engineering Design of Storage Tank Replacements
Dear Mr. Golba:
Tighe & Bond is pleased to provide this proposal to the Department of Public Works continue
working on the Pump Station Fuel Storage Tanks Replacement Project. The Scope of Work
outlined below Is Intended to provide the DPW with construction phase services to Include
construction administration, constriction observation and Licensed Site Professional (LSP)
services through completion of the project as detailed below.
As outlined in our previous scope, existing USrs at the following pump stations will be
replaced with aboveground storage tanks:
Table 1
Tank Inventory
Tank Location EKlating Tanis Cepadty Proposed Tank Capacity
(Galk►ns) (Gailions)
School Street 2,000 1,500
North Street 500 750
South Street 2,000 1,500
Pleasant Valley 500 Soo
Scope of Services
Services During Construction
In the development of this proposal, we have assumed that the construction duration Is
approximately 90 calendar days. The budget for services during construction Is based on a
3-month construction duration and includes site visits to observe the work during the active
construction period.
1.1 Perform Construction Adminlsotration - Provide shop drawing review and general
construction administration services to support the project as necessary, and respond
to requests for Information as required. We will review and verify change order
requests, which may arise during the course of the project.
53 Southampton Road • westmeld, MA 01085-5308 @ Tel 413.562.1600
www,00hebQn .com
1.2 Conduct Field Visits - Conduct construction observation field visits during the
construction activity. Tighe & Bond has assumed part-time observation visits during
the active construction perlod. Services to include field checking of the construction
contractor's shop and working drawings and comparing them with the approved plans;
calculation and measurement of pay quantities; observing the Contractor's work to
determine, In general, if the work Is proceeding In accordance with the Contract
Document and all similar work related to the construction Contractors' activities. It
shall be understood that due to the part-time nature, there will be portions of the
construction that will be performed at times where Tighe & Bond will not be present
on-site. Nothing contained herein shall relieve the Contractor of its Independent
obligations under Its contract with the Town In performing its services. Tighe & Bond
will not be responsible for the Contractor's failure to perform the work in accordance
with the Contract Documents, or for the Contractor's construction methods and
procedures, or the safety precautions or programs incident thereto. We will develop a
punchlist for each facility as work progresses at each pump station.
1.3 Licensed Site Professional Services - Tighe & Bond will provide observation
services for the removal of three (3) UST systems and the closure-In-place of one (1)
UST system as part of this project.
A Tighe rI< Bond environmental scientist (L SP representative) will be on-site to observe
the removal and closure of the existing UST systems at each facility and collect
confirmatory soil samples from the tank and piping excavation. We will perform soil
field screening for volatile organic compounds (VOCs) using a photolonization detector
(PID) and total petroleum hydrocarbons (TPH) using a Dexsll Petrofiag hydrocarbon
analyzer kit. Confirmatory samples will be collected from the UST and piping
excavations. Representative soil samples will be submitted to a certlfled Massachusetts
laboratory for extractable petroleum hydrocarbon (EPH) analysis and volatile
petroleum hydrocarbons (VPH).
Assuming field screening and laboratory analysis show that a release has not occurred,
we will prepare a report detailing the removal, which will Include laboratory data and
the required Massachusetts Department of Environmental Protection (MassDEP) tank
removal notifications. Documentation of the removals and closure will be submitted to
the Fire Department and the MassDEP on behalf of the Town.
1.4 Develop Record Drawings - Tighe & Bond will update the design drawings to reflect
changes made during construction, as documented by the Contractor. We will provide
the Town with a set of record drawings and an electronic copy of same.
Limitations
V In the event that a release from one or more of the UST systems Is discovered Tighe &
Bond will advise the Town of their reporting obligations required by 310 CMR 40.000,
the Massachusetts Contingency Plan (MCP), With the Town's approval, Tighe & Bond
will also provide timely notification, or assist the Town with providing notification to
the MassDEP. Assessment, additional reporting, LSP and environmental remediation
services related to a release of fuel oil will be provided under a separate agreement.
2 -
rqho&Ba1d
Proposed Fee
Tighe & Bond will perform these services for a not to exceed fee of$37,500. These services
will be Invoiced at the Company's standard billing rates. Reimbursable expenses performed
by other than Tighe & Bond employees, such as subcontractors, materials purchased
directly for this project, and permitting fees will be invoiced at cost plus ten percent.
Reimbursable expenses such as In-house field supplies and equipment rental, tolls and
parking, overnight mailings and bulk notification mailings, and in-house printing shall be
invoiced at cost or unit costs as applicable. Tighe & Bond does not charge clients for Items
such as regular mailings of project documents, telephone or fax communications or
computer usage. In the event that the scope of work Is increased for any reason, the
Ilmiting fee to complete the work shall be mutually revised by written amendment. Our
attached Terms and Conditions Is part of this letter agreement.
Acceptance
if the proposed scope, fee, schedule and our attached Terms and Conditions are acceptable,
please sign this letter on the next page and return It to Tighe &Bond as our authorization to
proceed. Please contact Gary Roberts at (413) 875-1316 or me at (413) 572-3231, If you
have any questions. Thank you for considering Tighe &Bond to perform these services.
Very truly yours,
TIGHE & BOND, INC.
Peter M. Vallnski P.E.
Vice President
Enclosures: Terms and Conditions
]:W W09141,PRDP QST Rep[vw, MWgawnm Full Tank Upgrades Phase Mdoc
- 3 -
rghM and
RV WITNESS WIM-REOF, the parties hereunto have signed this Contract as a sealed mstn went on this day of
,20,
TOWN OF AGAWAM THE VENDOR
By: By.
Richard A Cohen;Mayor Peter M.Valinad C.cnpor%e Officer
By; Tighe A Bond.Inc.
Department Head Name of Vendor
AccW vice Prmident _
Title of Vendor
By. 53 Southaumtvn Rd.
Jew Bonfiglio; Street Address
ChiefProcurement Officer
By. WidfigkL MA 01095
Vince Giosciw,Town Solicitor Town,State and Zip
Certified as to Form and Legality
By: Q¢2821431
Chmyl St.John;Town Auditor Tax ID or Social Se ti ity No.
FOR CORPORATIONS ONLY:
By:
Clerks'Signature
Chief Financial Officer,Clerk
O the aContrad unim"of A*
iR4gj11•br.herby ml f m under theussWdn of m wlgry that to the bed of thetr JmuwlWn lmd bdW the Qm23m
Imp tom m mft o1 Lyn "e Co mnonwealtL reisttas to txuea. 022Waa ar em9193= and QoatraetM pad
withholdla4 and Ufa ehlld sntinort.
Authorized Signature of Seller:
- 4 -
TERMS AND CONDITIONS 1 of 3 REV. 10/15
S. RECORD RE 1 oN
"CLIENT" is de4lned In the acceptance line ofwrt
the accompanying proposal letter or the name s ENGINEER will retain pert records relating to the
the (proposal Its Issued to; Ylghe IL Bond, Inc. Its serum performed required
for the time required by law, during which
period the records will be made available upon reasonable
hereby referenced aJs"ENGINIEER". request and upon relmbursement for any applicable
1. SCHEDULE OF PAYfgt'sNTS
retrieval/copying charges.
1.1 Invoices will generally be submitted once a month for 5.2 Samples - All soll, rock and water samples will be
services performed during the previous month. Payment will unless
30 days after submission of ENGINEERS report,
be due within 30 daysof Invoice date. Monthly payments to unless mutually agreed otherwise or unless ENGINEER'S
customary practice is to retain for a forger period of time for
ENGINEER shall be made on the basis of Invoices submitted by the spec& type of services which ENGINEER has agreed to
ENGINEER and approved by CLIENT. If requested by CLIENT, perform. Upon request and mutual agreement regarding
monthly Invoices may be supplemented with such supporting applicable charges, ENGINEER wall ship, deliver and/or shore
data as reasonably requested to substantiate them. samples for CLIENT.
1.2 In the event of a disagreement as to billing,the CLIENT g. OVMERSHIP OF DOCU142UM
shall pay the agreed portion.
1.3 Interest will be added to accounts Ir smears at the rate 6.1 All reports, drawings, spedficatlons, computer files, field
of one and one-half (1.5) percent per month (18 percent per data,electronic
format
and other documents, whether I I paper or
annum) or the maximum rate allowed by law, whichever is of service
format shall
otherwise("documents',are instruments
less, of the outstanding balance. In the event counsel is of shall
rloe and shall remain the property a ENGINEER, which
retained to obtain payment of an outstanding balance,CLIENT shall retain all common law, statutory and other reserved
rights inducing, without limitation, the copyright thereto.
will reimburse ENGINEER for all reasonable attorneys fees and CLIIM's payment to ENGINEER of the compensation set forth
court costs. In the Agreement shall be a condition precedent bo the
1.4 If CLIENT falls to make payment In full within 30 days CtIENI"s right to use documents prepared by ENGINEER.
of the date due for any undisputed billing, ENGINEER may, 6.2 Documents provided by ENGINEER are not Intended or
after giving seven days' written notice to CLIENT, suspend represented to be suitable for reuse by CLIENT or others on
service's and retain work product until paid In full, Including any extension or modification of this project or for any other
Interest. In the event of suspension of services, ENGINEER Projects or sines. Documents provided by ENGINEER on this
will have no liability to CLIENT for delays or damages caused project shall n In whole or In ot, part, be dlssemtrheted or
by such suspension. conveyed to any other party, not used by any other party,
2. SUCCOSSORS ARID ASSIGNS other than regulatory agendas, wlthout the prior written
consent of ENGINEER. Reuse of documents by CLIENT or
2.1 CLIENT and ENGINEER each binds Itself, Its partners, others on extensions or modifications of this project or on
successors, assigns and legal representatives to the other other sites or use by othens on this project, without
parties tD this Agreement and to the partners, successors, ENGINEM wrhtterh permission and mutual agreement as to
assigns and legal representatives of such other parties with scope of use and as to compensation,If applicable, shall be at
respect to all covenants of this Agreement. ENGINEER shall the users sole risk, without liability on ENGINEER's part, and
not assign, sublet or transfer Its interest In this Agreement CLIENT agrees to Indemniy and hold ENGINEER harmless
without the written consent of CLIENT,which consent shall not from all dalms, damages, and expenses, Including attonhey's
be unreasonably withheld. fees,arising out of such unauthorized use or reuse.
2.2 This Agreement represents the entire and Integrated 43.3 Electronic Documents- ENGINEER cannot guarantee the
Agreement between CLIENT and ENGINEER and supersedes all authenticity, integrity or completeness of date flies supplied In
prior rwgotlatlons, representations or Agreements, whether electronic format. If ENGINEER provides documents In
written or oral. This Agreement may be amended only by electronic format for CLIENT%convenience, CLIENT agrees to
written Instrument signed by botch CLIENT and ENGINEER. waive any and all claims against ENGINEER resulting In any
2.3 Nothing contained In this Agreement shall create a way from the unauthorized use,alteration, misuse or reuse of
contractual relationship or cause of action in favor of a third the electronic documents, and to defend, Indemnify,and hold
party against`CUENT or against ENGINEER. ENGINEER harmless from any claims, losses, damages, or
costs,Including attorneys fees,arising out of the unauthorized
3. STANDARD OF CARE use, alteration, misuse or reuse of any electronic documents
3.1 In performing professional services, ENGINEER will use provkfed to CLIENT.
that degree of care and skill ordinarily exercised under similar 0.4 Electronic Data Bases - In the event that ENGINEER
circurnstances by members of the pro Ion practicing In the prepares electronic data bases, geographical Information
same or similar locality. system (GIS)deliverables,or similar electronic documents, it
Is acknowledged by CLIENT and ENGINEER that such project
4. TMMINATION dellverables will be used and perhaps modified by CLIENT and
4.1 This Agreement may be terminated by after party upon that ENGINEER's obligations are limited to the delverables
seven days'written notice In the event of substantial failure by and not to any subsequent modifications thereof, once
the other party to perform in accordance with the berms hereof CLIENT accepts the delivery of maps, databases, or similar
through no fault of the terminating party. In addition, CLIENT documents developed by ENGINEER, ownership Is passed to
may terminate this Agreement for Its convenience at any time CLIENT. ENGINEER will retain the right to use the developed
by giving written rhotk:e to ENGINEER. In the event of any data and will archive the data for a period of three years
termination, CLIENT will pay ENGINEER for all services from the date of project completion.
rendered and reimbursable expenses Incurred under the
Agreement to the date of termination and all services and
expenses related to the orderty termination of this Agreement.
TERMS AND CONDITIONS 2 of 3 REV. 10/15
7. INSURANCE 9. SITE ACCESS
7.1 ENGINEER will retain Workmen's Compensation 9.1 Right of Entry - Unless otherwise agreed, CLIENT will
Insurance, Professional Liability Insurance with respect to fumish dght-of-entry on the land for ENGINEER to make any
liabilities arising from negligent errors and omissions, surveys, borings, explorations, tests or similar field
Commercial General Liability Insurance, Excess Liability, and Investigations. ENGINEER will take reasonable precautions to
Automobile Liablllty during this project. ENGINEER will fumish limit damage to the land from use of equipment, but the cost
certificates at CUENrs request. for restoration of any damage that may result from such field
7.a Risk Allocation - For any claim, loss, damage, or liability Investigations Is not Included In the agreed compensation for
7.2 PJs from error, omission, or other pror liaksnal ENGINEER. If restoration of the land Is required to Its former
results nee In the performance n, services, the liability of condition, upon mutual agreement this may be accomplished
neglENGINEER to all claimants with respect to this project will be as a reimbursable additional service at cast plus can percent.
limited to an aggregate sum not to exceed $50,000 or 9.2 Damage to Underground Structures - Reasonable care
ENGINEER's compensation for consulting services, whichever will be exercised In locating underground structures In the
Is greater. vicinity of proposed subsurface explorations. This may include
7.8 Damages - Notwithstanding any other provision of this contact with the local agency coordinating subsurface utility
information and/or a review of plans provided by CLIENTor
Agreement,and to the fullest extent permitted by law,nelther d.
CLIENT nor ENGINEER, their respective officers, directors, CLIENT representatives for the site to be fbrnm g n or
partners, employees, contractors or subconsultants shall be ENGINEER shall be entitled to rely upon any the absent or
liable to the other or shall make any claim for any Incidental, *dens prepared rg made available to others. In the absence of
aonfin„� underground structure locations, CLIENT agrees to
Indirect or consequential damages arising out of or connected accept the ns°of damage and costs associated with repair and
in any way to the project or to this Agreement. This mutual restoration of dam: resultin
waiver of certain damages shall Include, but is not limited "- 9 from the exploration work.
loss of use, loss of profit,loss of business,loss of Income, loss IQ OIL AND HAZARMUS i„ATERIALS
of reputation and any other consequential damages that may
be Incurred from any came of action Including negligence, 10.1If, at any time, evidence of the existence or possible
strict liability,breach of contract and breach of strict or Implied existence of asbestos, oil, or other hazar;a!s materials or
warranty. Both CUENT and ENGINEER shall require similar substances is discovered, ENGINEER reserves the r!gInt to
waivers of consequential damages protecting all the entities or renegotiate the terms and conditions of this Agreement, the
persons named herein In all contracts and subcontracts with fees for ENGINEEWs servfoes and ENGINEER's continued
others Invohred In this project. Involvement In the project. ENGINEER will notify CLIENT as
soon as practical If evidence of the existence or possible
8. INDE9WIFICATION AND DISFUTR R2SOLUTION existence of such hazardous materials or substances Is
8.1 ENGINEER agrees, to the fullest extent permitted by dh=mred.
law, to indemnify and hold CLIENT harmless from any 10.2The discovery of the existence or possible existence of
damage, Ilablitty or cost to the extent caused by ENGINEER's hazardous materiels or substances may make It necessary for
negligent acts, errors or omissions In the performance of ENGINEER to take accOerated action to probatt human health
professional services under this Agreement and those of its and safety, and/or tine environment. CLIENT agrees to
subeansuftants or anyone for whom ENGINEER Is legally compensate ENGINEER for the cast of any and all measures
liable. ENGINEER is not obligated to Indemnify CLIENT In any that In its professional opinion are appropriate to preserve
manner whatsoever for CUENI's own negligence. and/or protect the health and safety of the public, the
8.2 CLIENT agrees, to the fullest extent permitted by law, environment,and/or ENGINEER's personnel. To the full extent
tD indemnify and hold ENGINEER harmless from any permitted by law, CLIENT waives any clairns against
ENGINEER and agrees to Indemnify,defend and hold harmless
damage, ilabllity or cost to the extent caused by CUENT's ENGINEER from any and all claims, Josses,damages, liability,
negligent acts,errors or omissions In the performance of this and r rig t,Muding but not llmltod to cost of defense, arising
Agreement or anyone for whom CLIENT Is legally liable. out of or In any way connected with the existence or possible
CLIENT Is not obligated to IndemNfy ENGINEER In any ploytance of such hazardous materials substances at the site.
manner whatsoever for ENGINEER's own negligence.
8.3 CLIENT agrees that any and all limitations of 11. SUBSURFACE XPJV2 IDATtO;IS
ENGINEER's liability, waivers of damages by CLIENT to 11.1In soils, groundwater, and other subsurface
ENGINEER shall Include and extend to those Individuals and Investigations, conditions may vary significantly between
entitles ENGINEER retains for perfomunce of the services successive test points and sample Intervals and at locations
under this Agreement, including but not limited to other than where observations, exploration, and
ENGINEER's*Mcers, partners,and employees and their heirs investigations have been made. 9ecause of the variability of
and assigns, as well as ENGINEER's subconsultants and their conditions and the Inherent uncertaintfes In subsurface
officers,employees,and heirs and assigns.. evaluations, changed or unanticipated underground
conditions may occur that may affect overall protect costs
GA In the event of a disagreement arising out of or relating and/or execution. These variable conditions and related
to this Agreement or the services provided hereunder, Impacts on cost and project execution are not the
CLIENT and ENGINEER agree to attempt to resolve any such responsibility of ENGINEER.
disagreement through direct negotiations between senior,
authorized representatives of each party. If any la. FEDERAL AND STATE REGULATORY AflgPiCY
disagreement Is not resolved by such direct negotiations, AUDrM
C11E 'T and ENGINEER further agree to consider using
mutually acceptable non-binding mediation service In order 12.1 For certain services rendered by ENGINEER,documents
to resolve any disagreement without litigation. filed with federal and state regulatory agencies may be
audited after the date of filing. In the event that CLIENT''s
project Is selected for an audit, CLIENT agrees to compensate
ENGINEER for time spent preparing for and complying with an
TERMS AND CONDITIONS 3 of 3 REV. 10/15
agency request for Information or Interviews In conjunction 15.3 On-site Responsibility - The presence of ENGINEER's
with such audit. CLIENT will be notified at the time of any personnel at a construction site is for the purpose of
such request by an agency,and ENGINEER will Invoke CLIENT providing to CLIENT on increased degree of confidence that
based on Its standard billing rates in effect at the time of the the completed construction work will conform generally to
audit. the construction documents and that the design concept as
13. CLIIFNT'a tiPSPOlt15IBILTTIIrS reflected in the construction documents generally has been
Implemented and preserved by the construction
13.1 Unless otherwise stated In the Agreement, CLIENT will tontractor(s). ENGINEER neither guarantees the
obtain,arrange, and pay for all notices, permits,and licenses performance of the construction contractors) nor assumes
required by local, state, or federal authorities; and CLIENT responsibility for construction contractor's failure to perform
will make available the land, easements, rights-of-way, and work In accordance with the construction documents,
access necessary for ENGINEER's services or project 15.4 Payment Recommendations - Recommendations by
Implementation. ENGINEER to CLIENT for periodic construction progress
13.2CLIENT will examine ENGINEER's studles, reports, payments to the construction contractor($) are based on
sketches, drawings, specifications, proposals, and other ENGINEER's knowledge, Information, and belief from
documents and communicate promptly to ENGINEER In the selective observation that the work has progressed to the
event of disagreement regarding the contents of any of the point indicated.Such recommendations do not represent that
foregoing. CLIENT, at Its own cost, will obtain advice of an continuous or detailed examinations have been made by
attorney, Insurance counselor,accountant, auditor,bond and ENGINEER to ascertain that the construction contractor(s)
financial advisors, and other consultants as CLIENT deems have completed the work In exact accordance with the
appropriate; and render in wrtdng decisions required by construction documents; that the final work will be
CLIENT In a timely manner. acceptable In all respects; that ENGINEER has made an
14. OPIRIIORIS OR C05f FINANCIAL ARIALYS2S examination to ascertain how or for what purpose the
, construction contrector(s) have used the moneys paid; that
12OOR1OMC FEASIBILITY PRO32CTIOFJS, ARID title to any of the work, materials, or equipment has passed
SCHEDULES to CLIENT free and dear of dens, claims, security Interests,
14.1 ENGINEER has no control over cost or price of labor and or encumbrances; or that there are no other matters at issue
materials required to implement CLIENTS project, unknown between CLIENT and the construction contractors that affect
or latent conditions of existing equipment or structures that the amount that should be paid.
may affect operation or maintenance costs, competitive 13.3 Record Drawings- Record drawings, If required as part
bidding procedures and market conditions, time or quality of of ENGINEER's agreed scope of work, will be prepared, in
performance by operating personnel or third parties, and part, on the basis of Information complied and furnished by
other economic and operational factors that may materially others, and may not always represent the exact location,
affect the ultimate project cost or schedule. Therefore, type of various components, or exact manner In which the
ENGINEER makes no warranty, expressed or Implied, that project was finally constructed. ENGINEER Is not responsible
CLIENT'$ actual project costs, financial aspects, economic for any errors or omisslons In the information from others
feasibility, or schedules will not vary from any opinions, that are Inmrporated Into the record drawings.
analyses, projections, or estimates which may be provided it3. DESIGN tMTiQOIlT OOItISTRIICTIOPI PHL~4e
by ENGINEER. If CLIENT wishes additional Information as to
any element of project oast,feasibility, or schedule, CLIENT SERVICES
at its own cost will employ an Independent cost estimator, The following provisions shall be applicable should the
contractor,or other appropriate advisor. ENGINEER not provide Construction Phase Services In
15. CONS MUCTION PRASE PROVMOPJS connection with the PROJECT:
15.1 CLIENT and Contractor - The presence of ENGINEER's 141.1It Is understood and agreed that the ENGINEER's Scope
personnel at a construction site, whether as onslte of Servers under this proposal does rot Include project
representatives or otherwise, does not make ENGINEER or observation or review of the Contractor's performance or any
ENGINEER's personnel In any way responsible for the other construction phase services,and that such servlees will
obligations,duties,and responsibilities of the CLIENT and/or be provided by the CLIENT or others. The CLIENT assumes
the constriction contractors or other entitles, and does not all responsibility for Interpretation of the Contract Documents
relieve the construction contractors or any other entity of and far construction observation,and the CLIENT wolves any
their respective obligations, duties, and responsibilities, claims against the ENGINEER that may be in any way
Including, but not limited to, all construction methods, connected thereto.
means,techniques, sequences,and procedures necessary for 16.21n addition, the client agrees, to the fullest extent
coordinating and completing all portions of the construction permitted by law, to Indemnify and hold harmless the
work In accordance with the construction contract documents ENGINEER, Its officers, directors, employees and
and for providing and/or enforcing all health and safety subconsultants(collectively,ENGINEER)against all damages,
precautions required far such construction work. liabilities or costs, Including reasonable attorney's fees and
15.2Contractor Control - ENGINEER and ENGINEER's defense costs, arlsing out of or in any way connected with
personnel have no authority or obligation to monitor, to the performance of such services by other persons or entities
Inspect, to supervise, or to exercise any control over any and from any and all claims arising from modifications,
construction contractor or other entity or their employees in clarifications, Interpretations, adjustments or changes made
connection with their work or the health and safety to the Contract Documents to reflect changed field or other
precautions for the construction work and have no duty for conditions,except for claims arising from the sole negligence
inspecting, noting, observing, correcting, or reporting on or willful misconduct of the ENGINEER,
health or safety deficiencies of the construction contractor(s)
or other entity or any other persons at the site except J.'W zuas r�►asoor�rnon�sm�Msarx»morlsarsnars,00c
ENGINEER's own personnel.
Tkjhe&B(md
Engineers I Environmental Specialists
A-09143-01
October 28, 2016
Mr. Christopher Golba
Superintendent
Department of Public Works
Public Works Municipal Annex
1000 Suffield Street
Agawam, MA 01001
Re: Recommendation of Award
Pump Station Fuel Storage Tanks Replacement Project
Dear Mr. Golba:
As requested, we have reviewed the bid of the low bidder for the aforementioned project and
completed a financial reference check.
The Agawam Department of Public Words received bids for the Pump Station Fuel Storage
Tanks Replacement Project on Wednesday, October 19, 2016. A copy of the bid tabulations
Is attached. A total of five bids were received ranging from a low of$270,138.00 to a high of
$305,012.95, summarized as follows,
Contractor _ _ R Old Amount
SRS Petroleum Services $270,138.00
Lemelin Environmental Services, Inc. $273,934.00
Enpro Services, Inc. $290,760.00
Sovereign Builders, Inc. $305,012.95
Our opinion of probable construction cost for the project was $300,000.00, which Included a
10% contingency. Based on our opinion of probable construction cost and the current activity
In the construction Industry, we believe that the low bid is reasonable for the project work.
The low bidder Is SRS Petroleum Services of 700 West Center Street, West Bridgewater, MA
02379. According to the Bidder's Qualification Statement, SRS Petroleum Services has been
in business since July 12, 2005. SRS Petroleum Services bid acknowledges receipt of
Addendum No. 1, and their bid response appears to be complete and In compliance with the
requirements set forth In the Bid Documents (Section 00200 - Instructions to Bidders).
Their surety company, Philadelphia indemnity Insurance Company, has an "A++, Superior"
rating and a financial size category Class XV ($2 Billion or greater) with A.M. Best Company,
which meets the requirements of the General Conditions.
We reviewed the current and completed project list provided by SRS Petroleum Services and
contacted several references. The references were contacted by telephone to verify SRS
Petroleum Services' performance with regard to work schedules on previous projects, quality
of workmanship, cooperation, and overall satisfaction. Based on the telephone Inquiries, we
were Informed that SRS Petroleum Services performed provided a good finished project
without unnecessary delays. The contacted references would recommend SRS Petroleum
Services for subsequent projects.
53 Southampton Road # Westfield, MA 01085-5308 Tel 413.562.1600
W-ww.Ugbe d.cam
UST REMOVAL / REPLACEMENT
r#*8CBond
Tighe & Bond has worked with SRS Petroleum Services on past projects and have observed
quality work from them, and based on their performance, we would recommend them for this
project.
Based on the above Information, we recommend that the Contract for the Pump Station Fuel
Storage Tanks Replacement Project be awarded to SRS Petroleum Services, conditional upon
receipt of the required Performance and Payment Bonds and certificate of Insurance.
If you have any questions regarding this matter, please call us.
Very truly yours,
TIGHE & BOND, INC.
a ZL�t.
Peter M. Vallnskl, P.E.
Vice President
Enclosure: Sid Tabulation
]:M AMM0349T Replacement Prked%BW1npl6d.K=nendWon.do«
x
TWw&Bcnd
!Summary of Bids Received iBddder: ;Bidder: (Bidder: Bidder:
For: Pump Station Fuel Storage Tanks Replacement Project Sovereign Bullder9r Inc, !Lemelln Environmental ;SRS Petroleum Services jEnpro Services, Inc.
Date: October 19,2016, 2:00 pm i Services,Inc.
Location: Agawam Deparimsnt of Public Works
1000 Suffield Stree
t,Agawam, MA Phane: 413-527-8001 Phone: 413-598-8555 Phone: 508-232-7760 :Phone: 508-966-6000
(Engineer: Tighe&Bonder Inc. IFax: 413-529-9988 ;Fax: 413-598-8511 Fax: 508-232-7780 IFax: 508-966-4861
Atem No. I Description Total price Total price Total price Total price
l 1 I ;School St. P.S. UST Closure-in-Place I, $24,304.86 I $17,080.00 I $8,381.00 I $13,000.00 I
2 1 +;School St. P.S. 1,500-gal.AST Installation $60,004.24 ! $63,540.00 F $55,029.00 I $65,300.00
3 1 Morth St. P.S. UST Removal $19,343.86 1 $15,020.00 l $10,945.00 I $15,250.00
4 1 ;North St. P.S. 750-gal, AST Instailation $53,033.49 1 $44,630.00 • $57,486.00 $56,830.00
5 — ` lSouth 5t. P.S. UST Removal _ _ $20,795_33 f $15`800.00 I $10,945.00 f $15,550.00 I
6 i ;South St. P.S. 1,500-gal. AST Installation $59,031,02 I $59,430.00 $62,273.00 $53,660.00
7 1Pleasant Valley P.S. UST Removal . _ $19.481.36`._ _ $14,520_00_ _ $14,910.00 $15,350.00 l
8 I !Pleasant Valley P.S. 500-gal AST Installation I $49,018.82 $43,914.00 I $50,169.00 - $55,820.00
'Toter Amount of Bid $305,012.95*** � $273,934A0 I $270,138.O0 $290,760.00 )
Old Bond Pr+ovlded Yes Yes Yes Yes
Bid Signed Yes Yes Yes Yes
Addendum Acknowledged Yes Yes Yes Yes
***The proposed contract price written In Section 5.3 of the Bid Form was$312,757.50,which does not equal the total or the bid items detailed above. This bid is
dlsqualifed from consideration as a result.
XA►AM4W 4JST fto toemeni Pipiod idOVIBid Summery-dslR m 10l181 %
WASTE WATER
PUMP STATION (UST REPLACEMENT)
Engineering $ 37,500.00
Removal& Replacement $ 270,138.00
$ 307,638.00
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1- Locke Lord
�� 111 Huntinglon Avenue
Locke
Boston,MA 02-0100
,� Telephone:617-239-01DO
LLP Fax:6 ckelor 4420
.com
Lord
www•lockelnrd.cam
Richard A. Manley,Jr.
Direct Telephone: 617-239-0384
Direct Fax: 866-658-1046
richard.manlcy®lockelord.com
November 1, 2016
Ms. Laurel A. Placzek, CPA
Treasurer-Collector
Town of Agawam
36 Main Street
Agawam, Massachusetts 01001-1837
Dear Laurel: (Removal and Replacement of Underground Tanks)
As requested, I'd suggest the following form of order to authorize a borrowing to pay costs of
removing and replacing underground storage tanks, including the payment of costs of related
engineering services and all other costs incidental and related thereto:
The Agawam City Council hereby resolves to authorize the following:
That$307,638 is appropriated to pay costs of removing and replacing
underground storage tanks, including the payment of costs of related engineering
services and all other costs incidental and related thereto,and to meet this
appropriation,the Treasurer,with the approval of the Mayor, is authorized to
borrow said amount under and pursuant to Chapter 44, Section 7(1)of the General
Laws, or pursuant to any other enabling authority, and to issue bonds or notes of
the Town therefor. Any premium received by the Town upon the sale of any
bonds or notes approved by this order, less any such premium applied to the
payment of the costs of issuance of such bonds or notes,may be applied to the
payment of costs approved by this order in accordance with Chapter 44, Section
20 of the General Laws,thereby reducing the amount authorized to be borrowed
to pay such costs by a like amount.
The order requires two readings and at least a two-thirds vote, as in the case of any other loan
order for bonds. Please call me if there are any questions about the suggested proceedings.
Y s faithfully,
'chard A. Manley,Jr.
AM 60280498.1
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