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HomeMy WebLinkAboutContract #: 891 - From: 05-20-2016 To: 06-30-2017 - Waterfield Design - North Andover Middle Schoolr TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT#Vjl _ DATE: DS'- (9 0- ao/(o This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Waterfield Design Group Address: 50 Cross Street Winchester, MA 01890 Telephone Number: 781-756-0001 Fax Number: 1. This is a Contract for the procurement of the following: Planning and programming services to redevelop existing athletic fields at the North Andover Middle School in accordance with proposal dated April 28, 2016 (see attached, with the exception of Paragraph E) 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Not to exceed $14,500 3. Payment will be made as follows: Upon receipt of monthly invoices for services rendered (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 Waterfield Design Group 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. 4.8 Standard of Care: Contractor's services shall be performed in accordance with the generally accepted professional standard of care ordinarily used by design professionals performing similar scope of services in the same geographic area on projects of similar size and complexity. 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 (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 2 appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 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. (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 3 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 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 (Rev 20 10) Contract by and between the Town of North Andover and Waterfield Design Group Page 4 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 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. 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 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. (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group 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, de€efl 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 (fig roasenabIe a4ei:fiey ' 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 Waterfield Design Group 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. 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. (Rev 20 10) Contract by and between the Town of North Andover and Waterfield Design Group 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 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 2010) Contract by and between the Town of North Andover and Waterfield Design Group 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 3013) [ ] 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 Waterfield Design Group 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 -Z, 5�05,7-1 ivison/Depa me ad To Manager Date THE CONTRACTOR Ore- W ATP - Company Name S'gna e Date Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Ac ountant Date (Rev 20 10) Contract by and between the Town of North Andover and Waterfield Design Group Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and Waterfield Design Group, 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 $1 M 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 Waterfield Design Group 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, de€exd 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 (i*&4+4ifig reasenftWe a4efReys' 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 IN ACCOUNT No riffilimm, 1 To'w'n7M\ouni�nt- — "TN" T' -4A TOWN OF NORTH ANDOVER o n Manage F�T-Me - IM (Rev 20 10) Contract by and between the Town of North Andover and Waterfield Design Group Page 12 Town of North Andover, Division of Public Worhs Middle School Athletic Fields Redevelopment Conceptual Design, Planning, and Programming Evaluations 495 Main Street, North Andover Professional Services Scope of Work Proposal & Estimate of Fee April 11, 2016 Revised April 28, 2016 Project Overview The Town of North Andover seeks to redevelop the existing athletic fields associated with the Middle School to create a multi -faceted recreation facility that contains a greater variety of activity opportunities / amenities for a wider segment of the population. The purpose of this assignment is to provide planning and programming services that will evaluate the needs of the Town and reconcile those programming desires with the physical capabilities of the Middle School property. As a programming and feasibility exercise, the deliverable for this work will be conceptual level documents that define the desired direction for the athletic and recreational redevelopment of this site. Prior to completing the conceptual sketches, extensive study, discussion and consensus gathering will take place, ensuring a direction that is best for the community is chosen for advancement. Once this process is complete, a final design process will be needed (under a new scope of work) before construction may begin. (A.) Scope of Work Based on the summary above, the description that follows represents the specific scope of work needed to'complete this project. Taslc 1.0 Base Plan Assembly and Enhancement This task reviews all existing conditions data on the project site that is provided by the Town. We will assemble the existing data (site plan, utilities plan, etc.) to create a digital base plan to an appropriate scale showing existing conditions. We will inspect the site to reconcile the plan data provided by the Town, identifying what elements, if any, have changed since the data was prepared. If necessary, we will perform new field survey work (selectively) to enhance the level of accuracy of the existing data in places that might impact the conceptual level documents needed by this scope. 'V�M I Waterfield Design Group Taslc 2.0 Soil Evaluation Using our in-house Massachusetts Licensed Soil Evaluator, we will supervise the excavation of test pits at representative locations throughout the project area. We will classify the types of soils present in each test pit and characterize their performance capabilities for the intended recreational uses. We will prepare soil profiles in log form for recording purposes. We have assumed one (1) day of testing will be sufficient and that the Town of North Andover will supply the excavating equipment and operator needed. We will record the locations of the test pits on the base plan. Taslc 3.0 Sports and Recreational Participation & Asset Assessment New recreation and athletic facilities need to be capable of satisfying the often dynamic (changing) needs of the communities that they serve. We will want to evaluate how the design of this new facility can meet today's needs while also being aware of the direction that certain trends within the Town may be taking sport and recreation participation in the years ahead. In our work, we believe this evaluation is a critical part of the facility planning and programming process. Far too often, communities only design new facilities for their current needs, ignoring the clues that may already be appearing about the size and shape of their community's future needs. To accomplish this, we will meet with a diverse and representative group of stakeholders within the Town to discuss recent participation history within their groups. We will seek to obtain participation metrics from each group going back as much as 10 years, if available. We will reconcile this known past participation with population trends within the Town, both at a census level (total population) and at a school enrollment level. We will create projections for future sport and recreation participation based on the marriage of population/enrollment with sport/rec participation. The more past data we can obtain in this direction, the better our projections regarding future participation. We will also review local trends and compare those with the North Andover data. With assistance from the Town, we will graphically identify all existing outdoor sport and recreation facilities located and owned by the Town of North Andover. We will also identify any privately owned facilities. We will show these facilities on an existing base map. We will add to this plan population density and transportation access capabilities. Proximity and access are important factors when designing new sport and recreation infrastructure. Using these elements, we will be able to identify how all residents of the Town are served by the Town's existing outdoor sport and recreation facilities (assets). Once the above important relationships have been quantified, we will review the information with the Town to discuss the results. We will use this information and discussion to influence the allocation of land on the Middle School site so that we can maximize the benefits of this investment to the Town through this project. NAM I Waterfiel,d Design Group If athletic uses are reduced by the proposed conceptual design schemes, we will review with the Town how these displaced uses could potentially be accommodated in other locations or by subsequent improvement projects at other locations. In this sense, we will begin a discussion with the Town about the phased improvement or reallocation of sport and recreation uses town - wide. Our scope does not include a full evaluation of town -wide phasing but our work herein would be enough to start a discussion in this direction, if the evaluation proves that this direction would be beneficial for the Town. Task 4.0 Conceptual Level Redevelopment Plans Using data assembled from each of the preceding tasks, we will prepare between three (3) and five (5) different land use scenarios for the project area. Each concept will illustrate in plan view the location, size, and orientation of each of the proposed sport / recreation uses along with all the supporting elements needed for those primary uses to be successful. We will provide a conceptual level commentary on existing and proposed drainage and runoff capabilities. We will review and identify all permitting requirements. We will prepare a conceptual level cost estimate for each option provided. We will identify any utility changes or needs. We will prepare a color rendered plan of the most favored option. The number of conceptual options prepared will depend on the results of the preceding tasks and on how well each of the initial schemes meets the goals and objectives of the Town. We will prepare a simple bullet oriented report that summarizes the features of the conceptual options. Where necessary, we will summarize the outcomes in a simplified manner of each of the preceding tasks. It is envisioned, however, that the conceptual level drawings themselves will be an adequate summary of the direction of the project. We have assumed that one minor revision cycle will be used to take our conceptual level drawings to their final form. Task, 5.0 Meetings We will meet with the Town of North Andover as needed throughout this process to ensure that superior communication between us is in place at all times. Since the request from the Town did not mention public meetings, we have not included any public meetings in this scope. If these are needed, we can discuss how to incorporate those elements into this work. (B.) Direct Expenses Reimbursable expenses are not included in the fee compensation outlined above. Reimbursable expenses will include the actual expenses incurred by the Waterfield Design Group in the interest of the project. They shall be reimbursed at cost and may include (but not be limited to) the following: Cost of copies of drawings, documents and reports; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the Scope of Services; We have assumed that limited production of color prints will be used. Multiple copies for dissemination will require additional funds. 'VqE I Waterfield Design Group 2. Cost of commercial carrier and/or transportation, lodging, car rental, parking, subsistence (meals) and out-of-pocket expenses for materials or plant selection only. No mileage expense required for on-site meetings and inspections. 3. Cost of postage and shipping expenses other than first class mail. 4. Photographic services, film and processing. 5. Costs related to models, printing special renderings, promotional photography, special process printing, color printing, special equipment, special printed reports or publications, maps and documents approved in advance by the Client. 6. Other expenses that may arise as needed to properly complete the contracted work. Permit Fees — In the event that any permitting is necessary or required (unless otherwise waived), any and all fees required to file or secure a permit that may be necessary or required as a part of this work must be paid in full in advance by client. Permit(s) will not be filed nor drawings or documents submitted without payment by Client. Payments made by Client in this regard will be made directly to the subject agency or authority requiring such payment. Extraordinary expenses require advance approval of Client before use or engagement by Consultant. Rate, cost, and expense schedule may be updated yearly as necessary. Contracts underway may be amended to accommodate the annual update. Based on the above work, we recommend a budget of approximately $500.00 be included for direct expenses. Actual costs must be paid. (C.) Total Estimated Lump Sum Fee The fee proposed for the work identified herein is $14,500. If the specific scope of work changes as a result, modifications to the tasks proposed above can be made. Invoices shall be sent not more than monthly and payment is due within 30 days. (D.) Items Not Included This work does not include design development (DD) documents or construction documents (CD). This scope does not include fiill field survey of the entire project area. Construction phase services are not included. (E.) Notice to Proceed Your signature in the space provided below indicates your acceptance of the scope of work and fee estimate provided herein and shall also serve as your formal written notice to proceed. Your signatures herby certify that the persons signing below are the legal representatives of their respective agencies / organizations and are formally authorized by them to enter into legally 'V�M I Waterfield Design Group binding contracts on behalf of their respective organizations. Our company's Standard Terms and Conditions are made part of this Agreement once work begins. ENDORSEMENT SECTION FOLLOWS AGREED AND ACCEPTED: Town of North Andover, Division of Public Worhs (signature) Printed Name and Title Date MM I Waterfield Design Group TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Craig Miller Waterfield Design Group 50 Cross Street Winchester, MA 01890 Dear Mr. Miller: Q toR7H 9 O tT4eo �e. ti0 � A 9SSACHUSEt May 11, 2016 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to Waterfield Design Group to provide planning and programming services to redevelop existing athletic fields at the North Andover Middle School per the proposal dated April 28, 2016 (with the exception of Paragraph E). Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates include the required coverage levels and list the Town of North Andover as an "additional insured". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures WATER -1 OP ID: BC 14c," �``EPW CERTIFICATE OF LIABILITY INSURANCE TE (MMI 705/17/201DD/YYYY) 6 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: Christopher A. Poole AICNo Ext:781-245-5400 vc No: 781-245-5463 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X Business Owners A: Hartford Insurance Company 30104 I ce�z - I INSURED The Waterfield Design Group Goup, Inc. -INSURER INSURER B: Sentinel Ins. Co. 11000 0611112016 50 Cross Street INSURER C : INSURER D: Winchester, MA 01890 INSURER E: INSURER F: I;VVtKAUt5 CERTIFICATE NUMBER: REVlclnKI KI IMRGR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X Business Owners X I ce�z - I 08SBAPS6372 0611112015 0611112016 EACH OCCURRENCE $ 1,000,000 pREMiSEs Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PRO- JECTF—] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY ANY AUTO 08SBAPS6372 06/11/2015 06/11/2016 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident)$ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE 08SBAPS6372 06/11/2015 06/11/2016 AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? a N / A 08WECCP0860 01/04/2016 01/04/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If Dyes, describe under RIPTION OF OPERATIONS below DESC E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Office Package OBSBAPS6372 06/11/2015 06/11/2016 Valuable 450,000 Policy Papers DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Town of North Andover is included as additional insured under the general liability policy subject to same terms and conditions. CtKI II-ICATE HOLDER rAKIr=I 1 ATIM] NOAND-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 120 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE I I I ce�z - I (� 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD WATER -1 OP ID: BC . 6-. R CERTIFICATE OF LIABILITY INSURANCE `-�' [__�ATE05117/2016Y) 05/1712016 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 CONTACT NAME; Christopher A. Poole a/CC, o Ext): 781-245-5400 ac No): 781-245-5463 Wakefield, MA 01880 Christopher A. Poole E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC q INSURER A: BERKLEY DESIGN PROFESSIONAL 32603 INSURED The Waterfield Design Group, Inc. 50 Cross Street INSURER B: INSURER C: INSURER D : Winchester, MA 01890 INSURER E : INSURER F: DAMAGE TO RENTE17- PREMISES Ea occurrence $ 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 ALDDL INSD SUBRPOLICY WVD POLICY NUMBER EFF MMIDDNYYY POLICY EXP MMIDDNYYY LIMITS AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE FlOCCUR DAMAGE TO RENTE17- PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JPROECT a LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS F PROPERTY DAMAGE $ Per accident 1 $ 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PEROTH- STATUTE ER EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ N I A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Arch & Engr AEC -9004975-01 09/05/2015 06/05/2016 Per Claim 1,000,000 Professional Liab Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / 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 the policy period. The limit will be reduced to payments of indemnity and expense. CERTIFICATE HOLDER CANCFLI ATION NOAND-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street North Andover, MA 01845 AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD