HomeMy WebLinkAboutContract #: 1297 - From: 04-06-2020 To: 06-30-2020 - Tighe and Bond - DPW TOWN OF NORTH ANDOVER
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
CONTRACT#
(i
DATE:
This Contract is entered into on, or as of,this date by and between the Town of North Andover
(the "Town"), and
Contractor: Tighe & Bond, Inc.
Address: Corporate:
53 Southampton Road
Westfield,MA 01085
Servicing Office:
120 Front Street Suite 7
Worcester,MA 01608
Telephone Number: 413-562-1600/508-754-2201
Email: Came tr ictslbe tt`7ti.h�cr 1 /EJScerbo@tighebond.com
1. This is a Contract for the procurement of the following:
Provide professional engineering services related to the Permit Year 2 Stormwater Program
Assistance in accordance with the proposal dated April 3,2020, (See Attachment A).
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
In accordance with the proposal dated April 3,2020 (See Attachment A), on a percent
complete basis for the services performed,with a not to exceed amount of$81,200.
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 Tighe&Bond,Inc. Page I
4. Definitions:
4.1 Acceptance: All Contracts require proper acceptance of the described deliverables
or services by the Town of North Andover. Proper acceptance shall be understood
to include inspection of deliverables and certification of acceptable performance
for services by authorized representatives of the Town to insure that the
deliverables or services are complete and are as specified in the Contract.
4.2 Contract Documents: All documents relative to the Contract including (where
used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary
General Conditions, General Specifications, Other Specifications included in
Project Manual, Drawings, Request for Qualifications, Scope of Services, and all
Addenda. The Contract documents are complementary, and what is called for by
any one shall be as binding as if called for by all. The intention of this Contract is
to include all labor and materials, equipment and transportation necessary for the
proper performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term shall
(as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term "Contractor" shall be understood to refer to any other such label
used.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents, as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies, Materials or other Deliverables.
4.6 SubContractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
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 Tighe&Bond,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 June 30, 2020, unless extended pursuant to a
provision for extension contained in the Contract documents at the sole discretion of the
Town, and not subject to assent by the Contractor, and subject to the availability and
appropriation of funds as certified by the Town Accountant. The time limits stated in the
Contract documents are of the essence of the Contract.
6. Subject to Appropriation:
Notwithstanding anything in the Contract documents to the contrary, any and all payments
which the Town is required to make under this Contract shall be subject to appropriation or
other availability of funds as certified by the Town Accountant. In the absence of
appropriation, this Contract shall be immediately terminated without liability for damages,
penalties or other charges.
7. Permits and Approvals:
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its
performance of the Contract shall be secured and paid for by the Contractor.
8. Termination:
a. Without Cause. The Town may terminate this Contract on seven (7) calendar
days notice when in the best interests of the Town by providing notice to the Contractor, which
shall be in writing and shall be deemed delivered and received when given in person to the
Contractor, or when received by fax, express mail, certified mail return receipt requested, regular
mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by
the Contractor. Upon termination without cause, Contractor will be paid for services rendered to
the date of termination.
b. For Cause. If the Contractor is determined by the Town to be in default of any
term or condition of Contract, the Town may terminate this Contract on seven (7) days notice by
providing notice to the Contractor, which shall be in writing and shall be deemed delivered and
received when given in person to the Contractor, or when received by fax, express mail, certified
mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate
method evidencing actual receipt by the Contractor.
C. Default. The following shall constitute events of a default under the Contract:
1) any material misrepresentation made by the Contractor to the Town; 2) any
failure to perform any of its obligations under this Contract including, but not
limited to the following: (i) failure to commence performance of this Contract at
the time specified in this Contract due to a reason or circumstance within the
Contractor's reasonable control, (ii) failure to perform this Contract with
sufficient personnel and equipment or with sufficient material to ensure the
completion of this Contract within the specified time due to a reason or
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,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 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 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 38A1/2- O: Designer Selection
b. Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract, this Section shall be understood to import such term or
provision into this Contract. To whatever extent any provision of this Contract
shall be inconsistent with any law or regulation limiting the power or liability of
cities and Towns, such law or regulation shall control.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,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.
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 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 Tighe&Bond,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 EnforceabilityAgainst 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 Tighe&Bond,Inc. Page 10
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 Town shall have unlimited rights, for the benefit of the Town, in all drawings,
designs, specifications,notes and other work developed in the performance of this contract
including the right to use same on any other Town projects without additional cost to
the Town; and with respect thereto the Contractor agrees and hereby grants to the Town
an irrevocable royalty-free license to all such data which the Contractor may cover by
copyright and to all designs as to which it may assert any rights or establish any claim
under any patent or copyright laws. The Contractor shall not be responsible for changes
made in the documents by others without the Contractor's authorization, nor for the
Town's use of the document on projects other than the project which is the subject of this
Contract, unless this is a contract for design services for a master plan or prototype.
20. Audit, Inspection and Recordkeeping
At any time during normal business hours, and as often as the Town may deem it
reasonably necessary, there shall be available in the office of the Contractor for the
purpose of audit, examination, and/or to make excerpts or transcript all records, contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement.
22. Payment
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth
in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice
detailing the work completed and acceptance from the Town of the work completed.
23. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation
contained in this Contract may be made only by written amendment executed by all
signatories to the original Agreement, prior to the effective date of the amendment.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page I I
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 Waae:
The Contractor will carry out the obligations of this Contract in full compliance with all
of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq.
(Minimum Wage Law) and any executive orders, rules, regulations, and requirements of
the Commonwealth of Massachusetts as they may from time to time be amended.
29. Insurance:
Failure to provide and continue in force the following insurance during the period of this
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 12
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 Tighe&Bond,Inc. Page 13
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
Tighe&Bond,Inc.
Division/Department Head Company Name
r 04/16/2020
Town Manager Date Date
April S.Lassard, Senior Contracts Manager
Print Name & Title
APPROVED AS TO FORM:
Town Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
e
To Accountant Date
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 14
ATTACHMENT A
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 15
Thjhe&Bond
Engineers I Environmental Specialists
N1093-035
April 3, 2020
John Borgesi, P.E., Town Engineer
Division of Public Works
384 Osgood Street
North Andover, MA 01845
Re: Proposal for Professional Engineering Services
Permit Year 2 Stormwater Program Assistance
Dear John,
We are pleased to provide you with this proposal to continue assisting the Town of North
Andover in meeting requirements of the Environmental Protection Agency's (EPA's) National
Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Program. The following
Scope of Work provides the Town with support to complete multiple Permit Year 2
requirements of the 2016 Small MS4 General Permit.
SCOPE OF WORK
Phase 1: Illicit Discharge Detection and Elimination (IDDE) Program
Task 1.1: Dry Weather Outfall Investigations
Tighe & Bond will perform outfall/interconnection inspections and dry weather screening for
a portion of North Andover's MS4 outfalls, as required by Part 2.3.4.7.b of the General Permit.
Budget for this Task includes:
• Completing field work during periods of dry weather (0.1 inches or less of rainfall in
the previous 24-hour period) to verify the location of up to 315 outfalls and/or
interconnections and perform field inspections at each. The field inspections will consist
of recording background information, gathering attribute information including outfall
size, material, shape, and condition, and documenting the presence and characteristics
of dry weather flow, if present.
• Performing in situ screening of ammonia, chlorine, temperature, conductivity, salinity,
and additional TMDL and impaired waters requirements (such as dissolved oxygen) if
dry weather flow is present.
• Collecting samples from each outfall flowing during dry weather and sending samples
to a certified laboratory for analysis of surfactants, ammonia, e, coli, and TMDL and
impaired waters requirements.
• Collecting field observations, photos, and screening results with a tablet and entering
into the Town's GIS database at the end of the field effort. Tighe & Bond will provide
the Town with the updated database.
For budgeting purposes, we have assumed one Town staff and one Tighe & Bond staff will
complete all field work. Additionally, we have assumed 15 to 20 outfalls/interconnections will
be visited per day and that 25% of those will have dry weather flow. We assume no police
detail will be necessary for this effort. This Task does not include any follow-up activities
needed to identify or remove a source of an illicit discharge.
120 Front Street, Suite 7 Worcester, MA 01608 Tel 508.754.2201
Task 1.2: Field Work Preparation and Summary Report
Prior to beginning the outfall investigation field work described in Task 1.1, Tighe & Bond will
complete necessary coordination with the Town, a laboratory, and field equipment providers.
We will work with the Town to make any necessary edits to the ArcGIS Online mapping
required for field work and update the Town's impaired waterbodies as needed for the 2016
Integrated List of Waters, which was recently finalized.
At the conclusion of the field effort, Tighe & Bond will prepare a summary report documenting
the work completed, evaluating results for illicit discharge potential, and, if necessary,
recommending follow up actions. We will also provide the Town with the updated
geodatabase.
Task 1.3: Drainage System Mapping and GIS Support
Part 2.3.4.5 of the General Permit requires that the Town update the existing stormwater GIS
mapping in two phases. Phase I must be completed by June 30, 2020. Phase II must be
completed by June 30, 2028. Phase I mapping includes:
• Outfalls and receiving waters
• Open channel conveyances (swales, ditches, etc.)
• Interconnections with other MS4s and other storm sewer systems
• Municipally-owned stormwater treatment structures (e.g., detention and retention
basins, infiltration systems, bioretention areas, water quality swales, gross particle
separators, oil/water separators, or other proprietary systems)
• Waterbodies identified by name and indication of all use impairments as identified on
the most recent EPA approved Massachusetts Integrated List of Waters
• Initial catchment delineations
Tighe & Bond will work with Town staff to improve additional elements of the existing GIS
mapping in order to meet Phase I mapping requirements and provide additional GIS support
as needed.
• GIS data management and support: Tighe & Bond will provide up to 50 hours of
as-needed GIS support to the Town, which may include, but is not limited to, the
following:
o Temporarily setting up the Town's stormwater GIS in Tighe & Bond's ArcGIS
Online cloud.
o Assist with setting up the Town's online stormwater GIS capabilities in the
Town's environment, which may include coordination with ESRI and/or Town
employee oversight and guidance. Purchase of ESRI licenses is not included in
this proposal.
o Recommend necessary improvements for data reliability and functionality of
ArcGIS Online applications and overall drainage GIS, if applicable.
o Provide recommendations for ESRI applications needed for the Town's field
efforts, data management, and MS4 program tracking.
• Stormwater treatment structures/best management practices (BMPs) and
open channel conveyances: Tighe & Bond will gather input from Town staff about
the location of municipally owned and/or operated BMPs, as well as swales along
municipal streets. The locations and extents of these items will be verified using
existing orthoimagery and added to the Town's GIS mapping as a drainage feature.
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• Interconnections: Tighe & Bond will gather input from Town staff about the
location(s) of possible or likely interconnections with another MS4 (e.g., neighboring
municipality or MassDOT) or private drainage system. We will complete a desktop GIS
exercise to verify the location of the possible interconnection(s). The
interconnection(s) will be added to the GIS mapping.
Tighe & Bond will not complete any field work to verify connectivity of the drainage system
as part of this effort.
Deliverables: Functioning GIS web services, which Town staff can access via the recently
purchased Town-owned iPad. Culvert inventory, dry weather outfall investigation, and other
applicable applications recommended as part of this Task will be available on the iPad.
Phase 2: Town-Wide Operation and Maintenance (O&M) Plan
Under the Good House Keeping and Pollution Prevention MCM, the General Permit requires a
written O&M program for Town-owned operations and facilities.
Tighe & Bond will develop an inventory of municipal operations and facilities, including parks
and open space, buildings and facilities, floor drains, and vehicles and equipment. The
inventory will also include a summary of Town-owned or operated stormwater BMPs in the
drainage GIS. This inventory is the first step toward the Town's O&M Program with the goal
of preventing or reducing pollutant runoff and protecting water quality from Town operations.
After drafting the inventory, Tighe & Bond will meet with Town staff that play a role in 0&M
at municipal buildings and visit up to five (5) sites on the day of the meeting. The Town will
be responsible for developing a list of attendees, coordinating a suitable meeting time, and
reserving a meeting location.
We will develop standard operating procedures (SOPS) for O&M at the facilities and operations
identified in the inventory. The SOPS may include the following as applicable to each facility
or operation:
• Catch basin inspection and cleaning
• Optimizing catch basin cleaning schedule
• Street and parking lot sweeping
• Winter road maintenance
• 0&M at municipal parks and open spaces
• O&M at municipal buildings and facilities
• 0&M for municipal vehicles and equipment
• Stormwater BMP inspection and maintenance
The Plan will also provide needed forms and recommendations for record keeping and training.
Deliverables: Tighe & Bond will provide a draft O&M Plan for review and input by Town staff.
We will incorporate feedback received to finalize the O&M Plan. Tighe & Bond will provide an
electronic copy and two hard copies of the final O&M Plan.
Employee Training: Once the O&M Plan has been finalized, Tighe & Bond will conduct one (1)
training session for Town staff on implementation of the Town-Wide O&M Plan and the IDDE
Program. The Town will identify the appropriate staff to attend the training based on
responsible departments identified in the Plans, send invitations, and arrange for a two-hour
training time and location. Tighe & Bond will deliver the training presentation and handouts
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for future use by the Town as well as a training sign-in sheet and quiz. The training will satisfy
the Annual IDDE Employee Training requirement in Part 2.3.4.11 of the General Permit.
Phase 3: Public Education and Involvement
For Permit Year 2, Tighe & Bond will review, compile, and/or develop educational materials
for target audiences to meet the General Permit's Public Education minimum control measure.
Sources of educational materials may include MassDEP, EPA, Greenscapes, Massachusetts
stormwater collaboratives and planning groups, and other publicly available materials. Tighe
& Bond will recommend where new materials can be posted on the Town website and will
provide brief explanatory paragraphs for the website, if requested. We will work with the Town
to select one or two methods to reach target audiences (Businesses/ Institutions/Commercial
Facilities and Industrial Facilities) for Permit Year 2. Tighe &Bond will not produce or mail any
materials as part of this Task.
Tighe & Bond will also attend one Planning Board public meeting to solicit input from the
public and local decision makers. The Town will determine the most suitable date for this
presentation and will coordinate public notice (if needed). Tighe & Bond will assist with
preparation of materials needed for the agenda and packets in advance, and provide the Town
with the PowerPoint presentation and handouts for their records.
Phase 4: Post-Construction Regulatory Review and Update
Part 2.3.6.a of the General Permit requires that the Town develop and enforce a program to
address post-construction stormwater runoff from all new development and redevelopment
sites that disturb one or more acres. Tighe & Bond will assist the Town in reviewing the
existing Stormwater Management and Erosion Control Bylaw and associated Regulations for
consistency with the new Permit requirements and work to update the Regulations as needed
for compliance. Related forms and instructions will also be updated as applicable. This Task
will include the following items:
• Provide updated draft language for the Regulations to meet EPA's construction
stormwater management requirements of the 2016 General Permit;
• Attend one (1) meeting with the Stormwater Group, including Planning Board,
Conservation Commission, and other Town staff as applicable, to review the updated
language;
• Make final revisions to finalize the Regulations based on the feedback and comments
received at the Stormwater Group meeting; and
• Attend one (1) Planning Board public hearing in support of adoption of the updated
Regulations (see Phase 3).
It is our understanding that no changes will be required for the Stormwater Management and
Erosion Control Bylaw to meet General Permit requirements.
Deliverables: Tighe & Bond will provide copies of the updated draft and final regulations,
forms, and instructions electronically. We will prepare a meeting agenda for the Stormwater
Group meeting and the Town will determine a suitable date and meeting location and invite
the applicable Town staff.
ASSUMPTIONS
Due to the COVID-19 pandemic and State of Emergency in Massachusetts, it may not be
possible to meet in person for meetings and trainings specified herein. We will work with the
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Town to find alternative ways to communicate and share information such as conference calls,
screen sharing, and other methods of communication.
SCHEDULE
The Scope of Work will be completed by June 30, 2020 unless there is a delay caused by the
COVID-19 pandemic. Tighe & Bond will work with Town staff to determine interim milestones
as needed.
FEE
81,200
Tighe & Bond will perform these services for a lump sum fee of $87,-000, invoiced monthly
based on percentage of each phase complete. In the event that the scope of work is increased
for any reason, the lump sum fee to complete the work shall be mutually revised by written
amendment. The included schedule and fees are based on the above scope of work and
assumptions. The schedule includes reasonable allowances for review and approval times by
applicable parties. This schedule may need to be adjusted as the project progresses, allowing
for changes in scope, character or size of the project requested by the Town, or for delays or
other causes beyond our reasonable control, including delays due to Force Majeure, including
those delays that may incur due to the COVID-19 pandemic.
The following fee summary provides the breakout of the project by phase.
Phase/Task Rudget
Phase 1 IDDE Program (Phase Total) $50,700
1.1 Dry Weather Outfall Investigations $35,700
1.2 Field Work Preparation and Summary Report $5,000
1.3 Drainage System Mapping and GIS Support $10,000
Phase 2 Municipal Good Housekeeping Program $18,000
Phase 3 Public Education and Involvement $4,000
Phase 4 Post-Construction Regulatory Review and Update $8,500
TOTAL $81,200
We look forward to assisting you with your stormwater program. Please feel free to contact
Emily at (508) 471-9606 should you have any questions or comments.
If this proposal is acceptable, please issue an agreement in the recently agreed to format.
Very truly yours,
TIGHE & BOND, INC.
Emily . cerbo, PE William N. Hardy, PE
Project Manager Vice President/Chief Operating Officer
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