Loading...
HomeMy WebLinkAboutContract #: 888 - From: 05-02-2016 To: 06-30-2017 - Environmental Partners - Town of North AndoverI TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # O n DATE: Off'- o a - d0/ This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Environmental Partners Group, Inc. Address: 1900 Crown Colony Drive, Suite 402 Quincy, MA 02169 Telephone Number: 617-657-0200 Fax Number: 617-657-0201 1. This is a Contract for the procurement of the following: Engineering design, bidding, and construction phases for proposed Water System Infrastructure SCADA system improvements at Water Treatment Plant 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Engineering Design $ 35,000 Bidding $ 6,000 Construction Services $ 54,000 3. Payment will be made as follows: Upon completion 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 (Rev 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 1 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. 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, 2017, 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 20 10) Contract by and between the Town of North Andover and Environmental Partners 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 (Rev 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 3 have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of 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 - 0: 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 (Rev 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 4 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 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 151B (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. Assignment: 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 EnforceabilitAgainst 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. (Rev 20 10) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 5 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 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. (Rev 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 6 The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. 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. Pam 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. (Rev 20 10) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 7 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth 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 parry 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 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 8 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 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of: [ X ] ENGINEERING/DESIGN SUPPLEMENT "E" — Applicable to Contracts for Professional Engineering Services (Rev 20 10) Contract by and between the Town of North Andover and Environmental Partners 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 5Aq, c . WJ\- Division/Devartment Head THE CONTRACTOR eAy\-'100 r ,4y\,V \ Pugo rS Company Name Ile, 6 nature Date s4 -,til c ©nn' Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: ry � Town Acco nt Date (Rev 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and Environmental Partners 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. 2. 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. 3. 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, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 4. Insurance: The Contractor shall obtain and maintain the following insurance: 4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 4.2 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. 4.3 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. 4.4 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. 4.5 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 20 10) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 11 4.6 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. 4.7 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. 5. 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. I CERTIFY THAT FUNDS ARE AVAILABLE: �ti Q,�\o . )&Jf 6 � Town ccountant TOWN OF NOR ANDOVER r Town Manager JAL," C.. ("t Division/Department Head (Rev 2010) Contract by and between the Town of North Andover and Environmental Partners Group, Inc. Page 12 Environmental R- Partners A partnership for englneertng solutions. April 11, 2016 Mr. Bruce D. Thibodeau, P.E. Director of Public Works 384 Osgood Street North Andover, MA 01845 RE: Proposal for Bidding and Construction Phase Engineering Services Water System Infrastructure SCADA System Improvements Dear Mr. Thibodeau: At your request, Environmental Partners Group, Inc. (Environmental Partners) is pleased to provide you with our proposed fee for completing the bidding and construction phase engineering services for the proposed Water System Infrastructure SCADA system improvements for the Town of North Andover. Our proposed scope of work is described below: Scope of Services Environmental Partners will provide the following supplemental engineering services associated with the proposed Water System Infrastructure SCADA Improvements as generally described in the SCADA Preliminary Design Report and dated June 17, 2015 and Water System SCADA Upgrade design plans dated April 2016, prepared by Environmental Partners. Task 1— Bidding Assistance Environmental Partners will assist the Department of Public Works with securing public bids for construction in accordance with Massachusetts public bid laws for the proposed Water System Infrastructure SCADA Improvements. This task will include: 1. Coordinate and complete the advertising requirements. 2. Prepare, copy, and distribute the public bid documents. 3. Prepare written responses to questions from qualified bidders and bid addenda as necessary during the bidding process. 4. Coordinate and attend a pre-bid meeting and bid opening. 5. Review and evaluate the public bids to identify lowest responsible and eligible bidder. 6. Prepare a written recommendation to the Client for the selection of the lowest responsible and eligible bidder. 7. Assistance with the approval and award of a construction contract with the lowest responsible and eligible bidder. Hyannis: Headquarters: Woburn: 396 North Street, Hyannis, MA 02601 1900 Crown Colony Drive, Suite 402, Quincy, MA 02169 18 Commerce Way, Suite 2000, Woburn, MA 01801 TL 508.568.5103 • FX 508.568.5125 TL 617.657.0200 • FX 617.657.0201 TL 781.281.2542 • FX 781.281.2543 www.envpartners.com _"o Bruce D. Thibodeau, P.E. April 11, 2016 Task 2 — Construction Phase Services Page 2 Environmental Partners will assist with the coordination and oversee the construction phase of the proposed Water System Infrastructure SCADA Improvements. This task will include: 1. Coordinate construction activities with the Town and Contractor. 2. Review and approve shop drawings and all other construction submittals. 3. Review and approve Contractor payment requisitions. 4. Coordinate and attend client meetings, including a pre -construction meeting and progress meetings as needed. 5. Observe and document Contractor construction activities on a part-time basis for a maximum of 200 person -hours. Budgeted hours are based on Contractor's expected rate of work progress. 6. Assure that construction activities are furnished and installed as designed and specified, and according to manufacturer's recommendations. 7. Coordinate and observe Contractor's Factory Acceptance Test, Application Software Test, Operational Readiness Test, Application Software Readiness Test, and Functional Acceptance Test as described in the Contract Documents (Specification Section 13320). 8. Coordinate and observe all required Contractor start-up and commissioning activities including Functional Acceptance testing and Full System Demonstration testing as described in the Contract Documents (Specification Section 13320). 9. Coordinate and observe required Contractor training activities for North Andover staff. 10. Collect, document, and record equipment manufacturer information and construction as - built information. A proposed project implementation schedule is shown below. Milestones include Design, Bidding, and Construction. i. incivaes advertising, bid opening, and Contract award (Notice to Proceed). 2. Includes the review and approval of shop drawings, equipment lead time, installation, programming, start-up, and training. The construction schedule will need to be closely coordinated with you and your staff. The design documents call for no shut downs during peak demands. Environmental F0 Partners Bruce D. Thibodeau, P.E. April 11, 2016 Fee and Budget Page 3 Environmental Partners proposes to perform the indicated Scope of Services described above for a not -to -exceed fee of Sixty Thousand Dollars ($60,000). A breakdown of the fee by tasks is presented in the table below. Task 1: Bidding $ 6,000 Task 2: Construction Services $54,000 Total $60,000 Acceptance We look forward to working with you and the Town of North Andover on this important project. Please feel free to contact me at (617) 657-0255 or sco@envpatners.com with any questions or concerns. Very truly Group, Inc. en C. Olson, P.E. Sr. Principal Environmental GO partners -` Environmental vm Partners A partnership for angtneering solution s. +C-: R"V v August 18, 2015 Mr. Bruce D. Thibodeau, P.E. Director of Public Works 384 Osgood Street North Andover, MA 01845 RE: Proposal for Engineering Design, Bidding, and Construction Phase Services Water System Infrastructure SCADA System Improvements Dear Mr. Thibodeau: At your request, Environmental Partners Group, Inc. (Environmental Partners) is pleased to provide you with our proposed fee for completing the engineering design, bidding, and construction phase services for the proposed Water System Infrastructure SCADA system improvements for the Town of North Andover. The basis of design will be the SCADA Preliminary Design Report dated June 17, 2015 completed by Environmental Partners. Our proposed scope of work is described below: Scope of Services Environmental Partners will provide the following supplemental engineering services associated with the proposed Water System Infrastructure SCADA Improvements as generally described in the SCADA Preliminary Design Report and dated June 17, 2015 and Water System SCADA Communication Upgrade, Conceptual Design Plans dated May 2015, prepared by Environmental Partners. Task 1— Design Environmental Partners will complete the design of radio based and fiber optic SCADA communications for the following water system facilities: • North Andover Water Treatment Plant • Bear Hill Tank and Pump Station and Control Valve • Sutton Hill Tank and Pump Station • Foxwood Pump Station • Orchard Village Pump Station • Bradford Standpipe Environmental Partners will also complete the design of replacement SCADA system hardware and software at the North Andover Water Treatment Plant. Environmental Partners supplemental engineering design services shall include the following: 1. Complete a site visit to each site to review and collect additional supplemental information required to conform to the Water System SCADA Improvements Conceptual Design. 2. Prepare detailed engineering design plans and specifications suitable for public bidding and construction of the proposed Water System SCADA Improvements. 3. Prepare an opinion of probable construction costs based on the final design. Hyannis: Headquarters:Woburn: 396 North Street, Hyannis, MA 02601 ; 1900 Crown Colony Drive, Suite 402, Quincy, MA 02169 18 Commerce Way, Suite 2000, Woburn, MA 01801 TL 508.568.5103 • FX 508.568.5125 TL 617.657.0200 • FX 617.657.0201 TL 781.281.2542 - FX 781.281.2543 www.envpartners.com ♦f Bruce D. Thibodeau, P.E. August 18, 2015 Task 2 — Bidding Assistance Page 2 Environmental Partners will assist the Department of Public Works with securing public bids for construction in accordance with Massachusetts public bid laws for the proposed Water System Infrastructure SCADA Improvements. This task will include: 1. Coordinate and complete the advertising requirements. 2. Prepare, copy, and distribute the public bid documents. 3. Prepare written responses to questions from qualified bidders and bid addenda as necessary during the bidding process. 4. Coordinate and attend a pre-bid meeting and bid opening. 5. Review and evaluate the public bids to identify lowest responsible and eligible bidder. 6. Prepare a written recommendation to the Client for the selection of the lowest responsible and eligible bidder. 7. Assistance with the approval and award of a construction contract with the lowest responsible and eligible bidder. Task 3 — Construction Phase Services Environmental Partners will assist with the coordination and oversee the construction phase of the proposed Water System Infrastructure SCADA Improvements. This task will include: 1. Coordinate construction activities with the Town and Contractor. 2. Review and approve shop drawings and other construction submittals. 3. Review and approve contractor payment requisitions. 4. Coordinate and attend client meetings, including a pre -construction meeting and progress meetings as needed. 5. Observe construction activities on a part-time basis for a maximum of 240 person -hours. Budgeted hours are based on contractors expected rate of work progress. 6. Assure that construction activities are furnished and installed as designed and specified, and according to manufacturer's recommendations. 7. Collect, document, and record equipment manufacturer information and construction as - built information. Environmental G3 Partners <IRCM-1n Bruce D. Thibodeau, P.E. August 18, 2015 Page 3 A proposed project implementation schedule is shown below. Milestones include Design, Bidding, and Construction. Task Duration,;� Start Date 1. Design' — SCADA Upgrade Project 4 Months September 1, 2015 Completion Date' December 31, 2015 2. Bide — SCADA Upgrade Project 2 Months January 1, 2016 February 29, 2016 3. Construction — SCADA Upgrade Project 10 Months February 1, 2016 November 30, 2016 �. iuciuucb Lue preparation, review, ana i own approval of design puns and specitications suitable for public bidding. 2. Includes advertising, bid opening, and Contract award (Notice to Proceed). 3. Includes the review and approval of shop drawings, equipment lead time, installation, programming, start-up, and training. The construction schedule will need to be closely coordinated with you and your staff to minimize facility and equipment down time, especially during peak demands. Fee and Budget Environmental Partners proposes to perform the indicated Scope of Services described above for a not -to -exceed fee of One Hundred Thousand Dollars ($100,000). A breakdown of the fee by tasks is presented in the table below. Task 1: Design $35,000 Task 2: Bidding $ 9,000 Task 3: Construction Services $56,000 Total $100,000 Acceptance We look forward to working with you and the Town of North Andover on this important project. Please feel free to contact me at (617) 657-0255 or sco@envpatners.com with any questions or concerns. Very Truly Yours, Environmental Partners Group, Inc. hen C. Olson, P.E. Principal Environmental FO partners ENVI-15 OP ID: SS CERTIFICATE OF LIABILITY INSURANCE ATE04/126/201626/2016 Y) r 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(les) 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 Poole Professional Ltd. Audubon Rd. #2, Ste. 305 CONTACT NAME: PHO107 MOo Ext : 781-245-5400 aC No ; 781-245-5463 Wakefield, MA 01880 Christopher A. Poole ADDRIESS: INSURERS AFFORDING COVERAGE NAIC # X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XAMAGE OCCUR INSURER A: Travelers Indemnity Co of CT 25682 INSURED Environmental Partners Group, 1900 Crown Colony Dr.Suite 402 Quincy, MA 02169 INSURER B: Travelers Casualty and Surety 19038 INSURER C: Travelers Indemnity Co. 25658 INSURER D: Travelers Indemnity Co America 25666 INSURER E: MED EXP (Any one person) $ 10,00 INSURER F: COVERAGES CFRTIFICATF NIIMRFR- orvtmnu uuuncn. 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. /NSR LTR TYPE OF INSURANCE D B POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XAMAGE OCCUR X 68023551_628 06/13/2015 06/13/2016 EACH OCCURRENCE $ 1,000,00 D To RENTED PREMISES Eaoccunence $ 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 11000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1i PR 0i LOC GENERAL AGGREGATE $ 2,000,00 PRODUCTS -COMP/OP AGG $ 2,000,00 $ OTHER: D AUTOMOBILE LIABILITY ANY AUTO BA23551_782 10105/2015 06/13/2016 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ALL OWNEDX SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NOWOWNED AUTOS PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,00 C EXCESS LIAB CLAIMS -MADE CUP6572Y321 06/13/2015 06/13/2016 AGGREGATE $ 6,000,00 DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y N OFFICERIM EMBER EXCLUDED? N❑ N / A UB6672YO93 06/1312015 06/13/2016 OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Town of North Andover is included as additional insured on the general liability policy subject to policy terms and conditions. RE: Water System Infrastructure SCADA System Improvements at the WTP TOWNO-3 Town Of North Andover 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENVI-15 OP ID: SS CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TYPE OF INSURANCE 04/26/2016 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(les) 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 Poole Professional Ltd. 107 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Christopher A. Poole CONTACT NAME' A/C No Exit: 781-245-5400 C No): 781-245-5463 E-MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY CLAIMS MADE FOCCUR INSURERS AFFORDING COVERAGE NAIC If INSURER A:XL Specialty Insurance Company 37885 INSURED Environmental Partners Group, 1900 Crown Colony Dr.Suite 402 Quincy, MA 02169 INSURER B: INSURER C: INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RFVlclnu NII IMaco- 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. INSLTR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE FOCCUR EACH OCCURRENCE $ DAMAGE TO-RERTEU- AMA EPREMISES Ea occurrence $ PREMISES MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY F—IJECT 7 LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTO AUTOS PROPERTY DAMAGE Pafaccfd rt $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Arch/Engrs DPR9724350 06/18/2015 06/1812016 Per Claim 3,000,000 Prof Liability Aggregate 5,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) For Professional Liability coverage the aggregate limit is the total insurance available for all covered claims presented within thepolicy pperiod. The limit will be reduced by payments of indemnity and expenses. RE: Water System Infrastructure SCADA System Improvements at the WTP. TOWNO-3 Town Of North Andover 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD