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HomeMy WebLinkAboutContract #: 603 - From: 07-01-2012 To: 06-30-2015 - Beta Group Inc - Town of North Andover11A Purchase Order Town of Noah Andover No. 142405 384 Osgood Street North Andover MA 01845 P.O. Date: 10/17/2013 Questions ? Ext: Account: P.O. Issued To: Ship To: BETA Group Inc North Andover Public Works 315 Park South Attn: Jo -Ann Lanen Norwood MA 02062 384 Osgood Street North Andover MA 01845 Contact: Tony Garro Senior Associ Location: Public Works (978) 688-9570 Phone: (781) 255-1982 Fax: (781) 255-1974 Project: Chp 90 Project Req# 142576 3732 Reference: Date Required: 10/30/2013 Award Number: 603 Line Qty Unit Part# Description Account Number Unit Price Extended Tax Freight 1 24500 EA CHP 90 - 3732 Engineering 3105011.1.0.0429.3732.2.523900.0000.0000.00.00 1.00 24,500.00 0.00 0.00 services - per scope dtaed 9.9.2013 Approval Log Approved By Date Notes jlanen 10/15/13 Requisition Submitted for Approval bthibodeau 10/16/13 rsantilli 10/16/13 Isavage 10/16/13 amaylor 10/17/13 Iwebster 10/17/13 Purchase Order Created Sub -Total: 24,500.00 APPROVAL SIGNATURES: Freight: 0.00 Tax: 0.00 Total Amount: 24,500.OQ NOTES: Order Via: Mail FILE COPY Thursday, October 17, 2013 Page 1 of 1 Purchase Order Town of North Andover No. 142405 384 Osgood Street North Andover MA 01845 P.O. Date: 10/17/2013 Questions ? Ext: Account: P.O. Issued To: Ship To: BETA Group Inc North Andover Public Works 315 Park South Attn: Jo -Ann Lanen Norwood MA 02062 384 Osgood Street North Andover MA 01845 Contact: Tony Garro Senior Associ Location: Public Works (9 78) 688-9570 Phone: (781) 255-1982 Fax: (781) 255-1974 Project: Chp 90 Project Req# 142576 10/16/13 Isavage 10/16/13 3732 Reference: Iwebster Date Required: 10/30/2013 Award Number: 603 Line Qty Unit Part# Description Account Number Unit Price Extended Tax Freight 1 24500 EA CHP 90 - 3732 Engineering 3105011.1.0.0429.3732.2.523900.0000.0000.00.00 1.00 24,500.00 0.00 0.00 services - per scope dtaed 9.9.2013 Approval Log Approved By Date Notes jlanen 10/15/13 Requisition Submitted for Approval bthibodeau 10/16/13 rsantilli 10/16/13 Isavage 10/16/13 amaylor 10/17/13 Iwebster 10/17/13 Purchase Order Created Sub -Total: 24,500.00 APPROVAL SIGNATURES: Freight: 0.00 RIO— Tax: 0.00 Total Amount: 24,500.00 NOTES: CHP 90 3732 Order Via: Mail FILE COPY Thursday, October 17, 2013 Page 1 of 1 0 Purchase Order Town of North Andover No. 133387 384 Osgood Street North Andover MA 01845 P.O. Date: 11/19/2012 Questions ? Ext: Account: P.O. Issued To: Ship To: BETA Group Inc North Andover Public Works 315 Park South Attn: Jo -Ann Lanen Norwood MA 02062 384 Osgood Street North Andover MA 01845 Contact: Tony Garro Senior Associ Location: Public Works (978) 688-9570 Phone: (781) 255-1982 Fax: (781) 255-1974 Project: Undesignated Req# 133500 Reference: Date Required: 11/22/2012 Award Number: 603 Line Qty Unit Part# Description Account Number Unit Price Extended Tax Freight 1 50000 EA Great Pond RD Culvert & 2061451.1.4.0410.0000.2.523900.0000.0000.00.00 1.00 50,000.00 0.00 0.00 Roadway Improvements Approval Log Approved By bthibodeau rsantilli Isavage amaylor Webster Date Notes 11/08/12 Requisition Submitted for Approval 11/08/12 11/13/12 11/13/12 11/16/12 11/19/12 Purchase Order Created Sub -Total: 50,000.00 APPROVAL SIGNATURES: Freight: 0.00 Tax: 0.00 Total Amount: 50,000.00 NOTES: Order Via: Mail contract on file FILE COPY Monday, November 19, 2012 Page 1 of 1 MW ENGINEERING SUCCESS TOGETHER November 5, 2012 Mr. Bruce D. Thibodeau, P.E., Director Division of Public Works 384 Osgood Street . North Andover, MA 01845 Re: Great Pond Road Culvert & Roadway Improvements Dear Mr. Thibodeau: O�112- Rfl `lu3�i e!ii! F;z �r Below is our scope of services and estimate of design fees associated with the referenced project. PROJECT DESCRIPTION The project involves the evaluation of the,existing Great Pond Road Culvert connecting Rae's Pond with Lake Cochichewick-in� North Andover. Stormwater runoff from past large storm events caused flows to overtop Great Pond Road (Route 133) and flood the adjacent sewer. pumping station. In addition, a sink hole had developed within Great Pond Road, which was repaired by the Town. At this stage, the purpose of this project is to examine the required capacity and opening of a culvert crossing at this location and to provide recommended culvert improvements or replacement alternatives. Later -project -stages -are -anticipated -to -include -replacement -of -the -existing -culvert -and -the -----.-- reconstruction of approximately 200 feet of Great Pond Road (100 ft. either side of the culvert). Reconstruction of Great Pond Road may involve raising its profile to minimize/ prevent flooding of the roadway. Record plans provided by the Town show conflicting information as to the actual size and material of the existing culvert. Most recent plans indicate the -culvert may be a 36" diameter corrugated metal pipe (CMP). The Town has Indicated that, due to the elevation maintained for Lake Cochichewick, the existing culvert is perpetually submerged and its actual size and material make- up cannot be verified by visual inspection. USGS maps indicate that the watershed area is approximately 55 acres and is bounded by Barker Hill to the west; Mount Hayman to the north; Austin and Bryers Hills to the west; and Great Pond Road to the south. The project area is located in the FEMA mapped 100 year flood zone. Lake Cochichewick is a Town water supply and, therefore the culvert is located within a Zone A, Outstanding Resource Water Area. Great Pond Road (Route 133) is a classified as a Rural Major Collector, therefore based on MassDOT design standards, the cross culvert should be sized to accommodate the 50 -year storm event. It is anticipated that the scope of services for this project will advance in a stepped sequence from the preliminary design through final design and construction phase services. Each step along the BETA GROUP, INC. 315 Norwood Park South, 2nd Floor, Norwood, MA 02062 P: 781.255.1982 1 F:781.2S5.1974'1'wr www.BETA•Inc.com M Mr. Bruce D. Thibodeau November 5, 2012 Page 2 of 4 way will require a modification to this initial agreement to include the next set of logical and progressive tasks to complete the project. SCOPE OF SERVICES A breakdown of Preliminary Design Phase Services is provided below. 1.0 Project Initiation & Data Collection 1.1 Conduct initial meeting with the Town to officially initiate the project and identify any key issues or special Town parameters for the project. It is anticipated that the Town will provide to the BETA any available relevant information it may have including stage flood / operational elevations for Lake Cochichewick. 1.2 Compile available data of watershed area to develop a base map including topography, surface and soil conditions. 1.3 Perform field reconnaissance to observe prevailing site and surface conditions within the watershed. Notations will be made on the location of key features such as natural topographic divides, culvert and other drainage features. 1.4 Perform a field survey in order to provide a base plan illustrating the edge of road, centerline of roadway, wetland boundaries, underground utilities, and topography. It is anticipated that the roadway layout lines will be obtained from the Town's Assessor Maps or GIS database. For the purpose of this proposal, a survey of 600 linear feet in either direction of the culvert crossing has been included. It is anticipated that police details and/or traffic control measures, if required, will be provided by the Town. 1.5 Perform wetlands flagging for 600 lineal feet in both directions from the centerline of the culvert and prepare a brief narrative / description of the existing site. Wetland resource area delineation will be performed in accordance with the Massachusetts Wetlands Protection Act (M.G.L c. 131 § 40), and it's implementing Regulations (310 C.M.R. 10.00). 1.6 Perform two (2) subsurface soil borings to identify geotechnical information for design of the culvert. One boring will be extended to a depth of 40' or bedrock, whichever is shallower. A 10 -foot rock core will be extracted if bedrock is . encountered. A second boring will be extended to a depth of 20' or bedrock, whichever is shallower. For the purpose of this fee estimate, one day of drilling with oversight by an engineer documenting the results has been included. The results of the drilling operations will be evaluated for the presence of significant subsurface conditions that could negatively impact the design and/or construction of the replacement structure. If any such conditions are found to exist, a recommendation will be made at that time for further geotechnical analysis, which would be performed as additional services. It is anticipated that required police details and/or traffic control measures will be provided by the Town at its cost. In addition, it has been anticipated that no street OL 4,. Mr. Bruce D. Thibodeau November 5, 2012 Page 3 of 4 opening permits, environmental permits., or public notices are required for the subsurface explorations. 2.0 Hydrologic / Hydraulic Analysis 2.1 Delineate sub -watershed areas based on natural and manmade division and restrictions. Identify flow paths for each sub -watershed and calculate times of concentration. Develop a HydroCAD model to identify flow to existing culvert. 2.2 Perform hydraulic calculations to determine culvert size to convey a 50 -year storm event. 2.3 Identify up to two (2) alternatives (box culvert and pipe systems) to supplement or replace the existing culvert. Prepare sketches depicting the general layout, size, and material of the proposed alternatives. 3.0 Report on Findings 3.1 Develop order of magnitude construction costs for each alternative. 3.2'--Meet'informally with'tho"T Wh's'"Cbnservatior Agent to Identify permit requirements for each alternative. Assist the Town with discussing the project with the Department of Environmental Protection in order to determine the anticipated environmental permitting requirements. 3.3 Provide a Draft Report of information for review and comment from Town. Draft Report will include the project's overall anticipated construction cost for budgetary purposes. 3.4 Meet with Town to discuss the Draft Report and their review comments 3.5 Revise and issue Final Report. 4.0 Preliminary Design 4.1 Prepare preliminary design plans for replacement of the culvert. For the purposes of this proposal, it is anticipated that the structure will be replaced with a four sided precast concrete box culvert. A limited length of the existing stone retaining walls will be removed and reconstructed with concrete to facilitate the installation of the new culvert. The preliminary design plans will show the proposed replacement culvert and wingwalls in plan, profile and section views. Approximately 100 feet of approach roadway on each side of the culvert will be reconstructed and that the roadway pavement width will be maintained and no sidewalks, curbing, or other roadway improvements will be incorporated. Raising of the roadway profile, if required, will necessitate providing compensatory flood storage. The preliminary design will be submitted to the Town for review and comment. Mr. Bruce D. Thibodeau November 5, 2012 Page 4 of 4 5.0 Environmental Permitting 5.1 Prepare Notice of Intent with supplemental plans and documents for the project. Attend one (1) hearing with the North Andover Conservation Commission and incorporate Conservation Commission requirements into the project. It is anticipated that requested measures may include erosion control, restoration of channels and slope protection. It is anticipated that the Town will notify abutters and advertise the hearing. It is anticipated that preparation of a storm water management form and drainage calculations are not required. Prepare a letter notifying NHESP of the project, though impacts to endangered species are not anticipated. ASSUMPTIONS The following assumptions form the basis of the scope and planned effort: o Base mapping to be obtained from available GIS data sources. and. actual field survey.`Rough measurements will be taken during field reconnaissance to identify up gradient culvert and swale sizes necessary to generate HydroCAD model. o It is assumed the Lake Cochichewick can accommodate additional flow and down gradient hydrologic and hydraulic analysis is not required. o Lake level historical data is available from the Town's Water Treatment Facility and will be provided by the Town. o Compensatory flood storage will require additional field survey and calculations as an amendment to this proposal. o After this initial phase of the project, it is anticipated that later phases will include final design, right-of-way plans If required, and construction phase services. ESTIMATED FEE BETA will perform the above scope of services for a Lump Sum fee of $50,000. This fee includes direct expenses for field survey, wetland delineation, and subsurface borings. Very truly yours, BETA Group,.lnc. Mar .R. Gers . man, P.E. Senior Associate 1AA(11111,11", Et T, TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # DATE: e,) -- This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: BETA Group, Inc Address: 315 Norwood Park South Norwood, MA 02062 Telephone Number: 781-255-1982 Fax Number: 781-255-1974 1. This is a Contract for the procurement of the following: Provide professional engineering transportation and related services on an on-call basis for the period of July 1, 2012 through June 30, 2015 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Rates for calendar year 2012 as attached 3. Payment will be made as follows: Upon successful performance of services and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described deliverables or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of deliverables and certification of acceptable performance for services by authorized representatives of the Town to insure that the deliverables or services are complete and are as specified in the Contract. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 1 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, Request for Qualifications, Scope of Services, and all Addenda. 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 this Contract 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, Materials or other Deliverables. 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 June 30, 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 2 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: a. 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. b. For Cause. If the Contractor is determined by the Town to be in default of any term or condition of 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. C. 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 federal and/or 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 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 (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 3 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 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. General Laws Chapter 7, Sections 38A'/2 - O: Designer Selection 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, the Contractor 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 protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 4 violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 10.5 If changes in the law occur during the term of the contract which require a change in the scope of services, the parties may negotiate an amendment to the Contract in accordance with the provisions of Supplement "E". 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 nor 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, 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. Assimnent: 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 (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 5 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) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent 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 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. 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 6 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. A hard copy and an electronic copy (if requested by the Town) of Contractor's drawings, plans, specifications and other similar documents, whether in written, graphic or electronic form, shall be delivered to the Town. If there is a discrepancy between the electronic files and the hard copies, the hard copies shall govern. The Town shall have unlimited rights, for the benefit of the Town, in all drawings, designs, specifications, notes and other work developed in the performance of this contract including the right to use same on any other Town projects without additional cost to the Town; and with respect thereto the Contractor agrees and hereby grants to the Town an irrevocable royalty -free license to all such data which the Contractor may cover by copyright and to all designs as to which it may assert any rights or establish any claim under any patent or copyright laws. The Contractor shall not be responsible for changes made in the documents by others without the Contractor's authorization, nor for the Town's use of the document on projects other than the project which is the subject of this Contract, unless this is a contract for design services for a master plan or prototype. 21. Audit, Inspection and Recordkeeping 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. 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 7 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 of Massachusetts. 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. (Rev 20 ] 0) Contract by and between the Town of North Andover and BETA Group, Inc Page 8 r 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 30B) [ ] 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 the construction of. [ X ] ENGINEERING/DESIGN SUPPLEMENT `B" — Applicable to Contracts for Professional Engineering Services (Rev 20 10) Contract by and between the Town of North Andover and BETA Group, Inc Page 9 ♦+ 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 D' 'sion/ epart ment Head " 44A41 l� T wn Manager Date APPROVED AS TO FORM: q 12 - own Counsef bate CERTIFICATION AS TO AVAILABILITY OF FUNDS: own Accountant Date THE CONTRACTOR Frint Name cit Iltle (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 10 r SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and BETA Group, Inc, which Contract is a contract for the procurement of engineering 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. Contract Amendments: Any change in the scope of services or contract price shall be made only by a written contract amendment executed by the Town and the Contractor. Minimum 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, -ei 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. 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 insurance with limits of at least $1 Million per occurrence and $2 Million aggregate, or such other amount as the Town may require, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Insurance, including coverage for owned, hired or borrowed vehicles with limits of at least $1M each person/each occurrence or a combined single limit of $1 Million. 5.4 Professional liability insurance covering errors, omissions and acts of the Contractor or of any person or business entity for whose performance the Contractor is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal one million dollars or such larger amounts as the Town may require for the applicable period of limitations. The Contractor shall obtain such insurance coverage at its own expense and provide certificates of insurance to the Town prior to the execution of the Contract. 5.5 The intent of the Contract provisions 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 11 !' 5.6 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 than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this agreement. 5.7 The Town shall be named as an additional insured on the above- referenced liability policies and the Contractor's insurance coverage shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. 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) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent 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 existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. APPROVED AS TO FORM ONLY: I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO (ass} Town Accountant/7 TOWN OF NORTH ANDOVER own Manager 'e" / '� . is'o ide a ment Head THE CONT OR - ,7j: G1�WV�jIrl (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc Page 12 ENGINEERING SUCCESS TOGETHER Scope of Services Scope of Services and Rates On -Call Transportation Services North Andover, MA June 15, 2012 Page 1 of 2 BETA Group, Inc. (ENGINEER) will continue to provide Transportation and related services to the Town of North Andover on an on-call basis. Services are to be provided as needed and to support the Town on managing, preserving and improving its Transportation assets and network infrastructure. Services are anticipated to include the following: • Asset Management including pavement and other roadway related assets, such as signs, sidewalks, ADA Compliance, traffic signals and the like. Services will include inventorying, condition assessment and development of implementation programs including prioritization. • Traffic Engineering for the assessment and improvement of roadways, intersections, parking supply and other related facilities, including operations, safety issues and capacity and demand management. • Assessment and design of roadway facilities including sidewalks, storm -water system design and management, and visual enhancements to improve conditions, infrastructure capacity and serviceability. • Assessment of bridges/culverts/retaining walls for structural integrity and condition, as well as the design of new and replacement structures. • GIS assistancelinterface to support the Town in the management of its transportation facilities. • Conduct peer reviews to support the Town in the evaluation of developments by others. • Provide funding assistance to support the Town in seeking funds for needed transportation related projects. Services shall be provided in accordance with task orders mutually developed and approved by the Town. ENGINEER will scope out assignments and develop required scope, fee and schedule for assignments for Town acceptance prior to performing the work. BETA GROUP, INC. 315 Norwood Park South, 2nd Floor, Norwood, MA 02062 P: 781.255.1982 1 F: 781.255.1974 1 W: www.BETA-inc.com Scope of Services and Rates On -Call Transportation Services North Andover, MA June 15, 2012 Basis of Fee Compensation will be based on the following hourly rate schedule. Classification Range Principal No Charge Project/Task Manager Senior Professional Design Professional Staff Professional Technician Note: Rates for 2012 $175-$190 $135-$175 $105-$135 $ 85-$105 $70-$85 4 F_i Page 2 of 2 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the BETA Group, Inc. held on January 9, 2012 it was VOTED, THAT Anthony T. Lionetta Senior Vice President (Name) (Officer) of BETA Group, Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said BETA Group, Inc. and affix its corporate seal hereto; and such execution of any contract. or obligation in the name of BETA Group, Inc. on its behalf by such officer under seal of BETA Group, Inc. shall be valid and binding upon BETA Group, Inc. I hereby certify that I am the clerk of the above named BETA Group, Inc. and that Anthony T. Lionetta is the duly elected officer as above of said BETA Group, Inc. , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. Z - (Date) (Clerk} Certification of the Corporate Clertc CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under, penalties of perjury that this bid or proposal has been made and submitted inood fain d wijt collusion or fraud with an other arson. As used in this ^to a best o my�cnow e y p certification, the word "person" shall mian natural arson b committee, union, club or other Anthony 1\ Li Print Name & Title P usmess, partnership, corporation, entity, or group of individuals. Date August 7, 2012 P.E., Senior Vice President BETA Group, Inc. Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b),1 Anthony T. Lionetta gn ry BETA Group, authorized signatory for p, Inc. Name of individual do hereby certify under the sins and Name ojes . ngineer P penalties of perjury that said contractor has complied with all laws of the Corn �nm nwoewa f Mass husetts, and the Town of North Andover, relating to t y k �� taxes, permit or other fees, reportin employees and contractors, and withholding and remitting child support. Signature August 7, 2012 Date BETAG-1 OP ID: SM A�R�" CERTIFICATE OF LIABILITY INSURANCE DATE(M08/006/1611YYY) 2 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). 508-620-6200 Fitts Insurance -Union508-620-0227 40 Union Ave. Framingham, MA 01702 Fitts Insurance Agency CONTAPRODUCER NAME: Susan Moschini PHONE 508-620-6200 FAC No : 508-620-0227 AD No E:c E-MAIL ADDRESS: smoschini@fittsinsurance.com GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Co. ✓ 916- INSURED Beta Group, Inc. 6 Blackstone Valley Place Lincoln, RI 02865 INSURER B: Twin City Fire Insurance Co. 's 91/ INSURER C: Hartford Casualty Insurance Coit :Iy INSURER D: Lexington Insurance Company INSURER E: INSURER F: 04/12/12 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 DD UBR POLICY NUMBER EFF MM/DD/YYYY MM DDLICY Y EXP IYYYY LIMITS North Andover, MA 01845-2909 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 08UUNUF7256 04/12/12 04/12/13 GFTORENTED DAMA PREMISES Ea occurrence $ 300,000 CLAIMS -MADE I—XI OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 $ PRO LOC POLICYFXJFCT —7 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident $ BODILY INJURY (Per person) $ A X ANY AUTO X 08UUNUF7256 04/12/12 04/12/13 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY a RTY DAMAGE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 C EXCESS LIAB CLAIMS -MADE 08XHUUF6914 04/12/12 04/12/13 DED I X I RETENTION $ 10000 $ B WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY Y/ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N NIA 08WBNK9526 04/12/12 04/12/13 WC STATU- OTH- T RY IMIT ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional 029210548 04/12/12 04/12/13 Claim 2,000,000 w/Pollution Liab Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Engineering Transportation & Related Services on an On -Call Basis between July 1, 2012 and June 30, 2015 CERTIFICATE HOLDER CANCELLATION TOWNNO3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. Division of Public Works AUTHORIZED REPRESENTATIVE 384 Osgood St. North Andover, MA 01845-2909 / 7/ -- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BETAGA OP ID: SM ACOR>D. CERTIFICATE OF LIABILITY INSURANCE DAT 08/2 D/YYYY) 08/28112 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 508-620-6200 Fitts Insurance -Union 508-620-0227 40 Union Ave. Framingham, MA 01702 Insurance Agency CONTACT NAME: Susan Moschini PHONE 508-620-6200 FAX 5 aC No Ext : ac No): 08-620-0227 nI E-MAIL Fitts ss: smoschini@fittsinsurance.com GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Co. INSURED Beta Group, Inc. 6 Blackstone Valley Place Lincoln, RI 02865 INSURER B: Twin City Fire Insurance Co. INSURER c:Hartford Casualty Insurance Co INSURER D: Lexington Insurance Company INSURER E: X INSURER F: 08UUNUF7256 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 DDL BR POLICY NUMBER EFF MMIDDY/YYYY MLICY LICY EXP M /DDfYYYY LIMITS North Andover, MA 01845-2909 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A X COMMERCIAL GENERAL LIABILITY X 08UUNUF7256 04/12/12 04/12/13 CLAIMS -MADE Fx_] OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICYFX PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY (Per person) S A X ANY AUTO X 08UUNUF7256 04/12/12 04/12/13 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident HIRED AUTOS NON -OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 C EXCESS LIAB CLAIMS -MADE 08XHUUF6914 04/12/12 04/12/13 DED I X I RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? a (Mandatory In NH) N / A 08WBNK9526 04/12/12 04/12113 X WC STATU- OTH- ITORY LIMITS I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 D Professional 029210548 04/12/12 04/12/13 Claim 2,000,000 w/Pollution Liab Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Professional Engineering Transportation & Related Services on an On -Call Basis between July 1, 2012 and June 30, 2015 With a written contract in effect, the Town of North Andover is included as additional insured, subject to forms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION TOWNNO3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. Division of Public Works AUTHORIZED REPRESENTATIVE 384 Osgood St. North Andover, MA 01845-2909 z4!9V. Q(-- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD