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HomeMy WebLinkAboutContract #: 1242 - From: 08-28-2019 To: 12-30-2020 - Environmental Partners Group, Inc. - DPW TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT# L:�4a 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 Group, Inc. Address: 1900 Crown Colony Drive; Suite 402, Quincy, MA 02169 Telephone Number: (617)657 0200 Email: pfg&nv grtners,(q t1; n d)guy rtrjers.cc�rq 1. This is a Contract for the procurement of the following: Professional Engineering Services for Pavement Restoration Management and Engineering related to streets and roads impacted by the gas explosion in September 2018. Refer to Attachment A for the cover letter and detailed scope of services dated August 28,2019. 2. The Contract price to be paid to the Contractor by the Town of North Andover is: In accordance with the proposal dated August 28,2019 (See Attachment A),on a percent complete basis for the services performed, not to exceed $320,400.00 3. Payment will be made as follows: Upon completion of services and receipt of invoice,(net 30 days). 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 (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 1 understood to include inspection of deliverables and certification of acceptable performance for services by authorized representatives of the Town to insure that the deliverables or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including(where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions,General Specifications,Other Specifications included in Project Manual, Drawings, Request for Qualifications, Scope of Services, and all Addenda. The Contract documents are complementary,and what is called for by any one shall be as binding as if called for by all. The intention of this Contract is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The"other party"to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term"Contractor"shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies, Materials or other Deliverables. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 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 December 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 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. 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: I) any material misrepresentation made by the Contractor to the Town;2)any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii)any other acts specifically and expressly stated in this Contract as constituting (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 3 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 %-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 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. 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 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. 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 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. 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. Past 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. (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 7 To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver,nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3)business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager,Town Hall, 120 main Street,North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest(and where not corporate,the heirs and estate of the Contractor). 27. 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: (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 8 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 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 $1M 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 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 9 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN THE CONTRACTOR Di sion/Dep rtment Head ENVIRONMENTAL PARTNERS GROUP, INC. NO) own" anag r Date Signature Date Print Name& Title APPROVED AS TO FORM: II /oLwnCounsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: � t Towv,YATccountant Date (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 10 ATTACHMENT A (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 11 Environmental RM Partners l "k,dt�d 4d,G'"R�@A 6 tot 4i:°a",&.,"Af 4r�.^�'PYfrk, �'oh Pfirt f'ps August 28, 2019 Mr.James Stanford, P.E. Director of Public Works Town of North Andover 384 Osgood Street North Andover, MA 01845 RE: Emergency Response Activities: Planning of Permanent Pavement Program Town of North Andover Dear Mr.Stanford: Please find attached our scope of work for the engineering services necessary to conduct the planning for the permanent pavement program.Task 1 Mitigation Planning Services defines the subtasks that we identified which will lead to the creation of the phased pavement program within the allocated funds from Columbia Gas/NiSource. Task I is broken down into Subtasks with separate costs as follows: A. Initial Assessment and Utilities Capital Improvement Plan (CIP)Coordination.$41,200. B. Drainage System Assessment. $65,000(Note:This includes an allowance of$55,000 for the services of a subcontractor to clean and televise(CCTV)a portion of the storm drain system in the areas that will be paved in Year 1,for approximately 10 days.This pilot program approach will provide valuable information regarding the condition of the drain system. There are uncertainties about the condition of the drainage system and expected quantity of cleaning materials that will be generated, and an unknown expected daily production rate of the CCTV work to obtain a firm price from subcontractors at this time. The DPW will provide a staff member to coordinate the field work and observe the video work,and note observed areas of concern. C. Data Collection. $49,600. D. Planning and Phasing Program.$46,300. E. Meetings and Presentations. $16,800 Task II Bid Documents Preparation for 2019 Construction, addresses the areas that can be paved in the Fall 2019-Spring 2020 season and involves the preparation of supporting technical specifications and details for inclusion into the separate bid package that Town DPW/Engineering and Purchasing staff will assemble and issue for bid. The fee for Task II is$16,500. Task III Remaining Bid Document Preparation,will include work in Year 2,3 and 4 of the paving program and will be funded at a later date. For Task IV Bid Phase and Construction Phase Services, EP is providing contract administration services and a Resident Representative for up to eight weeks (September and October,2019), up to 500 hours, for coordination of the initial paving work. The estimated fee for Task IV is$85,000. August 28,2019 Page 2 of 2 For Task I, II and IV,the total estimated Not-to-Exceed fee is$320,400. We would like to meet with you at your earliest convenience to review the proposed scope,schedule and fee,as well as commencing the data collection phase. Should you have any questions or comments on the above, please do not hesitate to contact me at 617-657-0276 or Jim Fitzgerald at(617)657-0256. Very Truly Yours, ENVIRONMENTAL PARTNERS GROUP,INC. 7>-,,f ( M,14- Paul C. Millett, P.E. Principal cc: Paul F. Gabriel, P.E., LSP, President James D. Fitzgerald, P.E., Director of Transportation Encl: Scope of Services Planning Flowchart Figure Quincy, MA • Woburn, MA • Middletown,CT • Hyannis, MA envpartners.com ATTACHMENT A SCOPE OF SERVICES Environmental Partners will assist the Town of North Andover through the implementation phase of roadway repairs and limited sidewalk improvements in areas impacted by the gas pipeline project. I. Mitigation Planning Services Environmental Partners will expand upon earlier evaluations to identify proposed roadway and sidewalk rehabilitation that address gas trenches while remaining within the Town's designated construction budget. Costs for the proposed construction will be estimated to ensure that to the extent possible (based on the settlement funds) roadway pavement and substandard wheelchair ramps along the impacted roadways will be addressed. The remaining funds will be used for other improvements along the subject roadways such as sidewalks.These efforts are anticipated to include the affected 15 miles of town-owned roads only.The evaluation of private and State owned roads are not anticipated. A three to four year program will be established beginning with straight forward projects that can be constructed in 2019 while other projects are planned in more detail. Other local projects including but not limited to municipal utility work will be taken into consideration when establishing the timing for each roadway. A. Initial Assessment and Utilities CIP Coordination 1. With the goal of starting reconstruction this summer and fall, Environmental Partners will begin by performing an initial review of each of the impacted roadways in order to identify locations where straight-forward road rehabilitation can take place immediately. These locations will show no obvious need for sidewalk reconstruction, bump-outs, or traffic signal alterations and are not shown on municipal-provided mapping of anticipated future projects. 2. The project team will meet with the respective municipality along select roadways to discuss the candidates for immediate reconstruction for their verification. 3. It is anticipated that Capital Improvement Plan (CIP) information will be provided by the Town or firms working for the Town identifying anticipated improvements relative to water, sewer, drainage, or any other construction during designated years. Environmental Partners will coordinate with Town departments and/or firms working for the Town to understand the schedule of public utility CIPs. For budgetary purposes, this Scope of Services assumes that it will not be necessary for Environmental Partners to perform extensive efforts in determining public utility system needs. The Town and its water and sewer system engineering consultant(s) will provide the capital improvement plan for the water and sewer system, and necessary GIS files and data, and maps. This information will be incorporated onto the GIS mapping for consideration when scheduling the proposed roadway rehabilitation schedule. It is understood that the Town will coordinate with private utility companies to notify them of the project to avoid future excavation after the identified roadways and sidewalks have been reconstructed. B. Drainage System Assessment 1. The Town will provide the records and maps for the storm drain system. For a pilot program area in an area expected to be paved in Year 1, Environmental Partners will retain a subcontractor to clean and camera the existing drainage pipes along the impacted roads within the Town. This Scope of Services assumes up to 10 days of Closed Circuit Television (CCTV) Inspection and minor cleaning of drainage lines will be performed to determine existing pipe sizes, conditions, and lateral connections. The condition of drainage structures will also be noted. Roadways identified as potential 2019 candidates will be assessed first in order to expedite 2019 construction. It is anticipated that the existing drainage system is in reasonably clean condition; substantial debris removal or contaminated or hazardous waste removal and disposal from the drainage system is not anticipated in this Scope of Services. An allowance of $55,000 for 10 days of CCTV work and disposal of up to 25 dry tons of cleaning materials has been assigned for the initial assessment work. A representative of Town will be present during the CCTV work. The findings of the pilot program will be used to refine the approach to assess the remainder of the drainage system. 2. Drainage systems will be mapped on GIS including approximate location, size, and condition. 3. Environmental Partners will assess the CCTV findings in determining locations where drainage system deficiencies are apparent given their existing condition. It is anticipated that evaluations to verify adequate drainage system capacity or comprehensive structures assessment are not required as part of these efforts. 4. Deficiencies such as cracked lateral or main drain pipes,damaged basins or manholes, damaged or broken frames and covers, and sink holes will be noted. Repair work will be compiled and implemented via the town's existing on-call utility repair contractor, or separately procured and implemented prior to paving work under a separate agreement for engineering services. C. Data Collection 1. Environmental Partners will perform holistic on-site inspections in determining the appropriate treatments along each of the impacted roads, recognizing the significance of Complete Streets treatments.The GIS maps previously prepared by Environmental Partners will be used to record and locate a series of attributes for each roadway segment using Access, ArcMap, and ArcCatalog capabilities. Each Town-owned roadway impacted by gas repairs will be inspected to review the following: • Wheelchair Ramps Environmental Partners will locate each wheelchair ramp as a node on the GIS mapping. Locations where a crosswalk is provided but a wheelchair ramp is missing will also be identified with a node. Each wheelchair ramp will be visually evaluated for overall ADA compliance (good/fair/poor) based on configuration, presence of a tactile strip and approximate pitch. Wheelchair ramps that are anticipated to be noticeably challenging for handicapped pedestrians will also be recorded. Wheelchair ramps that visually appear to be in compliance with ADA requirements including the presence of tactile strips will be measured with a Smart Level to verify adequate slope; slopes at other non-compliant ramps will not be measured. • Sidewalk Trenches The sidewalk material type(cement concrete,brick,asphalt,or a combination)will be collected as well as the approximate average width for each sidewalk segment where gas trenching has occurred; sidewalk length will be based on MassDOT GIS data. This Scope of Services assumes that sidewalks not impacted by gas repairs will not be reviewed. The gas trench locations shown on maps prepared during the previous phase of this project will be verified. Lengths of sidewalks with noticeably steep cross pitches or damaged sidewalks with cracking, missing bricks, lifting concrete sidewalk panels, elevated asphalt sidewalk caused by tree roots, and any other tripping hazards will be recorded on the GIS map. Each of these deficient sidewalk segments will be rated in condition as fair, poor, or impassible. The curb type and curb reveal information from previous efforts will be reused. • Road Pavement While on-site, Environmental Partners will review pavement conditions to recommend a proposed treatment for town verification. This Scope of Services does not include calculating Pavement Condition Index(PCI) but merely a general assessment in determining pavement treatment. While many roadways are anticipated to be treated with mill/overlay, considerations will be made for full depth reconstruction, reclamation, or alternative preventative maintenance treatments. The municipality will be consulted regarding pavement treatment preferences. • Complete Streets Features Each of the subject roadways will be reviewed for the following Complete Streets' improvements: bicycle lanes (where adequate width exists) or shared lane markings; filling short gaps in missing sidewalks; and curb extensions to shorten pedestrian crossings without impacting bicycle accommodations. Consideration for additional Complete Streets features are not anticipated to be necessary as part of this project. • Traffic Signal Alterations Signalized intersections where roadway and/or sidewalk reconstruction is anticipated will be reviewed for potential impacts to signal equipment. These impacts may involve loop detection within roadways being reconstructed and traffic signal poles anticipated to fall within newly reconstructed wheelchair ramps (resulting in ADA noncompliance). Also, push button locations at proposed wheelchair ramps will be reviewed for ADA compliance. An evaluation of other traffic signal equipment, condition, operations, and traffic signal warrant analysis are not anticipated in this Scope of Services. D. Planning and Phasing Program 1. Using the above collected information, each impacted corridor will be assessed for needed improvements in a phased approach to ensure the primary construction remains within the identified budget for the Town. A priority will be placed on ensuring that every roadway impacted by gas repairs will be rehabilitated within the allocated funds. While most roadways are anticipated to require curb to curb rehabilitation, roadways with only minimal gas repairs may only require isolated patching. The Town will be consulted in identifying proposed treatments. Proposed pavement treatments will take into consideration curb reveal height. 2. A priority will also be placed on upgrading non-compliant wheelchair ramps along each impacted corridor based on the above collected information. This will include locations where wheelchair ramps currently exist or where crosswalks currently exist (with or without wheelchair ramps). Replacement of apex wheelchair ramps with two separate ramps will be considered where feasible. Any necessary traffic signal alterations or additions resulting from wheelchair ramp upgrades/compliance will also be included. This may include altering the current pedestrian push button placement/configuration or altering signal post locations where required to achieve ADA compliance. In such instances,a conceptual sketch showing changes or additions to the traffic signals will be prepared using available base plans or aerial photography. 3. Proposed improvements will be illustrated conceptually utilizing available aerial photography for presentation purposes.The concepts will show general intent of the work and will not be adequate for construction. The preparation of complete traffic signal plans or traffic signal design to improve or upgrade intersections, geometry alterations, or construction details are not anticipated as part of Mitigation Planning Services. 4. The construction costs for the roadway rehabilitation,wheelchair ramp upgrades,and necessary traffic signal alterations will be estimated and compared to the Town's construction budget.The remaining construction budget will be dispersed to address priority locations where sidewalk rehabilitation is most needed based on the spacing of gas trenches and the existing sidewalk condition. Consideration will also be made for Complete Streets and traffic calming treatments discussed above. Construction costs of the identified treatments will be estimated in determining the level of construction that can be provided within the remaining budget. The recommended improvements will be tailored based on priority and available funds. Primary and secondary tiers of sidewalk rehabilitation projects will be identified to allow for future adjustments based on actual bid prices and fluctuations. 5. The above rehabilitation projects will be phased into 4 years based taking into consideration schedules of other local construction projects and minimizing traffic congestion during construction. The phased program will be presented in a report summarizing the assessment and evaluation, with supporting maps, figures and cost estimates. E. Meetings and Presentations 1. Meetings with representatives of the Town will be attended to review the findings,to verify priorities, and identify scheduled construction projects. For budgetary purposes, one site visit and up to two (2) project coordination meetings are anticipated. 2. One (1) formal presentation to the Town Manager and/or Board of Selectmen is included. 3. One (1) public presentation is anticipated including preparation of a PowerPoint presentation. II. Bid Document Preparation for 2019 Construction A. Environmental Partners will prepare a bid document formatted as a "book job" to cover the selected projects within the Town. The bid document will include technical specifications and typical sections showing general intent for construction along with pavement notes and relevant construction details for 2019 projects identified in Section 1A above. The construction of these projects are intended to be straight-forward in nature and the proposed construction and is anticipated to be bid as a separate construction contract. The length of road for 2019 projects are anticipated to range between three to five miles of public roads depending on the findings during the initial field work and discussions with town staff. B. The Town Engineering and Purchasing Department will assemble and issue the Invitation to Bid documents to prospective bidders, and administer the bidding phase. Special contract language as required by the Gas Company will be included by the Town in the bidding documents and agreement between the contractor and the Town. C. Field measurements at the selected initial projects will be collected in order to establish construction estimates that will utilize standard MassDOT bid items and the estimated construction cost will be based on available recent bid prices. III. Remaining Bid Document Preparation A. Based on Phase 1 efforts, Environmental Partners will prepare additional bid documents for the remaining projects identified in Section 1. Bid documents for straight forward projects not requiring engineered design will be formatted as a book job. Other projects involving more substantial changes will involve engineered design.The Scope of Services for book job preparation or engineered design, and bid document preparation in Section III will be established following completion of the Planning phase of services. IV. Bid Phase and Construction Phase Services This Scope of Services assumes that the Town will administer the construction of this project. A. Bid Phase Services 1. ENVIRONMENTAL PARTNERS shall assist the Town in advertising for and obtaining bids for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued,and attend pre-bid conferences for the contract. ENVIRONMENTAL PARTNERS shall issue Addenda as appropriate to clarify, correct or change the Bidding Documents. 2. ENVIRONMENTAL PARTNERS shall consult with the Town as to the acceptability of subcontractors, suppliers and other persons and entities proposed by the Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. 3. ENVIRONMENTAL PARTNERS shall attend the pre-bid meeting and bid opening, prepare bid tabulation sheets and assist the municipality in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. B. Construction Phase Services 1. ENVIRONMENTAL PARTNERS will provide Construction Administration services including attendance to preconstruction conferences, review and approval of shop drawings, review of payment requisitions, consultation and office services, site visits, inspections, meetings, final inspection or other related work, as requested by the municipality in connection with this project. All services provided by ENVIRONMENTAL PARTNERS shall be as directed by the Town. Construction communications will include weekly project updates with a summary of work completed in the week and a look ahead to the work to be completed the following week for distribution to the public. 2. ENVIRONMENTAL PARTNERS will provide a full time Resident Project Representative (RPR)whose duties,responsibilities and limitation of authority are outlined below,for a duration to be negotiated with the Town. The actual cost for RPR services will depend on the construction duration and direction by the Town. The RPR will: o Serve as ENVIRONMENTAL PARTNERS' liaison with the Contractor, working principally through the Contractor's designated on-site representative and assist in understanding the intent of the Contract Documents. o Conduct daily on-site construction review of the work in progress or otherwise necessary to determine to the best of his knowledge (1) if work is proceeding in general conformance with the Contract Documents and (2)that the completed work is in substantial conformance with the Contract Documents o Furnish periodic reports as required of progress of the work of the Contractor's compliance with the progress schedule and schedule of shop drawing submissions. Provide weekly reports/updates to the Client regarding project progress and status during construction. 3. The duration and resulting cost of construction phase services are controlled by the level of construction established during the design process and the efficiency of the contractor. ENVI-15 OP ID:BC A`ORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/28/2019 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.92,Ste.305 (A/CONE.No Ell,781-24"400 (FAX,/ No): 781-245-5463 Wakefield,MA 01880 E-MAIL Christopher A.Poole ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC If INSURER A:Travelers Indemnity Co of CT 25682 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 INSURER D:XL Specialty Insurance Company 37885 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 ADDL POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE a OCCUR X 6802J049788 06/13/2019 06/13/2020 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,00 MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY a JE T LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 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 NON-OWNED PROPERTY DAMAGE $X HIRED AUTOS X AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,00 C EXCESS LIAB CLAIMS-MADE CUP6572Y321 06/13/2019 06/13/2020 AGGREGATE $ 6,000,00 DIED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N UB-6K138549 06/13/2019 06/13/2020 E.L.EACH ACCIDENT Is 1,000,00 OFFICER/MEMBER EXCLUDED? FRI N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under 1 000,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Arch/E ng.Prof.Liab DPR9943746 06/18/2019 06/18/2020 Per Claim 5,000,00 Incl.Pollution Liab 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. Re: Planning of Permanent Pavement Program CERTIFICATE HOLDER CANCELLATION ANDOV-9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 384 Osgood Street North Andover,MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD