HomeMy WebLinkAboutContract #: 1265 - From: 09-11-2019 To: 12-31-2020 - Vanesse & Associates, Inc. - DPW TOWN OF NORTH ANDOVER
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
CONTRACT #
DATE:
This Contract is entered into on, or as of, this date by and between the Town of North
Andover(the"Town"), and
Contractor: Vanasse &Associates, Inc.
Address: 35 New England Business Center Drive
Suite 140
Andover, MA 0 18 10
Telephone Number: 978-474-8800
Email: sboudreau(@rdva.com
1. This is a Contract for the procurement of the following:
Provide professional engineering services involved in the permitting and design of new
sidewalks along Osgood Street (Route 125) and Sutton Street, and construction services
required to complete the on-going Osgood Street improvements associated with the
Princeton development project in North Andover,Massachusetts.
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
In accordance with the proposal dated September 11, 2019 (see attached).
3. Payment will be made as follows:
Upon completion of services and receipt of invoice, (net 30 days).
(Rev 2019)Contract by and between the Town of North Andover and Vanasse&Associates,Inc. Page 1
4. Definitions:
4.1 Acceptance: All Contracts require proper acceptance of the described
deliverables or services by the To of North over. Proper acceptance shall be
understood to include inspection of deliverables and certification of acceptable
performance for services by authorized representatives of the Town to insure that
the deliverables or services are complete and are as specified in the Contract.
4.2 Contract Documents: All documents relative to the Contract including (where
used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary
General Conditions, General Specifications, Other Specifications included in
Project Manual, Drawings, Request for Qualifications, Scope of Services, and all
Addenda. The Contract documents are complementary, and what is called for by
any one shall be as binding as if called for by all. The intention of this Contract is
to include all labor and materials, equipment and transportation necessary for the
proper performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term
shall (as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term "Contractor" shall be understood to refer to any other such label
used.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents, as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies,Materials or other Deliverables.
4.6 SubContractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
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.
(Rev 2019)Contract by and between the Town of North Andover and Vanasse&Associates,Inc. Page 2
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 31, 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 To Accountant. The time limits stated in the
Contract documents are of the essence of the Contract.
6. Subject to Appropriation:
Notwithstanding anything in the Contract documents to the contrary, any and all payments
which the Town is required to make under this Contract shall be subject to appropriation or
other availability of funds as certified by the To 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 To may terminate this Contract on seven (7) calendar
days notice when in the best interests of the To 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
(Rev 2019)Contract by and between the Town of North Andover and Vanasse&Associates,Inc. Page 3
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 To as unsatisfactory, or erroneous, (v) discontinuance of the services for
reasons not beyond the Contractor's reasonable control, (vi) failure to comply
with a material term of this Contract, including, but not limited to, the provision
of insurance and non-discrimination, (vii) any other acts specifically and
expressly stated in this Contract as constituting a basis for termination of this
Contact, and (viii) failure to comply with any and all requirements of federal
and/or state law and/or regulations, and Town bylaw and/or regulations.
9. The Contractor's Breach and the Town's Remedies:
Failure of the Contractor to comply with any of the terms or conditions of this Contract
shall be deemed a material breach of this Contract, and the Town of North Andover shall
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 39A 1/2 -0: 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.
(Rev 2019)Contract by and between the To of No Andover and Vanasse&Associates,Inc. Page 4
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.
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.
C. 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 151B (Law Against
Discrimination) and any executive orders, rules, regulations, and requirements of the
Commonwealth of Massachusetts as they may from time to time be amended.
(Rev 2019)Contract by and between the Town of North Andover and Vanasse&Associates,Inc. Page 5
14. Assignment:
Assignment of this Contract is prohibited, unless and only to the extent that assignment is
provided for expressly in the Contract documents.
15. Condition of Enforceability gainst the Town:
This Contract is only binding upon, and enforceable against, the Town if: (1) the
Contract is signed by the Town Manager or its designee; and (2) endorsed with approval
by the Town Accountant as to appropriation or availability of funds; and (3) endorsed
with approval by the Town Counsel as to form.
16. Corporate Contractor:
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its
Clerk's Certificate certifying the corporate capacity and authority of the party signing this
Contract for the corporation. Such certificate shall be accompanied by a letter or other
instrument stating that such authority continues in full force and effect as of the date the
Contract is executed by the Contractor. This Contract shall not be enforceable against the
Town of North Andover unless and until the Contractor complies with this section.
The Contractor, if a foreign corporation, shall comply with the provisions of the General
Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in
addition thereto, relating to the appointment of the Commissioner of Corporations as its
attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly
authenticated copies of its Charter or Certificate of Incorporation; and said Contractor
shall comply with all the laws of the Commonwealth.
17. Liability of Public Officials:
To the full extent permitted by law, no official, employee, agent or representative of the
Town of North Andover shall be individually or personally liable on any obligation of the
Town under this Contract.
18. Indemnification:
The Contractor shall indemnify, defend and save harmless the Town, the Town's officers,
agents and employees, from and against any and all damages, liabilities, actions, suits,
proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every
nature and description (including reasonable attorneys' fees) incurred by, brought or
recovered against them that may arise in whole or in part out of or in connection with the
services being performed or to be performed, and out of any negligent act or omission by
the Contractor, its employees, agents, subcontractors, material men, and anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by any party indemnified
hereunder. The existence of insurance shall in no way limit the scope of the Contractor's
indemnification under this contract.
(Rev 2019)Contract by and between the Town of North Andover and Vanasse&Associates,Inc. Page 6
19. Documents.Materials, Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the
Contractor under this Contract are to be kept confidential and shall not be made available
to any individual or organization by the Contractor(except agents, servants, or employees
of the Contractor) without the prior written approval of the Town, except as otherwise
required by law. The Contractor shall comply with the provisions Chapter 66A of the
General Laws of Massachusetts as it relates to public documents, and all other state and
federal laws and regulations relating to confidentiality, security, privacy and use of
confidential data.
A hard copy and an electronic copy(if requested by the Town) of Contractor's drawings,
plans, specifications and other similar documents, whether in written, graphic or
electronic form, shall be delivered to the Town. If there is a discrepancy between the
electronic files and the hard copies,the hard copies shall govern.
The To 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 To 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. PqMent
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 Vanasse&Associates,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 To 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 To 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 To of North Andover and Vanasse&Associates,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 To for all losses,
claims, and actions resulting from the failure to provide the insurance required by this
Article. The Contractor shall furnish to the To 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 To 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 To may require for the
applicable period of limitations. The Contractor shall obtain such insurance coverage at its
own expense and provide certificates of insurance to the To prior to the execution of the
Contract.
e. The intent of the Contract provisions regarding insurance is to specify minimum coverage
and minimum limits of liability acceptable under the Contract. However, it shall be the
Contractor's responsibility 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 To 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:
(Rev 2019)Contract by and between the To of No Andover and Vanasse&Associates,Inc. Page 9
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.
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
�-�- Vanasse &Associates, Inc.
Div' ion/Department Head Company Name
/-)4wz- ��W F&UdAzazz 12/10/19
Town Manager Date Signature Date
Stephen M. Boudreau, Partner
Print Name &Title
APP OVED AS TO FORM:
I l� ► L �
own Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
own ccountant 5ate
(Rev 2019)Contract by and between the Town of North Andover and Vanasse&Associates,Inc. Page 10
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35 New England Business Center Drive
11W ;al�Tae7« uwuttlan Engineers Planners suite 140
Andover,MA 01810
78-474- 800
www.rdva.com
AGREEMENT
Project: Osgood et(Route 125)and Sutton t Date: September 11,2019
Sidewalk ve Project No.: 74502
Northr,Massachusetts Page: 1 of
To: Mr.Jim Stanford CONTRACT COST ESTIMATE Fixed Fee
Director,Department of Public Works Labor Cost: $123000 X T&E
0o Direct Expense: $27,500 X Lump Sum
North Andover,MA 0 1845 Total Cost: $150,500Other
The Town of North Andover, hereinafter called the "CLIENT," has retained Vanasse & Associates, Inc.,
hereinafter called the "CONSULTANT' to provide professional engineering services involved in the permitting
and design of new sidewalks along Osgood Street (Route 125) and Sutton Street; and construction services
required to complete the on-gong Osgood Street improvements associated with the Princeton development project
in North Andover,Massachusetts.
SCOPE OF SERVICES
The CONSULTANT shall perform the services described in accordance with the Town of North Andover Terms
and Conditions.
The CONSULTANT, acting as the representative of and a consultant to the CLIENT, shall perform the
engineering services involved in the design of the proposed sidewalk improvements and construction services
detailed below.
Project Description and Limits of Work
Sutton Street Sidewalk
The proposed pedestrian improvements along Sutton Street include design of curb/sidewalk and drainage
modifications along the south side of Sutton Street from Osgood Street to the McEvoy Park Exit Drive(approx.
1,300 feet)and on the north side of Sutton Street from Osgood Street to the west side of the Lawrence Municipal
Airport Drive(approx.400 feet).
Osgood Street Sidewalk
The proposed pedestrian improvements along Osgood Street include design of curb/sidewalk, drainage
modifications and traffic signal modifications which include pedestrian crossings at the Osgood Street/Sutton
Street and Osgood Street/Great Pond Road (Route 133)tCasa Blanca drive intersections. The limits of the
proposed sidewalk along the west side of Osgood Street are from the Mobil Gas Station northerly drive to
approximately 50 feet south of Sutton Street(approx. 550 feet) and from the Casa Blanca drive to the northerly
drive at #1160 Osgood Street (approx. 350 feet). The limits of the proposed sidewalk along the east side of
Osgood Street are from the Great Pond Crossing northerly drive to the Butcher Boy Market Place southerly drive
(approx.520 feet). A portion of this project area is within the buffer of a designated wetland.
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AGREEMENT
Project: Osgood Street(Route 125)and Sutton Street Date: September 11,2019
i 1 v Project No.: 7450.2
North Andoyer,Massachusetts Page: 2 of 9
It is understood that the Scope of Services under this Agreement can be changed by actions of the CLIENT, and
MassDOT. Changes, schedule revisions, etc. made by the CLIENT or MassDOT can result in changes in the
scope of work and,therefore, compensation to associated tasks. Services to be performed under this Agreement
include.
1.0 Data Collection and Base Plans
1.1 Highway Survey—The CONSULTANT will engage a surveyor to provide a topographic survey
within the project limits associated with sidewalk improvements as detailed above,including:
• horizontal and vertical control.
• surface detail including drainage and utility features, signs, driveways, trees, fences, walks,
mailboxes,etc.
• location of edge of pavement,shoulders,sidewalks,pavement markings,etc.
• location of utilities that are visible or marked out in the field.
• wetland flagging.
1.2 Utility Research - obtain plans from private and public utilities within the project limits to
confirm the information provided by survey. Subsurface utilities will be located based on record
data and will be approximate.
I
1.3 Base Plan Preparation — the CONSULTANT will field check the survey provided and will
coordinate with the surveyor relative to any missing or incomplete elements discovered.
2.0 Preliminary g En ineerin
E
.1 Sutton Street Sidewalk(Town Jurisdiction). The CONSULTANT shall prepare a preliminary
sidewalk plan for submission to the Town for review. The CONSULTANT shall perform the
following services:
• Design ADA compliant sidewalk and wheelchair ramp layout.
• Define project limits,construction materials,and details.
2.2 Osgood Street Sidewalk (MassDOT Jurisdiction). The CONSULTANT shall prepare a
preliminary sidewalk plan for submission to MassDOT and the Town. The CONSULTANT shall
perform the following services:
• Design ADA compliant sidewalk and wheelchair ramp layout, including crosswalks at the
Osgood Street/Sutton Street intersection(across Sutton Street)and at the Osgood Street/Great
Pond Road/Casa Blanca drive intersection(across Osgood Street and Great Pond Road).
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'IL AL uI , 'N�� 35 New England Business Center Drive
Traimpartatton Engineors & Planners Suite 140
Andover,MA 01810
978-474-800
www.rdva.com
AGREEMENT
Project: soo (Route 15)and Sutton Street Date: September 11,2019
i v Project No.: 7450.2
North Andover,Massachusetts Page: 3 of 9
• Perform traffic analysis to analyze the existing and proposed conditions(with new pedestrian
signal control and crosswalks) at the Osgood Street/Sutton Street and Osgood Street/Great
Pond Road/Casa Blanca drive intersections. Prepare a technical memorandum with capacity
and level-of-service analyses for the existing and proposed conditions including a summary
of findings and recommended optimized traffic signal timing and clearance intervals.
• Prepare the traffic signal design plans and data sheets including, signal layout for the
Accessible Pedestrian System(APS) push buttons and count down heads, signal phasing and
timing;and signing and striping.
• Prepare design plans for ADA compliant wheelchair ramps.
• Define project limits,construction materials,and details.
2.3 State Highway Access Permit Application. Prepare the permit application/amendment and
plans, and compile supporting documents for submission to MassDOT, for the proposed Osgood
Street sidewalk improvements(Task 2.2).
3.0 Environmental Permit Documents
.1 Wetland Identification. The CONSULTANT shall perform wetland flagging of the wetland
p areas adjacent to the project in accordance with state regulations.
3.2 Notice of Intent (NOI)/Request for Determination of Applicability (RDA). The
CONSULTANT shall examine the effects of the proposed roadway design on wetlands and
prepare the plans in support of the NOI/RDA for submission to the local Conservation
Commission and Department of Environmental Protection (DEP). Development of extensive
mitigation plans will be considered beyond the scope of work.
4.0 Final Engineering
4.1 Sutton Street Sidewalk(Town Juridiction)
75%/100% Plans and Specifications - The CONSULTANT in the advancement of the final
design for the project shall prepare the 750/o/100% Design Submission for the Town. In the
development of the final design and the preparation of the contract plans and specifications, the
CONSULTANT shall perform the following tasks:
• Sidewalk Design—Provide design plans and calculations for:
— ADA compliant sidewalk layout and grading
— Drainage modifications
-- Pavement markings and signing
— Cross sections
TA7450.2N Andow-Town 2VAinlContmMAVAI 019_091I FOA 7450.2.doQ
35 New England Business Center Drive
Suite 140
IAN
Andover,MA 01810 978-474-8800
www.rdva.com
AGREEMENT
Project: Osgood Street(Route 125)and Sutton Street Date: September 11,2019
Sidewalk Improvements Project No.: 7450.2
North Andover,Massachusetts Page: 4 of 9
• Special Provisions—Design work will be based on the current edition of the MassDOT
(formerly MassHighway) Standard Specifications for Highways and Bridges and
Supplemental Specifications to the Standard Specifications. The CONSULTANT shall
prepare Special Provisions for construction materials and procedures not covered by the
MassDOT Standard or Supplemental Specifications.
• Construction Cost Estimate — Prepare an engineer's estimate for the proposed
improvements
• Temporary Traft Control Plans — Prepare a traffic control plan that will permit
continuous access to adjacent properties as well as carry through traffic without excessive
delay.
Final Plans, Specifications and Estimate(PS&E)-The CONSULTANT shall prepare the Final
100% PS&E Submission for the Town. The CONSULTANT shall review and prepare response
to the 100% design comments issued by the Town, and prepare final revisions to the plans,
specifications and cost estimate.
4.2 Osgood Street Sidewalk(MassDOT Jurisdiction)
75%/100% Plans and Specifications - The CONSULTANT in the advancement of the final
design for the project shall prepare the 750/o/100% Design Submission for review and comment
by MassDOT and the Town. In the development of the final design and the preparation of the
contract plans and specifications,the CONSULTANT shall perform the following tasks:
• Sidewalk and Intersection Design—Provide design plans and calculations for:
— ADA compliant sidewalk layout and grading
— Drainage modifications
— Pavement markings and signing
— Traffic signal layout,timing,phasing and coordination
— Cross sections
• Special Provisions—Design work will be based on the current edition of the MassDOT
(formerly MassHighway) Standard Specifications for Highways and Bridges and
Supplemental Specifications to the Standard Specifications. The CONSULTANT shall
prepare Special Provisions for construction materials and procedures not covered by the
MassDOT Standard or Supplemental Specifications.
• Construction Cost Estimate — Prepare an engineer's estimate for the proposed
improvements
• Temporary Traffic Control Plans — Prepare a traffic control plan that will permit
continuous access to adjacent properties as well as carry through traffic without excessive
delay.
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AGREEMENT
Project: Osgood Street(Route 125)and Sutton Street Date: September 11,2019
i Irovements Project No.: 7450.2
North Andover,Massachusetts Page: 5 of 9
• Signal Maintenance Agreement and Draft Traffic Signal Regulation-Prepare the Traffic
Signal Maintenance Agreement and Draft Traffic Signal Regulation(s) for MassDOT
review and approval.
Final Plans,Specifications and Estimate(PS&E)-The CONSULTANT shall prepare the Final
100% PS&E Submission for MassDOT and the Town. The CONSULTANT shall review and
prepare response to the 100%design comments issued by MassDOT and the Town, and prepare
final revisions to the plans,specifications and cost estimate.
5.0 Right-of-Way and Layout(Not included in Contract)
6.0 Project Meetings/Coordination
The CONSULTANT will be available to attend project meetings with the CLIENT and MassDOT, as
directed by the Client. Services include coordination,preparation,travel,attendance,supporting graphics
(when required),and documentation in the form of meeting notes. Work provided under this task will be
invoiced on a time and expenses basis of payment.
7.0 Abutter Coordination(Not included in Contract)
8.0 Bidding and Negotiating(Not included in Contract)
9.0 Final Traffic Signal Layout Plans
MassDOT Traffic Signal Layout Plans. The CONSULTANT shall prepare and compile final Traffic
Signal Layout plans (as-built) and support documents in accordance with MassDOT Traffic Signal
Regulations (Standard Operating Procedures,No. HMD-60-03-3-000). At the completion of the project,
the CONSULTANT shall prepare traffic signal documents including archive photographs of all
intersection approaches and interior of each traffic signal cabinet; as-built drawings of the traffic signal
layout at each intersection location; and a copy of project approvals and State Highway Access Permit.
The plans and documents will be submitted to MassDOT as the final record of the constructed
improvements,as they relate to the traffic signal installation.
10.0 Construction Services
10.1 Shop Drawings. The CONSULTANT shall respond to requests for information (RFI) and
review and approve Shop Drawings, samples, and other data that Contractor(s) are required to
submit,but only for conformance with the design concept of the project and compliance with the
information given in the Contract Documents. Such reviews and approvals or other action shall
not extend to means, methods,techniques,sequences, or procedures of construction, or to safety
precautions and programs incident thereto.
TA7450.2 N Ambver-Town 2%A"in%Con1nc6VA1 A U019_0911 FOA 7450.2.duex
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35 New England Business Center Drove
Trawrw *r1aflon Engfrmora &Puarwuiewws Suite 140
IAN
Andover,MA 01810
978-474-8800
www.rdva.com
AGREEMENT
Project: Osgood Street(Route 125)and Sutton Street Date: September 11,2019
Sidewalk Improvements Project o.: 7450.2
Northover,M&ssachusetts Page: 6 of 9
10.2 Construction Observation.
For the purpose of this Agreement, the CONSULTANT has assumed part time construction
observation services, as directed by the Client. Construction services shall be provided to
complete the on-gong Osgood Street improvements associated with the Princeton development
project, for reclaiming and paving of Barker Street and for the additional proposed sidewalk
improvements on Osgood Street and Sutton Street. Construction services will be billed on a time
and expenses basis of payment.
The CLIENT agrees to the following in connection with observing the work of Contractor(s)
while it is in progress:
10.2.1 The CONSULTANT shall visit the site at intervals appropriate to the various stages of
construction as the CONSULTANT deems necessary in order to observe, as an
experienced and qualified design professional, the progress and quality of the various
aspects of Contractor(s)' work. Based on information obtained during such visits and
observations, CONSULTANT shall endeavor to determine in general if such work is
proceeding in accordance with the Contract Documents. The CONSULTANT shall keep
the CLIENT informed in writing of the progress of the work.
10.2.2 The purpose of the CONSULTANT's visits to the site will be to enable the
CONSULTANT to better carry out the duties and responsibilities assigned to and
undertaken by the CONSULTANT during the Construction phase, and in addition, by
exercise of the CONSULTANT's efforts as an experienced and qualified design
professional, to provide for the CLIENT a greater degree of confidence that the
completed work of Contractor(s) will conform generally to the Contract Documents and
that the integrity of the design concept as reflected in the Contract Documents has been
implemented and preserved by Contractor(s). On the other hand, the CONSULTANT
shall not, during such visits or as a result of such observations of Contractor(s)' work in
progress, supervise, direct, or have control over Contractor(s); work nor shall the
CONSULTANT have authority over or responsibility for the means, methods,
techniques, sequences, or procedures of construction selected by Contractor(s),for safety
precautions and programs incident to the work of Contractor(s), or for any failure of
Contractor(s) to comply with laws, rules, regulations, ordinances, codes, or orders
applicable to Contractor(s) furnishing and performing their work. Accordingly, the
CONSULTANT can neither guarantee the performance of the construction contracts by
Contractor(s) nor assume responsibility for Contractors) failure to furnish and perform
their work in accordance with the Contract Documents.
10.3 Defective Work. During such visits and on the basis of such observations,CONSULTANT may
disapprove of or reject Contractor(s)work while it is in progress if CONSULTANT believes that
such work will not produce a completed project that conforms generally to the Contract
TA74501 N Andover.Town Mdmin%CnntmcAVA1 Agar U019_0911 FOA 7450.8.doex
a
35 New England Business Center Drive
Suite 140
Andover,MA 01810
978.474-8800
www.rdva.com
AGREEMENT
Project: Osgood Street(Route 125)and Sutton Street Date: September 11,2019
Sidewalk I vements Project No.: 7450.2
North , Massachusetts Page: 7 of 9
Documents or that it will prejudice the integrity of the design concept of the project as reflected
in the Contract Documents.
10.4 Interpretations and Clarifications. The CONSULTANT shall issue necessary interpretations
and clarifications of the Contract Documents and in connection therewith,prepare work directive
changes and change orders as required.
10.5 Tests. The CONSULTANT shall have authority as the CLIENT's representative to require
special testing of the work. The CONSULTANT shall also receive and review all certificates of
observations, testings, and approvals required by laws, rules, regulations, ordinances, codes,
orders, or the Contract Documents (but only to determine generally that their content complies
with the requirements of, and the results certified indicate compliance with, the Contract
Documents).
10.6 Disputes between CLIENT and Contractor(s). The CONSULTANT shall act as initial
interpreter of the requirements of the Contract Documents and judge of the acceptability of the
work thereunder and make decisions on all claims of CLIENT and Contractor(s) relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. The CONSULTANT shall not be liable for
the results of any such interpretations or decisions rendered in good faith.
10.7 Payment Requisition. Based on the CONSULTANT's on-site observations as an experienced
and qualified design professional and on review of payment requisitions and the accompanying
data and schedules:
• The CONSULTANT shall determine the amounts owed to Contractor(s) and recommend in
writing payment(s) to Contractor(s) in such amounts. Such recommendations of payment
will constitute a representation to CLIENT, based on such observations and review, that the
work has progressed to the point indicated, and that, to the best of CONSULTANT's
knowledge,information,and belief,the quality of such work is generally in accordance with
the Contract Documents. This is subject to an evaluation of such work as a functioning
whole prior to or upon Substantial Completion, to the results of any subsequent tests called
for in the Contract Documents,and to any other qualifications stated in the recommendation.
In the case of unit price work, CONSULTANT's recommendations of payment will include
final determinations of quantities and classifications of such work(subject to any subsequent
adjustments allowed by the Contract Documents).
• By recommending any payment, the CONSULTANT will not, thereby, be deemed to have
represented that exhaustive,continuous, or detailed reviews or examinations have been made
by the CONSULTANT to check the quality or quantity of Contractor(s) work as it is
furnished and performed beyond the responsibilities specifically assigned to CONSULTANT
in this AGREEMENT and the Contract Documents. CONSULTANT's review of
Contractor(s)' work for the purposes of recommending payments will not impose on the
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www.rdva.com
AGREEMENT
Project: Osgood Street(Route 125)and SuttonStreet Date: September 11,2019
Sidewalk Improvements Project No.: 7450.2
Northov r,Musachusetts Page: 8 of 9
CONSULTANT responsibility to supervise, direct, or control such work or for the means
methods, techniques, sequences, or procedures of construction or, safety precaution or
programs incident thereto or Contractor's)' compliance with laws, rules, regulations,
ordinances, codes, or orders applicable to their furnishing and performing the work. it will
also not impose responsibility on CONSULTANT to make any examination to ascertain how
or for what purposes any Contractor has used the moneys paid on account of the Contract
Price, or determine that title to any work,materials,or equipment has passed to CLIENT free
and clear of any lien, claims, security interests or encumbrances, or that there may not be
other matters at issue between CLIENT and Contractor that might affect the amount that
should be paid.
10.8 Contractor(s)' Completion Documents. The CONSULTANT shall receive and review
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
observation, tests and approvals which are to be assembled by Contractor(s) in accordance with
the Contract Documents. However,CONSULTANT's review will be only to determine that their
content complies with the requirements of the Contact Documents; in the case of certificates of
observation, tests, and approvals, the results certified indicate compliance with the requirements
of the Contract Documents. The CONSULTANT shall transmit Contractor's Completion
Documents to CLIENT with written comments.
10.9 Observations. The CONSULTANT shall conduct observations to determine if the work is
substantially complete and a final observation to determine if the completed work is acceptable so
that CONSULTANT 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).
10.10 As-Built Drawings. (Not included,except as noted under Task 9.0)
10.11 Limitations of Responsibilities. The CONSULTANT shall not be responsible for the acts or
omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s), or
subcontractor's or supplier's agents or employees, or any other persons (except
CONSULTANT's own employees and agents) at the site or otherwise furnishing or performing
any of the Contractor(s)' work. However, nothing contained in paragraphs 10.1 through 10.11
inclusive shall be construed to release the CONSULTANT from liability for failure to properly
perform duties and responsibilities assumed by CONSULTANT in the Contract Documents.
TA7450.2 N ArAawr-Town 21Admin%Cwuwt%VAI 12019 0911 FOA 7450.2. x
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978-474-8800
www.rdva.com
AGREEMENT
Project: Osgood Street(Route 125)and Sutton S t Date: September 112 2019
Sidewalk Improvements Project No.: 7450.2
North Andover, Massachusetts Page: 9 of 9
COMPENSATION
I. The total estimated compensation for performing the Scope of Services is estimated below:
Tasks
1 Data Collection and Base Plans $2,000
2 Preliminary Engineering 23,000
3 Environmental Permit Documents 2,000
4 Final Engineering 33,000
5 Right-of-Way and Layout --
6 Project Meetings/Coordination 5,000
7 Abutter Coordination --
8 Bidding and Negotiating --
9 Final Traffic Signal Layout Plans 3,000
10 Construction Services 55,000
Labor Cost $123,000
VAI Direct Expense $5,000
Subconsultant(Environmental) $12,500
Survey(Hancock Associates,estimated) $10,000
Total Estimated Cost $150,500
2. Services rendered in Tasks 1 through 5 will be invoiced on a percentage of completion against the Total
Labor Fee with the exceptions noted above. Services rendered in Tasks 6 through 10 will be invoiced on
an hourly basis using the CONSULTANT's standard billing rate schedule in effect at the time services are
performed.
3. The CONSULTANT will not exceed the total estimated cost as stated herein without the written approval
of the CLIENT.
4. The CONSULTANT shall be reimbursed for subconsultants and expenditures trade specifically for the
project,such as printing and reprographics,travel and subsistence,traffic counts and other data collection,
telephone, shipping, postage, courier services, equipment rentals, purchase of maps and similar
documents,etc.at 1.10(10%)times the actual direct costs.
Prepared By:Stephen M.Boudreau,P.E.
Plesse execute this Contract authorizing us to proceed with the above scope of services at the stated estimated cost. No vmrk will be performed under this {
Contract until it is signed and returned to VAI. Upon execution by both parties,this Contract is subject to all terns and conditions and provisions attached.
VAI Authorization D,,.,,, ., Client Authorization(Pi aresi ,at®wdmmnp
Stephen M.Boudreau °.. M
.nsaa+.et etvoc
By: By:
Title: Pwtner Title:
Date: 11,2019 Date:
TA74503 N %w-T 'a%Can1maWA1 A 19 041E FOA 7450.2.doec j
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