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HomeMy WebLinkAboutContract #: 970 - From: 05-18-2017 To: 06-30-2018 - TEC Inc - Town of North Andover..9 a TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # T10i DATE: QS' / 9-aOj 7 This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: TEC, Inc. Address: 65 Glenn Street Lawrence, MA 01843 Telephone Number: 978-794-1792 Fax Number: 1. This is a Contract for the procurement of the following: Engineering and permitting services for the North Andover Multi -Use Trail per the proposal dated April 27, 2017 (attached) 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Task 1 Wetland Delineation and Report $ 4,600.00 Task 2 Existing Conditions Survey $ 13,400.00 Task 3 Design and Permitting $ 32,800.00 TOTAL $ 50,800.00 3. Payment will be made as follows: Upon completion of each task 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 TEC, Inc. Page 1 11 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, 2018, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. (Rev 2010) Contract by and between the Town of North Andover and TEC, Inc. Page 2 P 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 TEC, Inc. Page 3 z 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 1/2 - O: Designer Selection 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and Towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and (Rev 2010) Contract by and between the Town of North Andover and TEC, Inc. Page 4 ti 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 TEC, 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 TEC, Inc. Page 6 n 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 TEC, 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 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 TEC, 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 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 2010) Contract by and between the Town of North Andover and TEC, 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 Div' ion/Departm nt Head �7 Town Manager Date 44�� ,L own Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: I �A 0 � b1)PA-0 , 61r��? To A V countant ate utowKf ki I I' • 4Ke]9 Company Name Sig ture Date A417z�1a21 Print Name & Title Federal Identification No.: 4*- 5$7,3 S (Rev 20 10) Contract by and between the Town of North Andover and TEC, Inc. Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and TEC, Inc., which Contract is a contract for the procurement of engineering services. 1. "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 TEC, 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. APPROVED AS TO FORM ONLY: I& X �K own Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO � , At, 0 , V-11 �v To n A ountant TOWN OF NORTH ANDOVER Town Manager LAW DivisiUDepartmembead THE CONTRACTOR: 4 ILA rA/? (Rev 2010) Contract by and between the Town of North Andover and TEC, Inc. Page 12 TiEC Rebecca Oldham Planning Department Town of North Andover 120 Main Street North Andover, MA 01845 RE: Engineering-& Permitting Services North Andover Multi -Use Trail North Andover, Massachusetts Dear Ms. Oldham, We are thankful for the opportunity to offer this proposal to help aide the Town of North Andover to further evaluate the design, permitting and construction of Phase I of the Town of North Andover Multi -Use Trail. Your continued business is something that we cherish and we know the importance that Town of North Andover places on critical project needs such as creative strategy, streamlined project permitting, and quality design. The ultimate goal of the North Andover Multi -Use Trail project is to provide a safe, inviting, and economical Mu/ti-Use Trail that provides strong pedestrian connections between the Downtown Commercial District, the High School, and The Trustees of Reservation property connecting to the existing trail network. We've listened to you describe your goals, tailored a proposal to meet the technical needs, and are prepared to impress you with our leadership role in this important project for the Town of North Andover. We are excited to continue our relationship with the Town. As you know, we have worked closely with the Department of Economic and Community Development on several peer review assignments and with the Department of Public Works on roadway improvement projects. Additionally, we are excited to share that we have recently assisted other local municipalities with design and construction services of multi -use path projects, including Wayland and Lawrence. 65 Glenn Street 169 Ocean Blvd. Unit 101, PO Box 249 Lawrence, MA 01843 I Hampton, NH 03842 T:978.794.1792 T:603.601.8154 TheEngineeringCorpxom April 27, 2017 Plan I Permit I Design I Construct Ms. Rebecca Oldham to North Andover Multi -Use Trail April 27, 2017 Page 2 of 6 Our team is eager to get started on this important project to create an exciting amenity within the Town of North Andover. We are pleased to offer the following estimated fees for Wetlands, Survey, and Civil Engineering services and the descriptions on the following pages: Lump Sum Fee Task 1 Wetland Delineation and Report $4,600.00 Task 2 Existing Conditions Survey $13,400.00 Task 3 Design and Permitting $32,800.00 Total $50,800.00 DESCRIPTION OF SERVICES Project Description As identified in the Town of North Andover's Community Preservation Act Application, Phase I of the multi -use trail consists of the following three sections: Section 1: This section consists of two parcels, including town -owned land and NorMAndowrM&M-UsePetd t 21 High Street. The town -owned land is accessed from the High School by an 4 existing pedestrian bridge over Route Phase 125 (Osgood St.) The parcel abuts` Walker Road (a private road) and is inr .v close proximity to resource areas along the Cochichewick River. The second parcel of this section extends through the parking lots for 21 High Street, a mixed-use development, with pedestrian ` access from High St. The parking lot is paved, and the trail is anticipated to be located on the existing stone dust path that circles the pond and intersects with High Street at Main Street. Section 1 of the trail is anticipated to be approximately 2,500 feet with a stone dust surface. This section is not anticipated to require full design and permitting plans as the existing path will serve as the proposed multi -use trail and minor improvements can be made during construction. Section 2: This section would extend the trail through town -owned land within the High School complex, from the overpass at Route 125, along the High School Access Road connecting to Osgood Street. Pedestrian/bike access can likely be incorporated to the south of the lower playing fields connecting to the High School Access Road. The proposed stone dust path will be in close proximity to wetland resource areas and has a total distance of approximately 1,600 feet. This section of path requires design and permitting plans as there is no existing path at this location and close proximity to wetland resource areas. Section 3: This section intersects Osgood Street at the High School Access Road, continuing on a parcel owned by The Trustees of Reservation (TTOR), and intersects with Stevens Street providing a • � • Ott' Ms. Rebecca Oldham North Andover Multi -Use Trail April 27, 2017 Page 3 of 6 connection to the existing trail network. This section of trail is not anticipated to require design plans because no land disturbance or construction is expected. The trail would be similar to other trails maintained by the trustees and consist of native material with no grading required and the primary user will be a pedestrian/hiker. TEC will provide a conceptual layout of the trail within this section of the project as requested by Town staff. The total distance of this section is approximately 900 feet. This section of the trail will not require permitting plans because there will be no land disturbance or construction alterations. The entire length of the proposed Phase 1 trail is approximately 5,000 feet. The Project will require review and approval from the Town of North Andover Conservation Commission for the work within the jurisdictional resource areas. Task 1— Wetland Delineation and Reporting A Professional Wetland Scientist will delineate wetland resource areas within 100 feet and perennial streams within 200 feet of Section 2 of the proposed Multi -Use trail. The areas requiring the flagging have been limited to approximately 1,000 feet at the High School Property. The other areas of the multi -use trail are within areas of existing improved areas. It is assumed the Client will obtain landowner permission for environmental surveys along the identified portion of the adjacent lot prior to the initiation of the survey efforts. Wetland areas will be identified in accordance with the Massachusetts Department of Environmental Protection Division of Wetlands and Waterways Handbook for Delineating Bordering Vegetated Wetlands under the Massachusetts Wetlands Protection Act (1995) and the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual (1987); Northcentral and Northeast Regional Supplement v 2.0 (2012), and the Town of North Andover Wetlands Protection Bylaw and Regulations. The location of the wetland line will be field located by a Professional Wetland Scientist and surveyed under Task 2. Data will be collected in order to prepare the MassDEP BVW Field Delineation Data Forms. A summary report documenting the findings of the wetland site investigation for the Phase 1 Multi -Use trail will be prepared based upon the initial findings. A description of wetland resource areas will be prepared based on review of available published information including: • Plans of record • Aerial photography • USGS topographical maps • National Wetland Inventory (NWI) Maps • Flood Insurance Rate Maps (FIRM) Ms. Rebecca Oldham - North Andover Multi -Use Trail April 27, 2017 Page 4 of 6 • Groundwater and Surface Water Maps • Watershed Maps • Natural Resources Conservation Service (NRCS) Soil Survey Maps • North Andover maps The reports will document the wetland resource areas on-site and near the site if identified, including the species composition of the wetlands and upland, and a summary of the resource areas present. Other potential environmental constraints, rare species, and floodplain information will be included in the letter. The summary report will include photographic documentation, figures, and data forms. Task 2 — Existing Conditions Survey A Registered Land Surveyor will prepare an existing conditions plan to support the design and permitting efforts for Section 2 of the Phase 1 Multi -Use trail. The surveyor will research records at the Town of North Andover Assessor's and Engineering Departments, The Northern Essex Registry of Deeds, and the Massachusetts Land Court and provide boundary survey at the High School property where full design and permitting plans are required. An approximate property line will be shown for all other areas of the trail that are less sensitive utilizing available information (Assessor's maps and previous record plans). A topographic aerial survey will include the full width of the Section 2 Trail area including 25' to either side of the proposed trail as identified conceptually by the Town. It will include the boundary lines noted above, planimetric and topographic features, (including but not limited to buildings, walks, walls, curbs, signs, trees, fences, steps, paved areas, and utility poles with overhead wires), spot grades, contours and surface utility structures. Wetland resource areas delineated in Task 1 will be field located and the limits and any buffer zones related to them as defined by the wetlands scientist. Task 3 — Design and Permitting Conceptual Planning TEC will work with the Town of North Andover Planning showing a proposed trail location utilizing the goals of the and potential topographical and property constraints identified in Task 2. Infrastructure Plans and Local Permitting TEC will refine and detail the conceptual plan and develop a coordinated plan package and technical reports suitable Department to develop a conceptual plan Town, sensitive areas identified in Task 1, Ms. Rebecca Oldham North Andover Multi -Use Trail April 27, 2017 Page 5 of 6 for filing with the Town of North Andover Conservation Commission. TEC does not anticipate the need for a 50' span bridge to be included in the design and construction of the multi -Use trail. Based on discussions with the Town, any bridge or plank crossings will be provided and constructed by others. There appears to be an existing crossing or other potential trail routes that can be explored within the Trustees property that can be coordinated during the conceptual planning phase. The permitting site plans and supporting documents will detail the trail improvements within Section 2, the High School Property. TEC assumes that Section 1 and Section 3 of the multi -use trail will be shown for layout only and following the existing horizontal and vertical alignment of the existing path and terrain, not requiring detailed permitting and construction plans. Site Plans and supporting documents shall include: • Site Plans including the following sheets; o Cover Sheet o Legend & General Notes o Layout & Materials Plan o Grading, Drainage, Utilities & Erosion Control Plan o Construction Details • Stormwater Management Report o TEC will prepare an abbreviated Stormwater Management Report to document that the project will comply with the Massachusetts Stormwater Management Standards. The Stormwater Management Report will include; ■ Narrative — Report containing the project introduction, methodology or stormwater calculations, soil conditions, pre -development runoff description, post -development runoff description, regulatory compliance, and a conclusion. ■ Hydrologic Calculations — Analysis of the pre -development and post - development stormwater runoff conditions including peak flow rates and infiltration volumes for the 2, 10, 25, and 100 year storm events. ■ Operations & Maintenance Plan — A report that outlines the required maintenance of all stormwater infrastructures to ensure its functionality. • Applications, Narratives, & Attachments o TEC will coordinate the preparation of all necessary applications, narratives, and attachments to support the NOI submittal to the North Andover Conservation Commission and MassDEP. • Meetings o TEC anticipates the following meetings to facilitate the submission of the NOI to the Conservation Commission. ■ Attend up to two (2) meetings with Town Staff ■ At the request of the Town, Conservation Commission public hearings have been excluded from this proposal. • Preparation of a standard layout and miscellaneous details for the crossing improvements including roadway striping, warning signs, ADA/AAB accommodations within the Town's right-of-way at the following locations: o Osgood Street trail crossing o Stevens Street trail crossing 1.01,11-1 TMELmv • yy. aSy. Ms. Rebecca Oldham North Andover Multi -Use Trail April 27, 2017 Page 6of6 to Construction Phase Services (Not Included in Lump Sum Fee) In an effort to limit overall project costs, the Town of North Andover anticipates that a majority of the construction to be completed by Town Departments, staff, local support groups and volunteers. TEC can provide on-call support as requested by the Town throughout the duration of the project and construction. TEC anticipates the following construction related services that may require additional support. • Preparation of bid documents for construction advertisement; ` • Shop drawing review for completeness and compliance with the design documents; • Clarification/interpretations of the construction plans and specifications; • Punch list coordination to confirm proper completion of contract documents; • Part-time on-site monitoring and field support for trail construction. If requested, Construction Phase Services can be provided for an additional fee. We welcome an opportunity to meet with you to discuss our proposal. We hope to be able to provide you with our efficient, creative, and cost-effective design and permitting services on this project. Please do not hesitate to contact me directly if you have any questions regarding our proposal at (978) 794-1792. Thank you for your consideration. Sincerely, TEC, Inc. 'The Engineering Corp" P4 t�� Peter F. Ellison, PE Project Manager 4/�V �_/ Mitchell D. Kearny Jr., PE Principal -in -Charge CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the �-4 "' held on 72!;� , /mac it was VOTED, THAT (Name) (Officer) of �&C" be and hereby is authorized to execute contracts and bonds in the name and on behalf of said 2C , &e' , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of �= /,ye- on its behalf by such officer under seal ofAeshall be valid and binding upon %�� ��Go I hereby certify that I am the clerk of the above named W -, IV6 , and that 17-C4oezz C). ,4�-/Ips the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. r��a�r� (Date) Certification of the Corporate Clerk (Clerk) CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Date Iv Print Name & Title 1 -416 -3 1;9110V7 -Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I W12T&dd 'Z 1-:2, 0!a y ✓r , authorized signatory for '27V /,t--, Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Sig ture Date A� V CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYI) 5/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Alliant Insurance Services, Inc. 131 Oliver Street, 4th Floor Boston MA 02110 CONTAPRODUCER NAME: Maria McNulty P"°NE 617-535-7200 F N.617-535-7205 E-MAIL . Maria.McNulty@alliant.com INSURERS AFFORDING COVERAGE NAIC # Y INSURERA:Hartford Casualty Insurance Com an 29424 08 UFA AY1273 INSURED INSURERB:Trumbull Insurance Company 27120 INSURER C :Allied World Natl Assurance Co ✓ 10690 TEC, Inc. 65 Glenn Street Lawrence, MA 01843 INSURER D: Hartford Accident and Indemnity Com 22357 E:Lexington Insurance Company 19437 -INSURER INSURER F : r.nVFRAr_FS r`PRTIPICATP NIIMRPR- 863426560 REVISION Nl1MRFR- 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 ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMfDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y 08 UFA AY1273 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR DAMAGE TO R REMSESEa ocau enc. $300,000 PREMISES (E. MED EXP (Any one person) $10,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 HPOLICY1_X IjE O LOC PRODUCTS - COMP/OP AGG $incl. in Gen Agg $ OTHER: B AUTOMOBILE LIABILITY Y 08 UEA AY1255 1/1/2017 1/1/2018 Ea aeccideD SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS x NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ C X UMBRELLA UAB X OCCUR Y 0309-9416 1/1/2017 1/1/2018 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N / A 08 WEA CU7606 1/1/2017 1/1/2018 X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Professional Liability $ Contractors Pollution Liability 031710918 1/1/2017 1/1/2018 Each Claim $1,000,000 Aggregate $2,000,000 Deductible $25,000 Per Claim DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Engineering and Permitting Services for the North Andover Multi -Use Trail, North Andover, MA. Town of North Andover is included as Additional Insured as required by written contract and executed prior to a loss, but limited to the operations of the Insured under said contract, with respect to the Automobile, General Liability and Umbrella/Excess Liability policies. Automobile, General Liability and Umbrella/Excess Liability evidenced herein are primary and noncontributory to other insurance available to an additional insured, but only to the extent required by written contract with the insured and executed prior to a loss. rE 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 a4AI4� JAAit " ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD