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HomeMy WebLinkAboutContract #: 1212 - From: 06-24-2019 To: 06-30-2020 - Environmental Partners - WTP 22 TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # o DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Environmental Partners Address: 1900 Crown Colony Dr. Suite 402 Quincy, MA 02169 Telephone Number: 617-657-0282 617-657-0277 Email: eak@envpartners.com rjr@envpartners.com 1. This is a Contract for the procurement of the following: Engineering design, permitting, bidding, and construction phases for the proposed poly-aluminum chloride chemical feed system. 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Eighty three thousand and nine hundred dollars. $83,900.00 3. Payment will be made as follows: Preliminary Design $ 9,900 Final Design and Permitting $38,000 Bidding $ 4,800 Construction Administration $24,700 Resident Project Representative$ 6,500 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described deliverables or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of deliverables and certification of acceptable (Rev 2010)Contract by and between the Town of North Andover and Page 1 performance for services by authorized representatives of the Town to insure that the deliverables or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, Request for Qualifications, Scope of Services, and all Addenda. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of this Contract is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies, Materials or other Deliverables. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 4.8 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. 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 Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before _June 30, 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 appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. (Rev 2010)Contract by and between the Town of North Andover and Page 2 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 (Rev 2010)Contract by and between the Town of North Andover and Page 3 with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of federal and/or state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall 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: 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 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 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 of cities and Towns, such law or regulation shall control. C. 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 Page 4 d. 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. e. 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 contained in Paragraph 27.. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. (Rev 2010)Contract by and between the Town 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 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. Documents, Materials, Etc. (Rev 2010)Contract by and between the Town of North 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 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. 20. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 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. (Rev 2010)Contract by and between the Town of North Andover and Page 7 Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. 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: 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. 29. Insurance: Failure to provide and continue in force the following 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 (Rev 2010)Contract by and between the Town of North Andover and Page 8 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. a. The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. 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 $lM 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 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. 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 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. f. 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. 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. (Rev 2010)Contract by and between the Town of North Andover and 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 THE CONTRACTOR C . Gr,v ( rtx, 1 Division/Department Head Company Name /', (0_ I 19 Town anager ate ignature Date C Print e & Title APPROVED AS TO FORM: Town Counsel Date a CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town A. countant Date (Rev 2010)Contract by and between the Town of North Andover and Page 10 Environmental R Partners ���,rr�r7�rr°.str��,�d�.>r�^rr�;ira�n�rd•r�r�; yralz�P6R�+wr;� April 18, 2019 Mr. Glen C. Alt Water Superintendent Town of North Andover 420 Great Pond Road North Andover, MA 01845 RE: Drinking Water Treatment Plant Polyaluminum Chloride Storage Tank Improvements Proposal for Engineering Design Services Dear Mr. Alt: Environmental Partners Group, Inc. (Environmental Partners) has prepared the following proposal for engineering services related to the Town of North Andover's proposed upgrades to their Drinking Water Treatment Plant (WTP) located on Great Pond Road. Environmental Partners has developed the proposed scope of services based upon our discussions with you and our site visit on April 81h Project Understanding The Town's WTP has two existing 2,500 gallon plastic bulk storage tanks for storage of polyaluminum chloride (PACT) used for coagulation in the production of drinking water.The existing tanks were installed in the late 1980s when the treatment plant was constructed and they are now over 30 years old and in need of replacement.The existing chemical fill and vent pipes will be reused and connected to the new storage tanks.The existing chemical system piping, valves and appurtenances between the storage tanks and chemical feed pumps will be replaced to accommodate the new bulk tanks, a chemical transfer pump, and a day tank.The existing chemical feed pumps and feed tubing are to be reused per the Town's request. Access to the basement chemical storage room is limited due to the presence of process equipment and facility utilities (e.g. electrical,fire, and HVAC)thereby restricting the size of the proposed tanks to no wider than existing access openings from the basement exterior doors through to the chemical storage room. The Massachusetts Guidelines for Public Water Systems pertaining to chemical application systems were most recently updated in 2009. Chemical feed system modifications are subject to approval from the Massachusetts Department of Environmental Protection (MassDEP)through the Chemical Addition Retrofit of Water Systems Serving More than 3,300 people (BRP WS 29). This application includes chemical safety and control provisions including instrumentation and controls for the chemical feed system.Therefore,the design of new chemical storage tanks will have to account for both the current state guidelines and permitting requirements as well as the constructability challenges of the existing facility. Quincy, MA * Woburn,MA + Hyannis, MA • Middletown,CT envpartners.com PAC[System Improvements April 18,2019 Page 2 of 6 Proposed Scope of Work Polyaluminum Chloride System Improvements This project will be focused on the evaluation and design of select improvements to the WTP's PACT feed system. The project is broken down into two tasks: preliminary design; and final design. Task 1 Preliminary Design Environmental Partners will complete the following to establish the basis of design for the PACI system improvements: 1. Kick-off Meeting with WTP Staff a. Prepare meeting agenda and meeting summary. b. Discuss Operation and Maintenance (O&M) lessons learned. c. Discuss MassDEP guidelines and permitting requirements. d. Identify equipment preferences. e. Discuss future O&M considerations (equipment access, preventative maintenance, SCADA feedback). f. Confirm scope of design work. 2. Site Visit and Records Review a. Prepare and submit a Request for Information to the Town for facility records, plans, and information to support the design tasks. b. Complete a site visit to confirm existing conditions of the facility and dimensions of chemical storage room and access to the room. 3. New PACI Storage Tank System Preliminary Design a. Confirm piping configurations and PACI setup with existing plans (for selective demolition plans). b. Confirm chemical usage for peak day, average month, and seasonal variations. c. Confirm chemical containment requirements. d. Selection of chemical transfer pump. e. Verify dimensions of PACI containment area, chemical feed room, and access route from exterior of WTP to the basement chemical storage room. f. Verify existing electrical, mechanical, and plumbing systems in PACI area. g. Verify electrical and signal sources for PACI systems (tanks, pumps, delivery). h. Document existing chemical delivery system. i. Document constructability of proposed improvements(e.g. access into basement and room for materials and equipment, conflicts with existing utilities/systems). j. Prepare preliminary design drawings for selective demolition, PACI storage area layout, and PACI chemical feed schematic. PACI System Improvements April 18,2019 Page 3 of 6 Task 2 Final Design and Permitting Environmental Partners will complete the following to finalize the design of the PACI system improvements and produce plans and specification (construction documents) suitable for bidding: 1. Construction Drawings a. Scans of relevant facility record plans b. Process-Mechanical, Electrical and I&C Plans for improvements. 2. Construction Specifications a. Town specific requirements—Division 0 b. General requirements, Process-Mechanical, Electrical, and I&C divisions. 3. Permitting a. Preparation and submittal of BRP WS 29 to MassDEP. 4. Opinion of Probable Cost a. Prepare opinion of probable cost of construction based upon 100%design documents. 5. Deliverables a. Electronic (PDF format) and hard copy of Bid Documents (Plans and Specifications) 6. Meetings a. Two design progress meetings will be held with the Town to review the draft design documents and final design documents. Task 3 Bidding Services 1. Bidding Phase Coordination a. Coordinate and complete public bidding advertising requirements including the Central Register and newspaper advertisement. b. Provide text for the Client to advertise the project in CommBuys and post the invitation to bid publically at Town Hall. c. Obtain state wage and labor rates. d. Prepare and distribute public bid documents electronically through ProjectDog. e. Coordinate and attend a pre-bid meeting with the Client and prospective contractors. f. Respond to questions and prepare bid addenda as needed and required. 2. Bidding a. Coordinate the submittal of bids electronically through ProjectDog. b. Review and evaluate public bids to identify lowest responsible and eligible bidder. c. Assist with the approval and award of construction contracts. d. Prepare contracts for execution by Client and selected bidder. PACT System Improvements April 18,2019 Page 4 of 6 Task 4 Construction Administration 1. Attend project kick-off meeting with the Client and the Client's Contractor to discuss the construction of the project, as outlined in the Contract Documents, including: scope of work; scheduling and sequencing; dispute resolution; submittals; clarifications; regulatory conditions; and coordination with Client. Preparation of meeting agenda and minutes. 2. Coordination and administration of construction activities. 3. Review and coordination of shop drawings and project submittals for plans, materials, equipment, and other project requirements. 4. Coordination and attendance at monthly construction progress meetings. Up to two (2) progress meetings. Preparation of meeting agenda and minutes. 5. Preparation of project correspondence to the Client and Contractor to facilitate timely execution of construction activities in accordance with the construction contract requirements. 6. Preparation of responses to Requests for Information (RFIs). 7. Review and coordination of claims and change orders. 8. Coordination with Resident Project Representative. 9. Review and take appropriate action with respect to shop drawings and samples, results of tests and inspections, and other data which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents(but such review or other action shall not extend to means, methods, sequences, techniques, or procedures of construction, or to safety precautions and programs incident thereto); determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review (for general content, as required by the Specifications) maintenance and operating instructions,schedules,guarantees, bonds, and certificates of inspection,which are to be assembled by Contractor(s) in accordance with the Contract Documents. 10. Routine site visits to make observations on the progress of construction and conformity with the project design. 11. Coordination of final testing and commissioning of improvements. 12. Preparation of construction record drawings. Task 5 Resident Project Representative 1. Environmental Partners will provide one Resident Project Representative whose duties, responsibilities and limitations of authority are outlined in Attachment A,for duration of up to 40 hours (40) hours.This is based upon 4 weeks of construction, 10 hours per week. PAo System Improvements April 18,zo1s Page sofs Assumptions Environmental Partners has developed the proposed scope of services based upon the following assumptions: * The Town will provide available facility drawings (construction and/or record plans), chemical usage reports, and arrange access to the facility for site visits and discussions with facility staff, w Environmental Partners will subcontract with the Client's instrumentation and cwntro|a/SCA0A consultant, Electrical Installations, Inc. (Ell), to pnmvide |nstrumenta1ion/cmn1rw| layout and 3[ADArequirements. w The existing chemical feed pumps and their controllers will be reused and are not scheduled for any improvements under this project per the Tmwn'srequest. w Permitting services are limited to preparation and submittal of the Chemical Addition Retrofit permit application (BNPVVS 29)toK4assDEP. K4asaDEP's permit review timeframeis assumed Uo require months tocomplete. w The Opinion of Probable Costs will be based on available information and will include appropriate contingencies. w The applicable bidding and construction procurement method (KH.G.L Ch. l49or Ch.3OSection 39K4)will be confirmed during design. * The duration of on-site active construction is uptofour(4) weeks. Schedule and Budget Environmental Partners proposes to perform the indicated Scope of Services for all tasks previously described for the lump sum price of Eighty Three Thousand One Hundred Dollars($83,900.00).A breakdown of the fee and schedule by tasks is presented in the table below. IPAC[System Improvements Budget Duration Task 1: Preliminary Design $9,900.00 1 Month Task 2: Final Design and Permitting $39,000.00 3 Months Task 4:Construction Administration $24,700.00 2 Months Task 5: Resident Project Representative (concurrent with Task 4) $6,500.00 1 Month Total $83,900.00 8 Months We assume it will take up four months to complete the design and permitting of the project,which includes uptotwo months for MassDEPUn process the permit application. Total project length is approximately eight months for contractor mobilization,construction administration,and project closeout. PACI System Improvements April 18,2019 Page 6 of 6 Invoices will be issued to the Town on a monthly basis and will be based upon percentage complete per task. A status report documenting the work performed each month will be provided with each invoice. Environmental Partners estimates that the design and permitting can be completed within four months from receiving notice to proceed. Summary Environmental Partners looks forward to working with you and your colleagues on this important project for the Town of North Andover. Please feel free to contact Eric Kelley (617.657.0282) with any questions or concerns. Sincerely, Environmental Partners Group, Inc. �° '_ Robert J. Rafferty, P.E. Eric A. Kelley, P.E. Principal Senior Project Manager P: 617.657.0250 P: 617.657.0282 E:pfgti�envpartners.corn E:eakc envpartners,com Cc: Paul C. Millett, P.E. Attachment A Resident Project Representative Responsibilities ENVIRONMENTAL PARTNERS shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor(s), or the safety precautions and programs incident to the work of the Contractor(s), but ENVIRONMENTAL PARTNERS shall be responsible for notifying the Contractor and Client of any work that is cause for concern with respect to consistency with the requirements of the contract plans and specifications. ENVIRONMENTAL PARTNERS' efforts will be directed toward providing a greater degree of confidence for Client that the completed work of the Contractor(s) will conform to the Contract Documents, but ENVIRONMENTAL PARTNERS shall not be responsible for the failure of the Contractor(s) to perform the work in accordance with the Contract Documents. On the basis of on- site observations, ENVIRONMENTAL PARTNERS shall keep Client informed of the progress of the work, shall guard Client against defects and deficiencies in such work, and shall recommend the Client disapprove or reject work failing to conform to the Contract Documents. 1. The Resident Project Representative's duties, responsibilities,and limitations of authority are outlined below. a. General: The Resident Project Representative is ENVIRONMENTAL PARTNERS' Agent, and shall act under the supervision of the ENVIRONMENTAL PARTNERS Project Manager. He shall confer with the ENVIRONMENTAL PARTNERS Project Manager regarding his actions. His dealings in matters pertaining to on-site work will be, in general, with the ENVIRONMENTAL PARTNERS Project Manager and the Contractor, keeping the Client advised as indicated below and as necessary. His dealings with subcontractors will only be through or with the full knowledge of Contractor or his on-site representative. He shall generally communicate with Client with the knowledge of the ENVIRONMENTAL PARTNERS Project Manager. b. Duties and Responsibilities: Resident Project Representative shall: 1. Schedules: Review the progress schedule, schedule of shop drawing submissions, and schedule of values prepared by Contractor, and consult with the ENVIRONMENTAL PARTNERS Project Manager concerning their acceptability. 2. Conferences: Attend progress meetings and other job conferences, as required, in consultation with the ENVIRONMENTAL PARTNERS Project Manager. 3. Liaison: i. Serve as ENVIRONMENTAL PARTNERS' liaison with the Contractor and the Client, working principally through Contractor's designated on- site representative, and assist them in understanding the intent of the Contract Documents. Assist the ENVIRONMENTAL PARTNERS Project Manager in serving as the Client's liaison with Contractor when the Contractor's operations affect Client's on-site operations. ii Assist in obtaining from the Client additional details of information required at the job site for proper execution of the work. 4. Shop Drawings and Samples: i. Receive samples from the Contractor's on-site representative and notify the ENVIRONMENTAL PARTNERS Project Manager of their availability for examination. ii Immediately advise the ENVIRONMENTAL PARTNERS Project 1 Manager and the Contractor, or his on-site representative, of the commencement of any work requiring a shop drawing or sample submission, if the submission has not been reviewed by ENVIRONMENTAL PARTNERS. 5. Review of Work. Resection of Defective Work. Inspections and Tests: i Conduct periodic on-site reviews of construction in progress, or as otherwise necessary,to determine, to the best of his knowledge, (1) if work is proceeding in general accordance with the Contract Documents; and (2) that completed work is in substantial conformance with the Contract Documents. During such visits, and on the basis of on-site observations, ENVIRONMENTAL PARTNERS shall keep Client informed of the progress of the work, shall guard Client against defects and deficiencies in such work, and shall recommend the Client disapproveor reject work failing to conform to the Contract Documents. ii Report to the ENVIRONMENTAL PARTNERS Project Manager, who, in turn, will notify the Client whenever any work is, to the best of his knowledge and belief, unsatisfactory, faulty or defective, or is not in substantial conformance with the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests, or approvals required to be made; and advise the ENVIRONMENTAL PARTNERS Project Manager when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection or approval. Record and advise the Contractor of work failing to meet the Contract requirements. d Verify that tests, equipment, and systems start-up and operating and maintenance instructions and training are conducted, as required by the Contract Documents, and in the presence of the required personnel, and that the Contractor maintains adequate records thereof; observe, record, and report to the ENVIRONMENTAL PARTNERS Project Manager appropriate details relative to the test procedures and start-ups. iv. Obtain records of all on-site testing and site visits from the Contractor's on-site representative, and report these to the ENVIRONMENTAL PARTNERS Project Manager. V. Performance of the services outlined in Section 5., parts (i.) through (iv.) is to protect Client against defects and deficiencies in the work, and to verify compliance with the Contract Documents. Nothing in Section 5 relieves the Contractor of their independent obligations under their contract with Client. 6. Interpretation of Contract Documents: Transmit to the Contractor clarification and interpretation of the Contract Documents, as issued by the ENVIRONMENTAL PARTNERS Project Manager. 7. Modifications: Consider and evaluate the Contractor's suggestions for modifications in Drawings and Specifications, and report them, with recommendations, to the ENVIRONMENTAL PARTNERS Project Manager. 8. Records: i Maintain at the job site orderly files for correspondence; reports of job conferences and sample submissions; and reproductions of original Contract Documents, including all addenda, change 2 orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENVIRONMENTAL PARTNERS' clarifications and interpretations of the Contract, ENVIRONMENTAL PARTNERS' clarifications and interpretations of the Contract Documents, progress reports, and other project-related documents. ii Keep a diary or log book recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of principal visitors and representatives of fabricators, manufacturers, suppliers, and distributors; daily activities; decisions; and observations in general and specific observations in more detail, as in the case of observing test procedures. Send copies to the ENVIRONMENTAL PARTNERS Project Manager. a Record names, addresses, and telephone numbers of all Contractors, subcontractors, and major suppliers of equipment and materials. 9. Reports: i. Furnish periodic reports, as required, of progress of the work and of the Contractor's compliance with the progress schedule and schedule of shop drawing submissions. ii Prepare field memorandum, preliminary change orders and extra work orders, obtaining all back-up material. Recommend to the ENVIRONMENTAL PARTNERS Project Manager Field Memorandum, Change Orders, Extra Work Orders, and Field Changes. 10. Payment Requisitions: Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them, with recommendations, to the ENVIRONMENTAL PARTNERS Project Manager, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the work. 11. Certificates. Maintenance and Operations Manuals: During the course of the work,verify that certificates, maintenance and operation manuals, as appropriate, and other data required to be assembled and furnished by Contract are applicable to the items actually installed, and deliver this material to the ENVIRONMENTAL PARTNERS Project Manager for his review and forwarding to Client prior to final acceptance of the work. 12. Completion: Conduct a review to determine if the Project is substantially complete, and to determine if, to the best of ENVIRONMENTAL PARTNERS' knowledge, the work has been completed in substantial conformance with the Contract Documents and the intent of the design, and if Contractor has fulfilled all of his obligations there-under, so that ENVIRONMENTAL PARTNERS may recommend, in writing, final payment to Contractor(s), and may give written notice to Client and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendations and notice shall be subject to the limitations expressed in paragraph E above. i. Before ENVIRONMENTAL PARTNERS issues a Certificate of Substantial Completion, assist the ENVIRONMENTAL PARTNERS Project Manager in developing a list of observed items requiring correction or completion. ii Conduct final review in the company of the 3 ENVIRONMENTAL PARTNERS Project Manager, Client and Contractor, and assist in preparation of a final list of items to be corrected. R Verify, to the best of his knowledge, that all items on final list have been completed or corrected, and make recommendations to the ENVIRONMENTAL PARTNERS Project Manager concerning acceptance. C. Limitations of Authority-Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents, or approve any substitute materials or equipment, unless authorized by the ENVIRONMENTAL PARTNERS Project Manager. 2. Shall not undertake any of the responsibilities of Contractor, subcontractors, or Contractor's superintendent. 3. Shall not expedite work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction, unless such is specifically called for in the Contract Documents. 5. Shall not advise or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize Client to occupy the project in whole or in part. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by ENVIRONMENTAL PARTNERS. 8. Shall not exceed limitations on ENVIRONMENTAL PARTNERS' authority as set forth in the Contract Documents. 4 O;�"O., Commonwealth of Massachusetts Letter ID:L0274145920 ©Mlzl " P Department of Revenue Notice Date:September 4,2018 �° Christopher C.Harding,Commissioner Case ID:0-000-590-195 e'u � � � s.gov/dor CERTIFICATE OF GOOD STANDING AND/OR TAX COMPLIANCE 00 ENVIRONMENTAL PARTNERS GROUP INC 8= 1900 CROWN COLONY DR#402 NOW QUINCY MA 02169-0931 Why did I receive this notice? The Commissioner of Revenue certifies that,as of the date of this certificate,ENVIRONMENTAL PARTNERS GROUP INC is in compliance with its tax obligations under Chapter 62C of the Massachusetts General Laws. This certificate doesn't certify that the taxpayer is compliant in taxes such as unemployment insurance administered by agencies other than the Department of Revenue, or taxes under any other provisions of law. This is not a waiver of lien issued under Chapter 62C,section 52 of the Massachusetts General Laws. What if I have questions? If you have questions,call us at(617) 887-6367 or toll-free in Massachusetts at(800)392-6089,Monday through Friday, 8:30 a.m. to 4:30 p.m.. Visit us on&ei Visit s. ov/ or to learn more about Massachusetts tax laws and DOR policies and procedures, including your Taxpayer Bill of Rights, and MassTaxConnect for easy access to your account: • Review or update your account • Contact us using e-message • Sign up for e-billing to save paper • Make payments or set up autopay POL� V9-- Edward W. Coyle,Jr.,Chief Collections Bureau CERTIFICATE OF AUTHORIZATION (NOTE: A certified vote of the corporation may be substituted for this form.) The Vendor, Environmental Partners Group,Inc. is: (CHECK ONE) (Name of Company/Consultant/Corporation/LLC) _X_ A. a corporation formed and existing under the laws of the State of Massachusetts ,and pursuant to the corporate By-laws: _Paul Gabriel,President (Insert Name and Title of Authorized Representative), is authorized to execute contracts in the name of said corporation. Such execution or any contract or obligation in this corporation's name on its behalf by the such duly authorized individual shall be valid and binding upon the corporation. B. a limited liability company or a partnership formed and existing under the Laws of the State of and pursuant to the limited liability company agreement or partnership agreement, (Insert Name and Title of Authorized Representative), is authorized to execute contracts in the name of said company or partnership. Such execution or any contract or obligation in this company or partnership's name on its behalf by the such duly authorized individual shall be valid and binding upon the company or partnership- C. is a sole proprietorship owned and operated exclusively by the undersigned. (Insert Name and Title of Authorized Representative). Execution of any contract or obligation in this sole proprietorship's name by such duly authorized individual shall be valid and binding. ,ate77 Signatu e: (Must be signed by Corporate Officer,Partner or Sole Proprietor) Paul Gabriel Printed Name of Above President Title 11-19-18 Date /�_-1� ENVI-15 OP ID: BC A`4C>RO X DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/14/2019 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 endorsements. PRODUCER CONTACT Poole Professional Ltd. NAME' 107 Audubon Rd.#2,Ste.305 A/CNNo E :781-245-5400 AIC xt No): 781-245-5463 Wakefield,MA 01880 E-MAIL Christopher A.Poole ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Travelers Indemnity Co of CT 26682 INSURED Environmental Partners INSURER B:Travelers Indemnity Co America 25666 Group,Inc. 1900 Crown Colony Dr.Suite 402 INSURER c:Travelers Indemnity Co. 25658 Quincy,MA 02169 INSURERD:XL Specialty Insurance Company37885 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE kDDL SUBIR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE FkIOCCUR X 6802J049788 06/13/2019 06/13/2020 PREMISES Ea occurrence $ 1,000,00 MED EXP(Any one person) $ 10,00 PERSONAL B ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY PR4 LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B ANY AUTO BA3G197927 06/13/2019 06/13/2020 BODILY INJURY(Per person) $ X ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPER PERTY DAMAGE $ HIREDAUTOS AUTOS Per accident X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 6,000,00 C EXCESS LIAB CLAIMS-MADE CUP6572Y321 06/13/2019 06/13/2020 AGGREGATE $ 6,000,00 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N UB-6K138549 06/13/2019 06/13/2020 E.L.EACH ACCIDENT $ 1,000,00 D? N OFFICER/MEMBER EXCLUDE ❑N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 D Arch/Eng.Prof.Liab DPR9943746 06/18/2019 06/18/2020 Per Claim 5,000,00 Incl.PollutionLiab Aggregate 5,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Town of North Andover is included as additional insured per written contract under the general liability policy subject to same terms and conditions. North Andover Drinking Water Treatment Plant CERTIFICATE HOLDER CANCELLATION NOAND-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE n of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town Glen Alt Water Superind ACCORDANCE WITH THE POLICY PROVISIONS. Attn:420 Great Pond Road AUTHORIZED REPRESENTATIVE ��� North Andover,MA 01845 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD