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HomeMy WebLinkAboutContract #: 1047 - From: 01-05-2018 To: 11-30-2020 - Waterfield Design Group - Town of North AndoverC-7 TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # DATE: 01 -OS- 040/9 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: Final design services for the North Andover Middle School Athletic Fields and Recreational Complex per the proposal dated October 31, 2017 (attached) 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Design Phase Task 1.0 Supplementary Topographic Survey $ 4,200 Task 2.0 Wetland Delineation $ 1,900 Task 3.0 Soil Evaluation/Geotechnical Engineering $ 23,000 Task 4.0 Coordination w/Kindergarten Center project included Task 5.0 Design Development/Construction Bid Documents $ 405,000 Task 5.1 Separate Bid Documents $ 11,200 Task 6.0 Meetings $ 32,500 Construction Phase Services Task 7.0 Bid Phase services $ 5,000/phase Task 8.0 Construction Phase services $ 43,000/phase Construction Phase (optional) Task 8.1 Full Time Clerk $ 130,000/phase (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 1 3. Payment will be made as follows: Upon receipt of a monthly invoice prorated for completion of specific tasks (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. 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 November 30, 2020, 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 (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 2 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. 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 (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 3 of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of federal and/or state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. General Laws Chapter 7, Sections 38A'/2 - O: Designer Selection 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and Towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 4 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any 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. Assist: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. (Rev 20 10) Contract by and between the Town of North Andover and Waterfield Design Group Page 5 15. Condition of Enforceability gainst the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other 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 (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 6 (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 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. (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 7 22. Pam The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 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). (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 8 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. 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 30B) [ ] 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 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 113OL111--l-i "�-Qk Division/ epartment Head /I -�L Town Manager Date APPROVED AS TO FORM: ?owounsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town cc untant Date THE CONTRACTOR i Company Name \y/ �/l7 Print Name & Title �Q•� 9�, (Rev 2010) 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. 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 2010) 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, 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: Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No I Town Ac untant TOWN OF NORTH ANDOVER Town Manager Divisio epartment Head (Rev 2010) Contract by and between the Town of North Andover and Waterfield Design Group Page 12 Town of North Andover Middle School Athletic Fields & Recreation Complex Redevelopment Final Design, Bid, and Construction Phase Services 495 Main Street Professional Services Scope of Work & Estimate of Fee October 31, 2017 Project Description Building upon the previous most recent iteration of the final conceptual level design for the North Andover Middle School (HAMS) Athletic Fields and Recreation Complex project, this scope of work provides final design services for the production of construction bid documents (plans, specifications and final cost estimate). The limits of work shall be that area contained within the red outline as shown in the attached drawing (Conceptual Layout 3A) dated May 11, 2017, and including all the elements contained therein. Additional public process meetings with stakeholders will also be held to obtain further input during the final design process. The work shall also include coordination with the Town's architectural team for the proposed Kindergarten Project. Construction bid documents will be split so that construction may be completed in phases. Construction phase services are also included to assist the Town during each construction stage. (A.) Scope of Work Based on the summary above, the description that follows represents the specific scope of work needed to complete our work elements for this project. Taslc 1.0 Supplemental Topographic Survey The existing survey documents that have been used as a base plan for the conceptual level design process need to be supplemented so that certain information missing from those plans may be added for the benefit of the final design process. Elements missing from the current plan include utility alignments, legal easements, and updated wetland delineation. We will also obtain more topographic data points to enhance the accuracy of the existing base where needed. We will update the exiting survey base plan in the most recent version of AutoCAD. Any survey data made available to us from the Kindergarten project will be incorporated into the Middle School Field's Project base plan where needed, particularly those areas that pertain to vehicle access and circulation near the site's Route 125 entrance. Task 1.0 Fee $4,200. N%V ( Waterfield Design Group Task 2.0 Wetland Delineation We will inspect the wooded areas that are north and west of the existing fields to establish/re-establish current wetland boundaries. We will tie flags along the updated wetland boundary so the field survey work of Task 1.0 may record their locations. Forested areas associated with the proposed Kindergarten project will not be inspected as part of this task. Task 2.0 Fee $1,900.00 Task 3.0 Soil Evaluation & Geotechnical Engineering An important part of the final design will be the water management and performance aspects of the playing surfaces and associated support areas. Test pits will be excavated at 10 locations throughout the site so that our Massachusetts licensed Soil Evaluator may inspect the existing subgrade materials. We will characterize the soils encountered in each sampling location. Percolation tests will be performed to identify the rate at which water can be conveyed through native soils. Soil evaluation will also help determine the extent to which native soils may be suitable for the specific performance level of the new athletic fields and to help define the new fields' irrigation needs. We have assumed that the Town can supply a back -hoe and operator for the time needed to excavate and inspect the ten test pit locations. We will require that the excavating contractor or operator assisting with the excavation of test pits repair any areas disturbed by this exercise to an acceptable level of repair (either bituminous patch or earthen turf re -seeding, etc.). For the proposed tower field light pole foundations, we propose to conduct 5 to 6 soil borings to a depth of 30 feet below ground surface or to practical refusal, whichever occurs first. If refusal occurs at relatively shallow depths, we will consider performing a rock core within the borehole. We have assumed that this subsurface exploration program can be accomplished within three (3) days on site. If soil conditions are such that it takes longer to complete these borings, additional fees will be required. All soil observations will prepare excavation logs, classification of soil types, and the collection of soil samples. Geotechnical engineering recommendations for the design and construction of the proposed light tower foundations will be provided Task 3.0 Fee $23,000.00 Task 4.0 Coordination with Kindergarten Project Design Team It is anticipated that the design of the Middle School Fields Project will be completed after the design work that is underway on the Town's proposed Kindergarten project. The two projects directly abut one another and will share a parking and access area that will be reconfigured and improved as part of the proposed Kindergarten project. Because of these important relationships between the two projects, a certain amount of design coordination with the Kindergarten project team will be needed, likely in advance of when that work would normally be performed for the fields project. This task includes up to four (4) coordination meetings with the Kindergarten NiNiM I Waterfield Design Group project design team. Among other things, this task will represent to the Kindergarten project team the various needs of the fields project for inclusion in their construction project. The fee for this item is included in Task 6.0, Meetings Taslc 5.0 Design Development & Construction Bid Documents Using the approved final conceptual design from our previous efforts, we will prepare final design plans, specifications, and construction cost estimates to the Design Development (DD) and Construction Document (CD) levels. We will meet once with the Town at the submission of our DD and CD package to review the plans and to receive comments. If necessary, we will modify the DD plans in short order to address any review comments that may benefit from an immediate dialogue. All other comments will be addressed in the CD phase. In between the DD & CD document submissions, we will also submit design documents to the Town for review and comment at the 75% complete stage. We will prepare the plans so that the project may be separated into two different construction stages, requiring separate advertising, bidding, and construction. We will develop a detailed construction schedule including both phases of the work at both the DD and CD levels. The elements to be included in the final design package will be as shown by Conceptual Layout 3A, attached herein for reference. Clarification of the elements delineated by the attached sketch is as follows: • Artificial turf field for the central athletic surface (baseball and soccer) and for the softball field. We will work with the Town of North Andover to identify the product type that is best suited for their needs and will offer several different types for your consideration. We will assist in the identification of the performance and cost characteristics of each product type. All other recreation areas shall be natural turf grass. • On site stormwater collection and infiltration depending upon soil test pit data. • Field lighting of both of the central athletic surfaces and of the softball field. Pedestrian lighting of all other areas as needed. • Spectator seating using prefabricated metal style bleacher seating throughout, where space allows and where desired by Town. Each section will only approach 6-7 rows of seating. Dugouts will be needed for the central (full size) baseball field and for the softball field. No press box. • Ball netting will likely be required against west side of the property and behind the backstop at the softball field to keep balls from being hit into the abutters property. • Shade structures at selected picnic or passive recreation areas. • Hard Surface walking paths and driveway access for emergency and maintenance equipment throughout. TVAM I Waterfield Design Croup • Fencing as needed for security and/or separation of uses. • Signage as needed for branding/awareness and internal wayfinding and circulation • ADA conformance throughout. • Irrigation of the natural turf grass field area and of one (primary) entrance feature that may be included as part of the redesigned `front door' on Route 125. Hose bibs at selected locations to be determined for maintenance purposes throughout. • Playground design shall be reviewed by a Certified Playground Safety Inspector to ensure that all elements proposed will pass inspection post -construction. • Selection of play equipment and hardscape sport equipment as needed to support the final design of the playgrounds and sport court areas. We will work with the Town of North Andover project staff (including but not limited to representatives from the Atkinson Elementary School, the Early Childhood Center and the Middle School) to identify an equipment package that is the most appropriate for the identity, function, and user groups at this location. Two (2) restroom buildings located as noted. Storage structure will also be reviewed with the Town project team and we have assumed one (1) storage building will be included. We have assumed that the storage building will have lawn care equipment only (no trucks or passenger vehicles) and a floor drain. Due to the presence of oil and gasoline, an oil/sand separator will be required. An evaluation will be performed on the cost/benefit of prefabricated versus stick built (on-site) construction along with an evaluation of combining these various functions into one structure versus having separate independent structures. Restroom buildings will not be heated. We have assumed the structures will not require a fire suppression system. Concession building will have the ability to cook and prepare food which requires a fuel source, metering, and other Board of Health required safety/operational elements (including vent hood). Our scope includes all necessary coordination with the town's Board of Health to satisfy their needs regarding the food preparation aspect of this proposed building. Concession building will not be heated. We have assumed the structure will not require a fire suppression system. An "Ansul" dry agent fire suppression system will be provided with the commercial hood that we have assumed will be required in the cooking area. We have assumed that all appliances will be powered electrically and not by natural gas or propane. • We have assumed that each of the small ancillary structures noted above will be pre- fabricated structures. If a stick -built option is desired, additional fees will be required for the structural engineering that would be required on these items. NAM I Waterfield Design Group Amphitheater area will have a solid surface, likely concrete, to serve as a stage or small performance space. Amphitheater area will have power and audio/visual cables that could support the performance area controlled remotely within the venue area and a speaker system that would be procured separately by the Town. We have assumed there will be no rigging structure on the flush concrete stage and that screens and production equipment (projectors, amplifiers, sound system controls, etc.) will be procured by others. • Up to four (4) security call stations will be included within the site. The entire project site will be wired to accommodate security cameras. Cameras will be installed as part of this project. The monitoring of imagery produced by the cameras at the project site is assumed already in place or would be procured by the Town separately (either through a separate vendor or by extension of this contract scope). Our scope assumes we will assist Town in the selection of video camera equipment and the specification of conduit locations, camera locations, and wiring within the conduit. How this system is monitored or what this system connects to is not included in our scope unless the connection involves a simple, readily available integration to an existing receptor. • Underground conduit routing will be designed for communication services connecting each building to either the Middle School or to a new service location brought in from Route 125. Wiring of the communication conduits is not included. • Each building will include intrusion detection that will be fed to the Middle School and door access systems via a key card. • We have assumed that a separate power feed will need to be brought into the site to support the various needs as proposed by the concept plan. • Parking lot canopies that might support solar panels; solar charging stations; and access control gates are excluded from this scope of work. • If the ancillary small buildings included in the project require filed sub -bids for bidding, our scope includes the preparation of a filed sub -bid specification. • All equipment selections chosen through this design process includes two (2) iterations. If more interaction is needed, that continued effort will need to be covered on an hourly basis. • We have assumed that the field lighting tower foundations will be designed by the manufacturer of the poles and not require a separate structural engineer's involvement. Our final design documents will also include all necessary engineering and permitting aspects required for the stormwater management aspects of the project as designed. This includes the NAM ( Waterfield Design Group preparation of Notice of Intent (NOI) documents for submission to the Conservation Commission and the Massachusetts Department of Environmental Protection (DEP). We will include with our submission the necessary Stormwater Pollution Prevention Plan (SWPPP) in conformance with state and local requirements. We will prepare a construction staging plan for up to three (3) potential construction phases. Our fee assumes that we will be splitting the project into three separate bid packages based on the expected Town funds that may be made available for each phase and based on the goals and objectives of the Town regarding priorities. Our deliverable for this task will include all engineering and landscape architecture design plans, a technical specification, and cost estimate required for the elements noted on the referenced concept plan and as further described above. Our final deliverable will be two (2) sets of final design documents (plans, specifications) suitable for advertisement for public bid for construction by the Town of North Andover. We will utilize a bid form and specification `front end' provided by the Town (same as McEvoy). Meetings to support the work of Task 5.0 are defined in Task 6.0. Task 5.0 Fee $405,000.00 Task 5.1 Fee Separate Bid Documents $11,200.00 (this was requested by town as a separate line item) Taslc 6.0 Meetings During the DD and CD design process, we will meet with the Town of North Andover project team and abutters. We will also meet with the designers of the proposed Kindergarten Project to coordinate between the two projects. For this scope of work, we have assumed the following collection of meetings: Town Project Team Planning Board Board of Selectmen Conservation Commission Mass DEP ECC Design Team Public presentations 8 (DD/CD meetings included in this number) 3 2 I If additional meetings become necessary, we can add those to the project for an additional fee based either on our firm's hourly rates or if a larger number of new meetings are required, we can submit a supplemental scope of work proposal. All meetings are assumed to be in North Andover except for MassDOT (Arlington) and Mass DEP (Wilmington). Task 6.0 Fee $32,500. ,7*M ( Waterfield Design Group Taslc 7.0 Bid Phase Services We will assist the Town of North Andover in their management of the public construction bid process. We will participate in a pre-bid conference on-site. We will respond to any written questions received during the bid period. We will review the technical aspects of the highest qualified low bidder. We will review the low bidder's past projects and contact references. We will prepare a written summary of our results to the Town for their consideration in the final award of a construction contract. The Town of North Andover shall be responsible for entering into a legal contract with the selected bidder. We will perform this process three (3) times due to the phased aspect of the total project. Task 7.0 Fee $5,000.00 for each construction phase $15,000.00 for all three phases Taslc 8.0 Construction Phase Services Once a firm has been awarded the construction contract, we will participate in one (1) pre - construction meeting. We will review shop drawings and answer any requests for information (RFIs). We will review contractor payment requisitions for technical competence only. We will answer any questions the Town of North Andover has in their daily management and oversight of the contractor's work. We will meet once weekly on-site with the General Contractor and the Town to review progress. We have assumed a construction duration of 8 months for each of the three (3) construction phases (24 months total). Of this period, we have assumed that only 6.5 months will require weekly site visits for job meetings. We have included four (4) special meetings for general assistance and to accommodate unexpected construction issues. We will visit the nursery selected by the General Contractor (assumed to be within 100 miles) to tag major plants and trees. We will perform semi-final and final construction inspections and prepare a punch list of incomplete and inadequate items. Change orders based on unforeseen conditions or to accommodate the preferences of either the Town or the General Contractor are considered out of scope and shall be completed on an hourly basis, if requested. We will perform this process three (3) times due to the phased aspect of the total project and we have assumed that each construction phase will require eight (8) months. Attached to this document is a potential construction phasing plan depicting how the project could be divided into three separate construction phases. If a full time on-site Construction Clerk is required, we have provided a separate line item for this service. Through discussions with the Town, this position is budgeted for a mid-level experience person, having between 7 and 10 years or more of experience. For each phase, we have assumed a full time on-site presence of one person for 6.5 months. Task 8.0 Fee $43,000.00 per phase $129,000.00 for all 3 phases Task 8.1 Fee (Optional) Full Time Clerk $130,000 per phase 'VW ( Waterfield Design Group (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; 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. 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, 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 $2,700.00 be included for direct expenses. Actual costs must be paid. (C.) Total Estimated Fee Our fee for the work described herein is a lump sum amount of $624,500, which includes all expenses. Invoicing will be not more than once monthly and progress payments will be required based on the approximate percentage of the work completed. This fee includes all design as noted above (including the separation of the design into three bid packages) as well as bid and construction phase services for all three phases of construction. This fee does not include a full time clerk in any of the phases as that task is presented at this time as an optional service. IVAM ( Waterfield Design Group An itemized summary of the task categories and fee amounts presented by this scope of work is provided below. Design Phase Task 1.0 Supplementary Topographic Survey $ 4,200. Task 2.0 Wetland Delineation $ 1,900. Task 3.0 Soil Evaluation & Geotechnical Engineering $ 23,000. Task 4.0 Coordination w/ Kindergarten Team included in Task 5.0 Task 5.0 Design Development & Construction Bid Documents $ 405,000. Task 5.1 Separate Bid Documents $ 11,200. Task 6.0 Meetings $ 32,500. Subtotal Design Construction Phase Services (CPS $ 477,800. Task 7.0 Bid Phase Services $5,000/phase; if 3 phases $ 15,000. Task 8.0 Construction Phase Services $43,000/phase; if 3 phases $ 129,000. Subtotal Construction Phase Services $ 144,000. Construction Phase (Optional) Task 8.1 Full Time Clerk $130,000/phase If 3 construction phases $390,000. Direct Expenses Design & CPS only, not including Clerk option $ 2,700. (D.) Notice to Proceed Your signature in the space provided below indicates your acceptance of the scope of work and fee estimate provided herein. Our company's Standard Terms and Conditions are made part of this Agreement by reference here once work begins. This additional work will abide by all terms contained in the fully executed original contract for this project between the Town of North Andover and Waterfield Design Group, Inc. AGREED AND ACCEPTED: Town of North Andover Signature: Date Printed Name: NNM I Waterfield Design Group CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the WA -1 - held Jheld on DY it was VOTED, THAT (Name) (Officer) ofbe and hereby is authorized to execute contracts and bonds in the name and on behalf of said G1 , and affix its corporate seal hereto; and such execution of any contract or obligation in the name ofon its behalf by such officer under seal of , shall be valid and binding upon kyp j I hereby certify that I am the clerk of the above named ��f ` and that is the duly elected officer as above of said �G, , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. T (Date) Certification of the Corporate Clerk (Clerk) N7VM I Waterfield Design Group December 12, 2017 Town of North Andover 120 Main Street North Andover, Massachusetts 01845 Attention: Mr. Raymond T. Santilli Assistant Town Manager Reference: Middle School Athletic Fields and Recreational Complex Corporate Authority to Execute Contracts WDG Project No: 1573 Dear Mr. Santilli: As requested by Article 16 of the Town's consultant contract for the above referenced project, we are providing you this letter. The corporate authority for me to execute contracts on behalf of our company is continuous and is in full effect as of the date this contract will be executed by all parties. If you have any questions, please do not hesitate to contact me directly. Very truly yours THE WATERFIELD DESIGN GROUP, INC. Roger H. Miller Clerk & Chief Financial Officer 50 Cross Street Winchester Massachusetts USA 01890 781.756.0001 www.waterfielddesign.com 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. Print Name & Title fM kt,� Date ���4T1✓Q-}� 1 ` 1 �1Gc� Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I cp,d} M LA j , authorized signatory for VU- e6)A `P Name of individual Name co tractor 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. ig atur Date WATER4 OP ID: DB ACC►RU- `,r CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDJYYY'n 12/21/2017 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). PRODUCER Poole Professional Ltd. 107 Audubon Rd. 02, Ste. 306 Wakefield, MA 01880 Christopher A. Poole NAMEACT; Christopher A. Poole — — - - _-- — - PHONE T81-245-5400 a No : 781-245546$ a N Ext EAML ADDRESS: OBSBAPS6372 06/11/2017 INSURERS AFFORDING COVERAGE NAIC a INSURER A. Sentinel Ins. Co. 11000 PREMISES Ea occurrerue $ 1,000,00 INSURED The Waterfield Design INSURERS: Hartford Insurance Company 30104 Group, Inc. 50 Cross Street INSURER C .BERKLEY DESIGN PROFESSIONAL $260$ INSURER D; Winchester, MA 01890 INSURER 9: A INSURER F LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TOCERTIFY 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. LTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Norah Andover POLICY NUMBER MMl MMI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR X Business Owners Y AUTHORIZED REPRESENTATIVE OBSBAPS6372 06/11/2017 06/11/2018 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrerue $ 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS -COMPIOPAGO $__ 2,000,00 $ A AUTOMOBILE X LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS Y 08SBAPS6372 06/11/2017 06/11/2018 COMBINEDSING L Ea accident $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Per accident $ A X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE Y 8SBAPS6372 06/11/2017 06/11/2018 EACH OCCURRENCE $ 6,000,00 AGGREGATE $ 61000,00 DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEREYIN OFFICERIMEMBER EXCLUDED? (RMndstory in NH) If yes,describe under DESRIPTION OF OPERATIONS below N / A 8WECCP0860 01/04/2018 01!04/2019 XCTH- STATUTE ER E.L.EACHACCIDENT $ 11000900 - E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 C rch/Engrs Prof Liability EC -9004976-02 09/0612017 09/06/2018 Per Claim 11000,00 Aggregate 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Middle School Athletic Fields and Recreational Complex CERTIFICATE HOLI)FR camil"PI I ATIAIU TONAN-5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Norah Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street North Andover, MA 01845 AUTHORIZED REPRESENTATIVE C 1888-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD