HomeMy WebLinkAboutContract #: 1205 - From: 05-31-2019 To: 12-31-2019 - Woodard & Curran - DPW TOWN OF NORTH ANDOVER
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
CONTRACT
DATE:
This Contract is entered into on,or as of,this date by and between the To of North
Andover(the"Town!),and
Contractor: Woodard& Curran
Address: 33 Broad Street
One Weybosset Hill, 7th Floor
Providence,RI 02903
Telephone Number: 401-427-1326
Email: kcarlson@woodardcurran.com
1. This is a Contract for the procurement of the following:
Provide engineering services including Resident Engineer and Environmental
Monitor in accordance with the proposal dated March 13,2019.
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
In accordance with the proposal dated March 13,2019, on a time and material basis,
not to exceed$15.000.
3. Payment will be made as follows:
Upon completion of services and receipt of invoice,net 30 days.
4. Definitions:
(Rev 2010)Contract by and between the To of North Andover and Page 1
4.1 Age aiLce: 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 complementai y,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. e Contractor:
�tractor: 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 to "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 to
_ _ _
includes one who furnished material worked to a special. design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
4.8 Services: Shall mean furnishing of labor,time, or effort by the Contractor. This to shall
not include employment agreements,collective bargaining agreements,or grant agreements.
4.9 Standard of Care: Contractor's services shall be performed in accordance with the
generally accepted professional standard of care ordinarily used by design
professionals performing similar scope of services in the same geographic area on
projects of similar size and complexity.
5. Term of Contract and Tune for Perforniance,
This Contract shall be fully performed by the Contractor in accordance with the provisions
of the Contract Documents on or before December 31,2019, 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 To of North Andover and 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 ADt)roDriation:
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. Perit &provals:
Pen-nits, 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 to of
termination.
b. For Cause. If the Contractor is determined by the Town to be in default of any to
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 ail 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) fair '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,
(Rey 20 10)Contract by and between the To of No Andover and Page 3
(v) discontinuance of the services for reasons not beyond the Contractor's
reasonable control, (vi) failure to comply with a materialterm of this Contract,
including, but not limited t , the provision of insurance and non-discrimination,
(v i)any other acts specifically and expresslystated in this Contract as constituting
a basis for termination of this Contact, and ( 'ii) failure to comply with any and
all requirements of federal and/or state lawand/or regulations, and Town bylaw
and/or regulations.
9. e Contractor's Breach and the o 'sRemedies:
Failure of the Contractor to comply with any of the terms or conditions of this Contract shall
e deemed a material breach of this Contract,and the Town of North Andover shall have all
e rights and remedies provided in the Contract documents, the right to cancel, terminate,
or suspend the Contract in whole or in ,the right tomaintain any and all actions at law
or in ' or other proceedings with respect to a breach of this Contract,including ages
and specific performance, and the right to select among the remedies available to it by all of
e above.
From any sums due to the Contractor for services,the Town may keep the whole or any part
of a 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.
1 . Statutory Co ii ce:
a. 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
incorporatedby reference into this Contract, including, but not limited to, the
following:
General Laws Chapter 30B a-Procurement of Goods and Services.
General Laws Chapter 30, Sec. 39,et seq: -Public Works Contracts.
General Laws Chapter 149, Section 44A,et se : Public Buildings Contracts.
General Laws Chapter 7, Sections 38A V2- O: Designer Selection
b. 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
cities and Towns,such law or regulation shall control.
C. The Contractor shall give all notices and comply th all laws and regulations
bearing on the performance of the Contract. If the Contractor performs the Contract
(Rev 201 )Contract by and between the Town of North Andover and Page 4
in violation of any applicable law or regulation., the Contractor shall bear all costs
arising therefrom.
d. The Conti-actor shall keep itself fully informed of all existing and future to 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 or 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 or 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.
e. If changes in the law occur during the to 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 contained in Paragraph 27..
11. Conflict of Interest:
Both the To and the Contractor acknowledge the provisions of the to 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
Cliapter 268A.
12. Certification of Tax Compliance
This Contract must include a certification oft 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 fall compliance with all of
the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against
Discrimination) and any executive orders, rules, regulations, and requirements of the
Commonwealth of Massachusetts as they may from time to time be amended.
14. Assignment:
Assignment of this Contract is prohibited,unless and only to the extent that assignment is
provided for expressly in the Contract documents.
(Rev 2010)Contract by and between the To of North Andover and Page 5
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 To Manager or its designee; and (2) endorsed with approval by the
To Accountant as to appropriation or availability of funds; and (3) endorsed with
approval by the To Counsel as to form.
16. Co orate Contractor:
If the Contractor is a corporation, it shall endorse on 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 Chat-ter 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
To of North Andover shall be individually or personally liable on any obligation of the
To 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. Documents.Materials,Etc.
(Rev 2010)Contract by and between the Town of No Andover and Page 6
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 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.
hard copy and an electronic copy (if requestedy 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.
e 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
der 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 o 's
use of the document on projects other than the project which is the subject of this Contract,
unlessthis is a contract for design services for a master plan or prototype.
20. Audit,Inspection and RecordkeeDiniz
t 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
o all matters covered by this Agreement.
. PUment
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth,
in e Contractor's bid or proposal within (3 )days of receipt of an invoice detailing
e work completed and acceptance from the Town of the work completed.
. 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 Agree a t;prior to the effective date of the amendment.
o the extent allowed by law, any conditions, duties, and obligation's contained in this
Contract may be waived only by written Agreement by both parties.
(Rev 2010)Contract by and between the Town of North Andover and Page 7
Forbearance or indulgence in y 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. Forurn and Choice of Law
This Contract and any performance herein shall be governed by and be construed i
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
e 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.
. Notices
Any notice permitted or required under the provisions of this Contract to be given or served
y either of the parties hereto upon the other party hereto shall be in 't' and signed in
e 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( )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 beingsent to the Town Manager,Town Hall, 120 main Street,North Andover,
Massachusetts 01845.
26. Bindiniz 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. 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.
28. Minimum Wage:
e Contractor will carry out the obligations of this Contract in full compliance with all o
the requirements imposed or pursuant to General Laws Chapter 11, § , et seq.
(Minimum Wage ) and any executive orders, rules, regulations, and requirements o
e Commonwealth of Massachusetts as they may from time to time be amended.
. Insurance:
Failure to provide and continue in force the following insurance a 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
(Rev 201 )Contract by and between the Town of North Andover and Page 8
actions resulting from the failure to provide the insurance required by this Article. The
Contractor shall furnish to the To evidence of such insurance or to the execution of
this Contract before the same shall be binding on the parties thereto, except if specifically
waived by the Town.
a. The Contractor shall provide by insurance for the payment of compensation and the
fin-nishing 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.
b. 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.
c. Automobile Liability Insurance, including coverage for owned, hired or borrowed vehicles
with limits of at least $IM each person/each occurrence or a combined single limit of $1
Million.
d. 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 To 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 To prior to the execution of the Contract.
e. 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 topurchase and maintain insurance of such character and in such
amounts as will adequately protect it and the To from and against all claims,damages,losses
and expenses resulting from exposure to any casualty liability in the performance of the work.
E All required insurance shall be certified by a duly authorized representative of the insurers on
the"UTLA"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 To prior to commencement of this agreement.
g. 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.
30. Complete Contract:
This instrument,together with the other components of the contract documents,constitutes
the entire contract between the parties, with no agreements other than those incorporated
herein.
31, Indemnification:
(Rev 20 10)Contract by and between the To of North Andover and Page 9
The Contractor shall indernnify, 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 the may be liable,
regardless of whether or not it is caused in part by any party indemnified hereunder. The
existence of insurance all in no way limit the scope of the Contractor's indemnification
under this contract.
IN WITNESS WHFRECIF the parties have hereto and to two other identical instruinents set
forth their hands the day and year first above written.
THE TOWN THE CONTRACTOR
Division/b6pahmeni Head Company Name
41211-11
TwG%4anager 0 Date' ignature Efate
�/e A vi e 141 (JJ,. Ca,K ISM �( Vy 5401�1
t Ind&Title
APPROVED AS TO FORM:
To Counsel Date
CF,RTIFICATION AS TO AVAILABILITY OF FUNDS:
qA_
Town Akount-ant- Date
(Rev 20 10)Contract by and between the To of North Andover and Page 10
WOODARD&CURAN
Town of North Andover, Massachusetts
Proposal
for
Old Farm Road Sewer Replacement
Engineering and Environmental Monitoring Services
March 13,2019
SCOPE OF SERVICES
Woodard&Curran (WC)will provide engineering and environmental services to the Town for the Old Farm
Road Sewer Project,consisting of replacement of two sections of existing sewer,one in Old Farm Road and
one in the adjoining easement. Services will be in accordance with the Order of Conditions dated July 14,
2017,MassDEP File#241-1706 attached hereto for reference,
Environmental monitoring shall be performed by our subconsultant, Environmental Consulting
Restoration, L (ECR),In accordance with the attached ECR Proposal dated March 8,2019.
SCHEDULE
Work shall commence on receipt of your Notice to Proceed and all services will be completed within 270
calendar days from receipt of a notice to proceed from the Town, unless otherwise required by the Order o
Conditions.
FEE
The estimated fee for our services under this proposal is$15,000 and will not be exceeded without approval
by the Town.
Woodard & Curran will prepare a monthly invoice for our services, Labor rates, indirect costs and
subconsultant markups will be from Woodard & Curran's current Municipal & Institutional Standard Rate
Schedule,attached hereto.
n i i I & Institutional
i
019 Rate ScheduleWOOD ARC
CURRAN
Labor Category
Administrative / J
Drafter I D
- Project Assistant
- Procurement S ecialist
- Designer
ANWHIA
- Technician �l 't
- Inspector/Technician 2 r i
- GIS Analyst/Operations Specialist
- Desi ner 2/Geologist 1 /GIS Developer
- Scientist 1 1 ( �
- Technical Service Specialist 1
- Engineer 1/GIS Analyst 2
- Scientist 2/Resident Engineer
- Geologist 2
- Designer 3 J f
- Geologist 3 ,
- Scientist 3
- Engineer 2
- Senior Designer/Technical Service Specialist 2
- GIS Solutions Analyst/Planner
- Project Geologist/Project Scientist
GIS App Developer
- Construction Manager/Engineer 3/Project Geologist 2/Project Technical Specialist 1
- Project Engineer/GIS Manager
- Project Scientist 2/Project Technical Specialist 2 f
- Senior Planner
- Project Engineer 2
- Senior Engineer/Senior Geologist/Senior Project Engineer/Service Manager
- Project Manager /Technical Expert 1 /Technical Leader/Technical Manager 1
Principal Project Manager/Project Manager 2/Technical Expert 2/Technical Manager 2
Practice Leader/Senior Project Manager/Senior Technical Manager
- Director of Practice/Licensed Site Professional
- Chief Technologist/Principal ,
Expense Category
Travel' . / ll
Expenses At Cost Plus 1 %
1 o Mileage rate will change as the federal allowable rate is modified,
290
i
P
ECR
-�
Environmental Consulting& Restoration, LLC
ENVIRONMENTAL MONITORING PROPOSAL
TO: Ken Carlson @ Woodard&Curran
FROM: Brad Holmes @ ECR, LLC
DATE: March 8,201
LOCUS: Old Farm Road&French Farm Road, North Andover—Wetland Monitoring Services
PROPOSED SCOPE OF SERVICES
1. Review the Order of Conditions and Site Plans. Included in this task is updating the Conservation office of
R's involvement as the Wetland Monitor/Erosion Control Monitor for the project.
Z Attend one pre-work onsite meeting with the contractor and Conservation Agent prior to the start of work to
review the proposed project and discuss the Order of Conditions. Included in this task is replacement of any
missing wetland flags as necessary on and near the project site.
3. Provide weekly monitoring services to review the status of erosion controls,status of the project,conditions
of the wetland resource areas,etc,Monitoring shall follow the requirements of the Order of Conditions to
include:
A. Monitoring during associated project work as necessary.
B. Monitoring and inspections within 24 hours after 0.5 inch rainfall.
C. Reporting to include weekly reports with photographs during active construction.
4. Upon project completion ECR shall perform a final review in order to prepare and submit a Completion
Report to document site stabilization and recommendations towards a Request for Certificate of
Compliance.
PROPOSED BUDGET
The labor rate for the proposed scope of services is$120.00 per hour for the Professional Wetland Scientist and 95
per hour for the Wetland Technician. An estimated breakdown of hours for each phase is listed in the Table on the
following low:
Estimated
Tasks Hours Rate Budget Expenses
1 1 $120.00 $120.00
2 5 $120.00 $480.00 $75.00
3 12 .00 $3,600.00 $225.00
0 $95.00 $4,750.00 $375.00
4 8 $120.00 $960.00 $75.00
Estimate is 8 weeks at 10 hours per week(monitor,travel,&reporting),which
totals 80 hours
Total Budget Total Expenses
$9,910.00 $750.00
TOTAL BUDGET&EXPENSES $10,660.00
Notes:
Ex enses relates to$75 er round tri event PI mouth to North Andover&back
i
ECR
Environmental Consulting & Restoration, LLC
Total budget is Ten thousand six hundred sixty($10.660.00.001 dollars.
CR shall invoice the Client every two weeks during ongoing services. Payment is due within 30 days upon receipt
of invoice.
ADDITIONAL SERVICES
Please note that additional services could be completed in the form of an Additional Services agreement,which is not
included in this proposal. Additional services such as additional meetings,mitigation plans,etc.may become
necessary and could be completed as an Additional Service at the hourly rate listed above. If Additional Services
become necessary„ECR will obtain authorization from the Client prior to commencement.
AGREEMENT
If this proposal is agreeable,please authorize by your signature in the space provided below and email a copy back
to Bradecrholmes.com or mail a copy back to Environmental Consulting&Restoration,LLC®P.O.Box 4012,
Plymouth,MA 01.
I
Signature Date
If you have any questions,please call me at 617-529-3792 or email me at brad@ecrholmes.com.
Thank you,
Environmental Consulting&Restoration,LLC
Brad Holmes„ Professional Wetland Scientist,Massachusetts Certified Arborist
Manager
MEN=
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau Of Resource Protection-Wetlands MassDEP File#:242-1706
WPA)Form S-Order of Conditions eDEP Transaction#:939948
Massachusetts Wetlands Protection Act M.G.L,c.131,§40 City/Town.NORTH
L I ANDOVER
A.General Information
1.Conservation Commission NORTHANDOVER
2.Issuance a. W 00C br- Amended OOC
3.Applicant Details
a.First Name ANDREW b.Last Name C11ABIN
c.Organization PRINCETON PROPERTIES(CO-APPLICANT WITHNORT.11 DO It DPW)
d.Mailing Address 1115 WEST FORD STREET,4TH FLOOR
&City/Town LOWELL f State MA g.Zip Code 01851
4.Property Owner
a.First Name JIM b.Last Name STANFORD
c.Organization TOWN OFNORTH ANDOVER-SEWER EASEMENT
d.Mailing Address 384 OSGOOD STREET
e.City/Town NORTRANDOVER f to MA &Zip Code 01845
5.Project Location
a.Street Address 0 REA POND&244 FRE NCII FARM ROAD-SEWER
EASEMEIN
b.City/Town NORTHANDOVER c.Zip Code 01845
d.Assessors 62 e.Parcel/Lot#22&67
map/plat#
f Latitude 42.71709N g.Longitude 71.10223W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate e.Book d.Page
NOR SEX 1268 638
7,Dates
a.Date NOI Filed:6/2/2017 b.Date Public Hearing Closed:7/12t2017 c.Date Of Issuance: 7/1412017
8.Final Approved Plans and Other Documents
a.Plan Title.- b.I'lanPrepared by: c-PlanSigned/S tamped bye d.Revised Final Date: e. le:
FIGURES 1®5 SOCI
EPSILON NONE Mass GIS 2013 VARIES
ASATES
FIGURE 6 DPW WESTON&
SEWER SYS11MM SAMPSON NO June 2008 V-400'
MAP
FIGURE 7&8 AS-
BUILTPLANAND BARKER STREET
PROFILE CROSS ASSOCIATES DAVID A.WEBBER,PLS MarchI0, 1989 I"—A&
COUNTRY SEWER
LINE
B.Findings
i.Findings pursuant to the Massachusetts We flands Protection Act
Page 1 of I I ELEC`IRONIC COPY
ftovidedbyMassDEP:
Massachusetts Depar ent of tm Environmental MassDF.P File#:242-1706
Protection
Bureau of Resource Protection-Wetlands eDEP Transaction 039948
WPA Form 5-Order of Conditions 01y1Tovm:N0RTKANDOVJ3R
Massachusetts Wetlands Protection Act M.G.L c,13 1,§40
.............................
Following the review of the the above-referenced Notice of Intent and based on the information provided in this
application and presented at the public hearin&this Commission finds that the areas in which work is proposed is
significant to the following interests of the Wetlands Protection Act
Check all that apply:
as W Public Water Supply b.17 Land Containing Shellfish c.rV Pizven.tion of Pollution
&)V Private Water Supply c.17 Fisheries L 9 Protection of Wildlife Habitat
g.W. Ground Water Supply h.17 Storm Damage Prevention i.r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.17 The following conditions which are necessary in accordance with the performance standards set forth in the
wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of
Intent referenced above,the following General Conditions,and any other special conditions attached to this
Order.To the extent that the following conditions modify or differ front the plans,specifications,or other
proposals submitted with the Notice of Intent,these conditions shall control
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the well and regulations.
Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which
provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued,A
description of the performance standards which the proposed work cannot meet Is attached to this
Order.
c.r-The information submitted by the applicant is not sufficient to describe the site,the work or the affect of the
work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides sufficient information and
includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is
issued.A description oft a specific Information which Is la6king and by It h necessary Is attached to
this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance end the wetlaud.
resource area specified in 3 I0CMRI 0.02(1)(&)°-
a.linaar feet
Inland Resource Area Itupacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacernmit
4.V'Rank
am_11near feet b.linear feet c.linear feet d,—linear feet
5.17 Bordering Vegetated Welland i5s_quare feet b.square feet Zsquarr feet a_._sqyare feat
6.r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
i.—cly dicdgad f.c/y dredged
Page 2 of I I*ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MwDEP:
Protection MassDEP File#:242-1706
Bureau of Resource Protection-Wetlands eDW Transaction#:939948
tyown TH AND
WPA Form 5-Order of Conditions Ci /r NOR OVER
Ll Massachusetts Wetlands Protection Act M.G.L.c.131,§40
7.17 Bordering Land Subject to Flooding 720 720 720 720
a.square feet b.square Feet c.square feet d.square feet
Cubic Feet Flood Storagee.—cubic feet C cubic feet g. is feet b.cubic feet
8.r Isolated Land SuWact to Flooding
a,square fact. b.square feet
Cubic Feet Flood Storage c,cubic feet d.cubic f6et e.—cubic feet f.—cubic feet
5).r Riverftont Area
i.—to-til—sqfcct K.to—sq.feet
Sq ft within 100 ft
o:-s—"=feet Ts—q-am fed a,square feet f square fact
Sq ft between 100-200 ft j.—square feet K-s—q yam feet T-s—quare feet 1.—square fi-,,-t
Coastal Resource Area Mipacts.
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
I ir LandUnder the Ocean
a.square feet b,square fed
Z——dredged
12.r'Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
i.—square feet K—squam fed c.cly—nondsbmant d.ely nourishment
14.r Coastal Dunes
a.square feet ii.—squM feet c,cly noudsibment d.cly nourishment
15.17-Coastal Banks
a, feet b.Enear fed
16.r Rocky h-dertidal Shores
a,square feet b.square feet
17.r Salt Marshes
Z—squam fixt 'b.—s—qamfcet Z-s—qiiare feet T—squaft feet
18.1- Land Under Solt Ponds
W-s—quue beet b-siquu-cleet
c,cly—dmfted T-c/Td—tvdged
19.1-Land Containing Shellfish
a,squereficat b.square feet c.square feet d.square fed
Page 3 of 11 ELECTRONIC COPY
Massachusetts Department of Environmental ProvidedbyMassDEP:
L74 Protection MassDEP Pile#:242-1706
Bureau of Resource Protection-Wetlands cDEP Transaction V.939948
Cityfrown ANDOVHk
MTA Form 5-Order of Conditions NORTH
Massachusetts Wetlands Protection Act M,G.L.c.131,§40
b&mW size undenCo0ijAl Ba' er the
4wd.Ikd
20.eFishRuns OooM and/or W* UnftWgterbodim and Waterways,
a
dredged Kc-/y�-dredged
.21.E.Land Subjeatto Coastal Storm Flowage
a.square feet b.square feet
r RestorationtEnhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered iri Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh.
23''r Stream Crossing(s)
If tha project involves Stream Crossbgs,please enter the number of stream crossings/number ofreplacement
stream crossings.
a.number of news crossings b.number of replacement stream
crossings
C.General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,
shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to
private property or invasion of private rights.
I This Order does not relieve the ttee or any other on of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either
of the following Vply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three yem,but less than five
year.%from the to of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circunistances warranting the extended time period are set forth as a
special condition in this Order.
S. This Order may be extended by the issuing authority for one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to the expiration date of the Order,
& If this Or constitutes an Amended Order of Conditions,this Amended Or of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,rcfiase,rubbish,
or debris,including but not limited to lumber,bricIrs,plaster,wire,lath,paper,cardboard,pipe,dres,ashes,
reffigerators,motor vehicles,or parts of any of the foregoing.
8 This Order is not final until all administrative appeal periods from this Order have clap"or if such an appeal
has been taken,until all proceedings before the Department have been completed.
Pago 4 of 11 *BLFL'TRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#-.242-1706
Bureau of Resource Protection®Wetlands eDEP Transaction#,939948
WPA Form 5-Order of Conditions CitylTown.NOR111 ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
9. Now shall be undertaken until the Order has become final and then has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located,within the chain of tide of the affected
property.In the case of recorded land,the Final Order shall also be no in the Registry's Grantor Index under
the name of the owner of the land upon which the proposed work is to be done.In the case of the registered
land,the Final Order shall also be to on the Land Court Certificate of Title of the owner of the land upon
which the prop osed.work is done.The recording informations be submitted to the Conservation
Commission on the form at the end of this Order,which form must be stamped by the Registry ofDeed3,prior
t®the commencement of work..
10. A sign,shall be displayed at the site not less then two square feet or more than three square fed in size bearing
the words,
Massachusetts Department of Environmental Protection"
for-MassDE,P-)
File Number-,"2424706"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation CommiWon shall be a party to all agency proceedings and hearings before Mass DER
12. on completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and,special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a new
Notice of Intent
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall
have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with
the conditions stated in this Order,and may require the submittal of any data deemed necessary by the
Conservation Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property aubject
to this Order and to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Worland,the
boundary ofthe wetland in the vichrity of the proposed work area shall be marked by wooden stakes or Ragging.
Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been
issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been.fully stabilized
with vegetation or other means.At no time shall sediments be deposited in a wetland or water body,During
construction,the applicant or his/her designees inspect the erosion controls on a daily basis and shall
remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to
require additional erosion and/or damage prevention controls it may deem necessary.Sedimentation barriers
shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MARUENANCB REQUREMENTS
19. The work associated with this Or due"Project")is(1)17. is not(2)r subject to the Massachusetts
Stormwater Standards.If the work is subject to Stormwater Standards,then the project is subject to the
following conditions;
a) All work including site preparation,land disturbance,construction and redevelopment,shall be implemented
in accordance with the construction period pollution prevention and erosion and sedimentation control plan
and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period
Page 5 of 11*ET ECTRONIC COPY
Massachusetts)Department of Environmental Provided by MassDEP.,
Protection MassDEP File#.242-1706
Bureau of Resource Protection.-Wetlands 6DEPTransacfion#:939948
WPA Form 5-Order of Conditions City/row.NORn-1 ANDOVER
Massachusetts Wetlands Protection.Act M,G.L.c.131,§40
erosion,sedimentation and pollution control measures and best management practices(BMPs) all remain
in place until the site is fully stabilized.
b) No stormwater tunoff may be discharged to the post-construction stormwater BMPs unless and until a
Registered Professional Engineer provides a Certification that:1.all construction,period J.3MPs have been
removed or will be re veal by a date certain specified in the Certification.For any construction period
BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or
treatment,the conversion is allowed by the MassDEP Storaiwater Handbook BW specifications and that the
BMP has been properly cleaned or prepared for post construction operation,including removal of all
construction period sediment trapped in inlet and outlet control structures;Ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,ratifying the site is
fully stabilized;W.any illicit discharges t6 the stormwater management system have been removed,as per
the requirements of Storrawater Standard 10;Jv.all post-construction stormwater BMPs are installed in
accordance with the plans(including all planting plans)approved by the issuing authority,and have been
inspected to ensure that they are not damaged and that they are in proper woiting condition;Y.any vegetation
associated with.post-construction J3MPs ismitably established to withstand erosion.
o) The landowner is responsible fbr BMP maintenance until the issuing authority is notified that another party
has legally assumed responsibility for 13MP maintenance.Prior to requesting a Certificate of Compliance,or
Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute
and submit to the issuing authority an Operation and Maintenance Compliance Statement.("'O&M Statement")
for the Storrawater BMPs identifying the party responsible for implementing the stormwater BMP Operation
and Maintenance Plan("O&M Plan")and certifying the following-.i.)the O&M Plan is complete and will be
implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be
notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management
BMPs and implement the Storrowater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control all be implemented in accordance with the long-
term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Storrawater
Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector
General Pe it.
a) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement
assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the
property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing
authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the
proposed responsible party shall be treated its a permittee for purposes of implementing the requirements of
Conditions 19(f)through 19(k)with rasp ect to that DW.Any failure of the proposed responsible party to
implement the requirements of Conditions 19(l)through 19(k)with respect to that BMP shall be a violation
of the Order of Conditions or Certificate of Compliance.In the case of stormwater BWs that are serving
more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required
operation and maintenance must be submitted along with the legally binding agreement,
f) The responsible party shall operate and maintain all stormwater DMPs in accordance with the design plans,
the O&M.Plan,and the requirements of the Massachusetts Stounwater Handbook-
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of
inspections,repairs,maintenance and/or replacement of the stormwater management system or any part
thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location);
2.Make the maintenance log available W MassDEP and the Conservation Commission("Commission!)
Page 6 of I I *ELECTRONIC COPY
Massachusetts Department of Environmental Provided byM ,
-^ Protection MassDEPFilef:24.24706
Bureau of Resource Protection d Wetlands cDFY Transaction B.939948
MTA Form 5-Order of Conditions Cityfrown.-NORIH ANDOVER
Massachusetts Wetlands Protection Act MAL,c°131,§40
on request®and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate
and ensure that the responsible party is in compliance with the requirements for each BMP established in
e O&M Plan approved by the issuing authority,
) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with
all applicable federal,state,and local laws and re0afion&
i) Illicit discharges to the stounwater management system as defined in 310 CMR 10.04 are prohibited,
j) The stormwater management system approved in the Order of Conditions shall not be changed without the
prior written approval of the issuing authority,
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as
defined in the Ma PP Storruwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design
Credits)shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance,repair,anal/err replacement of Bhes shall not be withheld.Any fencing constructed
around stormwater 13MPs shalt include access gates and shall be at least six inches above grade to allow for
wildlife passage.
SpecialConditions:
NONE
w Pag
e 7 of 11 *ELECTRONIC COPY
I
i
Massachusetts Department of Environmental Provided by Massl)FPo
Protection MassDEP File W:242-1706
Bureau of Resource Protection-Wetlands eDEP Transaction#-.939948
WPA Form 5-Order of Conditions City/Town.NORTH ANDOVER
Massachusetts Wetlands Protection Act M G.L.c.131,§40
D.]Findings Under Municipal Wetlands Bylaw or Ordinance
Ms a municipal wedan&bylaw or ordinance applicable?W Yes r No
07 DENIES the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this prqject may not go forward unless and until a revised Notice of Intent is submitted is
provides measures which are adequate to meet these standards,and a final Order or Conditions is issue&V&ch
are necessary to comply with a municipal ordinance or bylaw-
ix pr. APPROVES the proposed wed;subject to the following
additional conditions.
NORTHANDOVER
1®Municipal Ordinance or Bylaw WE-I"ILANDS TON 2®Citation CHAPrER 178
PRrM
BYLAW
3,The Commission orders that all work shall be performed in accordance with the following conditions and with the
Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,
specifications,or other proposals submitted with the Notice of Intent,the conditions shall control.
The spezial conditions relating In municipal ordinance or bylaw are as follows-
REATTACHED
Page 8 of 11*FJ-F-CI'RONIC COPY
Massachusetts Department of Environmental Provided by MassDEP;
Protection MassDEP File A242-1706
Bur of Resource Protection-Wetlands cDEP Transattion#.939948
WPA Form 5-Order of Conditions City/FownNORUI ANDOVER
Massachusetts Wetlands Protection Act M.GJ, c.131,§40
E.Signatures
This Order is valid for three years from the to of issuance,unless otherwise
specified pursuant to General Condition#4.If this is an Amended Order of
Conditions,the Amended.Order expires on the same date as the original Order of
Conditions.
PI indicate the number of members who will sign this form.Ilis Order must mm
be siped by a majority of the Conservation Commission. nib" janers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also
must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection
Regional Offic ifnot filing electronically,and the property owner,if different from applicant.
Signatures:
'0 L
r by hand delivery on 11byearti edra U,retm receipt requested,on
Date Date
F.Appeals
The spplicarz4 the owner,any person aggrieved by this Order,any owner of land abutting the land autject to this Order,
or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the
appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by
certified mail or hand delivery to the Department,with.the appropriate filing fee and a completed Request for
Departmental Action:Fee Transmittal Form,as provided in 310 CMR 10,03(7)within ten business days from the date
of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant,if balshe is not tha appellant.
Any appellants seeking to appeal the Departments Superseding Order associated with this appealwill be required to
demonstrate prior participation in the review of this project Previous participation in the permitproceeding means
the submission of written information to the Conservation Co fission prior to the close of the public hearing,
requesting a Superseding Order,or providing written,information to the Department prior to issuance of a
Superseding Orden
The request dWI state clearly and concisely the objections to the Order which is being appealed and how the Order
does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act
(M.G.L c.131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the
Order.is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or
regulations,the Department no appellatejurisdiction.
Page 9 of 10*BUCTRONIC COPY
Massachusetts Department of Environmental ProvidedbyMasiDEP.
Protection MassDEP File#:242-1706
Bureau of Resource Protection-Wetlands 60EP Transaction#-.939948
WA Form 5®Order of Conditions aly/rown:NORITIANDOVER
Massachusetts Wetlands Protection Act MAL c.131,§40
(UQL.c.131,§40),and is inconsistent with the wetlands regulations(3 10 CUR 10.00).To the extent that the
Order is based on a municipal ordinance or by d not on the Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction.
G.Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property.In the case of recorded land,the Final Order all
also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case
of registered load,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land
subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation
Commission listed below.
NOWFH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by The Registry of Deeds and submit to the Conservation Commission,
T'O_:............................*...................................... ...........................
NORTH ANDOVEt
Comervalion Commission
Please be advised that the Order of Conditions for the Project at:
0 REA POND&244 FRFNCH FARM ROAD-SEWFA 242-1706
Pmject Location MassDEP File Numbm
Has been recorded at the Registry of Deeds of
county Book Page
for:
Property Owner M6 STANFORD
and has been noted in the cham of tide of the affected property in:
Book Page
In accordance with the Or of Conditions issued ow
Date
Ifrerorded land,the instrument number identifying this transaction is:
InstrumentNurdber
If registered land,the document number identifying this transaction is:
Page 10 of 11 ELECTRONIC COPY
Massachusetts Department of Environmental 8 Provided by MassDEP.
Protection M&&sDEP File .242--17
Bureau of Resource Protection-Wetlands 6DEP Transaction :939948
WPA Form 5-Order of Conditions C`
Massachusetts Wetlands Protection Act M.G.L.c,1 1,§40
Document Number ......�._._._. ..m.-. ......�...
signature ofApplicant xay.utna�a
f
Page 1 I of I I E EMOTIIC COPY
DEP TILE#242—1706
Therefore, the North Andover Conservation Conunission(hereafter the"'NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regul affions,to protect
those interests noted above, The NACC orders that all work shall be performed in
accordance,with said conditions and with the Notice of Intent referenced below. To the
extent lathe follow 4peLcift q4tionA-gr other
nditions shall control.
L=G-ENER DITIONS:E��AL C 0�N
20.The proposed work includes: replacement of a 180-foot section of undersized sewer
pipe with a larger diameter pipe, Portions of the or and construction ace ss are
within Bordering LandSubject to Flooding(BLSF)and the Watershed Protection
District and Buffer Zone to Bordering and Isolated Vegetated Wetland(BVW/,IV"W)
and Bank associated with an Intermittent Stream.Work within BLSF is temporary and
all areas will be restored to existing grades and vegetative cover.
21.The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required)-
Applicants: North.Andover Division of Public Works
James Stanford,Director
384 Osgood Street
No. Andover,MA 01845
Princeton Properties
Andrew Chabin
1115 Westford Street,41h Floor
Lowell,MA 01851
Property Owner: Town of North Andover(Sewer Easement)
120 Main Street
North Andover,MA 01845
Notice of Intent: VVTA Form 3 and associated documents including
Attaclunents
Dated:June 2,2017
Prepared by:Epsilon Associates,Inc.
3 Mill&Main Place,Suite 250
Maynard,MA 01754
Site Plans prepared by. l3psilonAssociates
Figure 1-5
Weston&Sampson
.............
T42 17706,Ras Puu4.hcnch Faim Sewer Special Conditionsl NACC 7/14/2017
DE FILE H 242..T 1706
Figure
Richard.F.Kaminski and Assoc.,Inc.
Figure 7
Other Record Documents: Letter from Division of Fisheries&Wildlife
Till I3P File o.:1.7-36833
Date:June 28,2017
22. e t "'Applicant" as used in Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in e Notice o
fntent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance,
.The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. "These
obligations shall be expressed in covenants in l deeds to succeeding owners of
portions of the property,
24.Failure to comply ply l conditions stated herein„and with all related statutes and
other regulatory measures,shall be deemed cause to revoke or modify this Order.
25.This Order does not grant any property rights or any exclusive privileges,it does not
authorize any injury to private property or invasion of property rights. however,the
NACC,agent of the NACC or the Department t of Envirom-tental Protection(DPP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order o
Conditions,the Act(310 CMR 10,00),the North Andover Wetland ByLaw and
Regulations,and may require any information,measurements,photographs,
observations,and/or materials,or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation, Further,work shall
be halted on the site if e NACC,agent or DEP determines that any of the workis not
in compliance with this Order of Conditions. Work shall not resume until the 1'JA.CC:
is satisfied that the work will comply and has so notified the applicant in writing.
26.This Order does not relieve the per "ttee or any other person of the necessity o
complying with all other applicable federal,state or local statutes,ordinances,by-laws
or regulations.The Conservation Department will be copied on any per is or
approvals from the Army Corp of: neers as part of the General Permit process.
27.Ihe work authorized hereunder shall be completed within ee years from the date of
this order.
28. s Order may be extended by the issuing authority for one but not more than two
periods of up to one year each on application to the issuing authority at least AgLty
?.Z /06,iieaes:Pond_French Farm Sewer Special Conditlons2 ��� XACC 7/14/2017 �__
DEP FILE 0 242 1706
daysJ_ 30 i(It o the �x iration date of the Order e�pL Lt V aZef r to Section 8.3 of the North
Andover Wetland Regulations).
29.The NACC reserves the right to arriend this Order of Conditions after a legally
advertised public hearing if plans or circunistances are changed or if new conditions
or information so warrant.
30.Where the Department of Enviroranental Protection (DEP)is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department,
31.1he following wetland resource areas are affected by the proposed work: Bordering
Land Subject to Floodin&Isolated and Bordering Vegetated Wethind,Inland Bank
associated with an Intermittent Stream.,and the associated Buffer,ion es. "Mese
resource areas are significant to the interests of the Act and Town yLaw as noted
above and thereirL The applicant has not attempted to overcome the,pre sumption of
significance of these resource areas to the identified interests.
32. The NACC confirms the delineation of the following resource areas:Bordering
Vegetated Wetland (Wetland Flag Series A through )®Wetland Flag series E was
determined to extend into the easement area and is larger than delineated.
33.1n.order to prevent any alteration of wetland resource areas a en five foot 5
No-Disturbance Zone gnAa fif
e is established from
the edge of the adjacent wetland resource area as shown on the herein referenced plan.
The Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw.
34.This.documents be included in all construction contracts,subcontracts,and
specifications dealing with the or proposed and shall supersede any conflicting
contract requirements, The applicants assure that all contractors,subcontractors,
and other personnel performing the permitting or are fully aware of the permits
to and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said To shall not be liable for any damage in the event of failure.
By acceptance of this Order,-the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage.
242-1706,Reds Pond Fronch Fam Sewer Spenfal Condffi=3 NACC 7f1 /2017
DEP FILE#242—1706
[P:Rlf(ii TO—CO N S T IR, U C T 10 N-
36.No work shall be undertaken until all administrative appeal periods from fl-Lis Order
have elapsed or,if such an appeal has been filed,until all.proceedings before the
Department or Court have been completed.
37.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods.No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the cbaln of title of the affected property, In the case
of recorded land,the Final Orders also be noted in the Registry"s Grantor Index
under the name of the owner of the land upon which the proposed work is to be one.
In the case of registered land,the Final Orders also be noted on the Land Court
Certificate of Title of the owner of the land upon wl-dch the proposed or is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form a of this Order prior to
commencement of the work, Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38.A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"'Massachusetts DEP,File Number 242-1706."
39.Any changes in the submitted plans caused by the applicant,another Boards decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation, If the NACC-finds said changes to be significant,
the NACC will call for another public hewing(at the expense of the applicant).Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes.No or shall.be on on a project until
written approval has been granted by the NACC,
40.It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. or to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction,including the installation of
sedimentation/erosion control devices, dewatering,outlet structure installation,
restoration and all other work plarmed through final stabilization.
42.WeLtand Ragging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
242-1706,ReWs Pond Rare wl Farm Sewer Special Conditions4 NACC IVIV2017
DEP FILE#242—1706
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained.until all construction.is complete. Workers should be informed that no we
of machinery,storage of machinexy or materials,stockpiling of soil,or construction
activity,is to occur beyond this line at any time.
4 °Compost tubes backed by trenched siltation fence shall be installed as shown on the
herein referenced plan and as deter mh-ied:necessary by the NACC or its agent, The
erosion controls will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC or its agent,
prior to the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent, The NACC reserves the right
to impose additional conditions on portions of this project toniltigate any impacts
which could result-from site erosion,or any noticeable degradation.of surface water
quality discharging from the site. For example,installation of erosion,control
measures may be required in areas not shown on the plan(s)referenced in this Order
of Conditiong. Should such installation be required by the NACC,they shall be
installed within 48 hours of the Commission's request.
44.The applicant shall have on hand at the start of any soil disturbance,removal or
Stockpiling,50 feet of additional compost tubes. Said erosion control shall be used
only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
45.A check payable to the Town of North Andover shall be provided in the amount of
$10,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the RAC(:' and shall be posted with the North Andover To Treasurer through
the NACC before commencement of work. Said deposit of moneys be
conditioned on the completion of all conditions hereof,shall besigned by a party or
parties satisfactory to the NACC,and To Counsel,and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC,have
been made for performance of any conditions which are of continuing-nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portiorLs of the project for the NACC"B review and approval, This condition is issued
under the authority of the local ByLaw.
46,The applicant shall designate a Wetland Scientist(or other environmental prof.sssional
as approved by the NACC or its agent) as an"Frosion Control Monit or"to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
242-1706,Rea!s Pond—French Farm Sewer SpedW Condffions5 NACC 7/14/2017
DEP FILL, 0 242—1706
contacted,due to an emergency at the site,dunng any 24-hour period,including
weekends, Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes,The Environmental.
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
47.At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains stabilized,the applicant shall submit a written
report with photos from the"'Erosion Control Monitor"to the NACC,certifying that,
tote best of Ids/.her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with fl-tis Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion.control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts.The Erosion Control Monitor shall be on site during
and/or following a major or events of%"inch of rain or greater(24 hour even()to
ensure that soils.Temain stable,and erosion controls are adequate and secure,
48.The applicant and/or the legal owner of that portion of land upon wl-dch these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the'Compliance Certification Form Affidavit"attached is"Appendix
A" signed under the pah-ts and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five(5)business days prior
to the closing of said land transaction.
49.Once these above mentioned pre-constructic"I requirement-.are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor,the engineer,wetland scientist/morator and the applicant to ensure that aH
of the Conditions of this Order are understood. This Orders be included in all
construction contracts,subcontracts,and specifications dealing with the or
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors,subcontractors and other personnel performing the
permitted or are fully are of the per a-dt's terms and conditions. Thereafter,the
contractor wiH be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions, The applicant or contractor shall
notify the NACC,in writing of the identity of the on-site construction supervisor hired
to coordinate construction and toensure compliance with this Order. A reasonable
342-1706,"Ras Pond—Fmach Faun Sawer Sped 2d Condftions6 NACC 711412017
DEP FILE 0 242—1706
period of time shall,be provided as notice of the pre-construction meeting(e.g.72
hours').
sTORMWATER MANAGEMENT CONDITIONS
0®Theresa be no increase in the post development discharges from the or drainage
system or any other changes in post development-conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
51.Water quality in down,gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from disc lwige pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
52,Upon beginning work,the applicant shall submit written weekly progress reports
detailing at work has been done in or near resource areas,and what or is
anticipated to be done over the next period.This will update the construction
sequence.Reports shall be submitted in as part of the weekly environmental
monitoring report(Condition#47),
53.All existing catch basim within.100' of the work shall be protected by Silt Sacks to
prevent sediment from entering,the drainage system. Silt Sacks or other catch basin
protection shall be maintained and regularly cleaned of sediments until all areas
associated with the work permitted by this Order have been perm anently stabilized
and the NACC and/or Conservation Department has formally approved their
removal.
54.All dewatering shaH be done to a fractionalization tank then to a straw hale/silt
fence enclosed settting basin. De watering shall be conducted outside of the 25"No-
Disturbance one on the up-gradient side of the access Path,Dewatering locations
shall be designated at the pre-construction mecting.No discharge of at is allowed
directly into an area subject to jurisdiction of the Wetlands Protection Act. If
emergency de-watexing requirements arise,the applicant shall submit a contingency
plan to the Commission for approval,which provides for the pumped at to be
contained in a settling basin,to reduce turbidity prior to discharge into a resource
area.
..............
242-1706,Ras Pond—Frendi Farm Sewer SpecW Condffi=7 NACC 7/17/2017
DEP FILE#242-1706
55.Associated pavement and roadways shall be swept at daily or as directed by the
Erosion Control monitor,the Site Supervisor,Project Manager,or Conservation staff
for as long as the site remains exposed and un-stabilized.
56.Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to Itunber,bricks,plaster,wire,
lath,paper,cardboard,pipe,,tires,ashes,refrigerators,motor vehicles or parts on any
of the foregoing,
57.All exposed soil firdsb.grade surfaces sball be inunediately landscaped.and stabilized,
or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loa-ined and seeded prior to November lot of each year.Outside of the
growing season,exposed soil finish grade surfaces shall,be stabilized with a layer.-of
mulch hay untff climate conditions allow for seeding. During construction,any area of
exposed soils that wiH be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC-
58.No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to Provide per vent
stabilization.
59.There she be no stockpiling of soil or other materials within one hundred(100)feet of
any resource area.Stockpile locations for all erodible materials(stone/soil)shall be
confirmed at the pre-construction meeting.All stockpiled material shall be contained
within erosion controls.Excavated material not suitable for re-use shall be trucked off-
site.
60.Washings from concrete tracks, or surplus concrete,Shall.not be directed to,any
drainage systema,or wetland resource area.If truck washing is to be one on site an
area shall be designated and approved by the Conservation.Department,
61®All waste generated by,or associated with,the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shaU be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicants maintain clumpsters or other suitable means)at the site
for the storage and removal of such Tent construction materials off-site. However,no
trash dumpsters will be allowed within 50'of are subject to protection under the Act
or local ByLaw.
62.Accepted engineefirig and construction standards and procedures shall be followed in
the completion of the project.
63.Dining and after work on this project,there shall be no discharge or spillage of fuel,or
other pollutants into any wetland resource area. If there is a SPiH or discharge of any
pollutant during any phase of construction the NACC shaU be notified by the
...........
242-1706,Rea!s Pond French Farm Sewer Special Conditi=8 NACC 7/1712017
DEP FILE ft 242-1706
applicant witl-dn one(1)business day® No construction vehicles are to be stored within
100 feet of wetland resource areas,and no vehicle refueling,equipment lubrication,or
maintenance is to be one within 100 feet of a resource area.
EIi :)NSTRUCTION
64. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization win be considered
complete once full vegetative cover has been ad-deved,
65. Upon approved site stabilization by Conservation staf,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded,
66,Upon completion.of the project the applicant shall submit the following to the
Conservation Conunission as part of a request for a Certificate of Compliance:
a. WPA or 8A-"Request for a Certificate of Compliance,"'
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signedstatemeras from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property,
e® The name and address of the individual/trust or corporation.to whom the
compliance is to be granted.
f. The street address and assess&s map/parcel.nu umber for the project
g. The DEP file number,
h. A written statement from a Registered professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s)and documents referenced
above,and as conditioned by the Commission.
L An"As-Built"plan of the new portions of the sewer as required by the Division
of Public Works prepared and signed and stamped by a Registered professional
Civil En6rineer(P.PS.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public-record. This plan wM include:
> "As-Built"post-development elevations of all drainage&storinwater
management structures constructed within 100 feet of any wetland resource
area.Specifically,""As-Built"plans should include inverts of all drainage
structures above and below grade(also to be provided in table format),and
an eiVneer"s ceitification.that the drainage system has been constructed
and is functioning in accordance with the approved design. NOTE: If
portions of the stormwater systems exist partially within the Buffer Zone
then the entire structure must be depicted to accurately verify compliance.
*2Z-1_70;""R"'_ea"!s—Pond Fr—ench Fa n"n'Sewcr'_S_p__edaI C'_on_d"_ifiorm9 'N__A'_C_C7n'If_2_0_'17.........
DEP FILE#242-1706
> "As-Built"post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw,
> Distances from structures to wetland resource areas. Structures include(but
are not limited to)septic systems,additions,fences,sheds, one walls,
pools,retaining walls,subsurface utilities and decks.
> A line showing the limit of work and the extent of existing erosion control
devices, "Work"includes my disturbance of soils or vegetation.
)> Location of all subsurface utilities entering the property.
67.The following special conditions shall survive the issuance of a Cer tificate of
Compliance (COC)for this project
> 25"No-Disturbance Zone and a 50'No-Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP#242-1706 except as shown on the herein referenced plans.
Future work within 100'of existing wetland resource areas will-require a
separate filing with the NACC(refer to Section 3®2 and 3.4 of the
Regulations for performance standards within these zones)The
Conservation Administrator and/ other agents of the NACU do not have
the authority to waive these setbacks as established under the local ByL,aw.
242-1706,Rees Pond—I'mch Farm Sewer Special ConditionsIO NACC 71IM017
DEP FILE#242-1706
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant andlor current owner)
(PLEASE CHFCKATLEAST ONE BLOCIQ
I am the
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NAC C manber)
the or Andover Conservation Commission,,
&/Or
2........... I am the of
(position with owner) (owner name)
the owner upon whose land Order of CondItions—___
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
1 1 hereby affirm and a&nowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set for
in said Order of Conditions.
4, 1 hereby affirm and acluiowledge that on this—day of___20_
I inspected said property together with any and all finprovements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance,
PEP File#)
5. 1 hereby affirm and arlmowledge that this document willbe relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of pejury this—day
..........
(Signature-authorized agent of applicant or owner)
...........
242-1706,Ras Pand—Freac[L Fann Sewer Special Condidonsl I NACC 7/17/2017