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HomeMy WebLinkAboutContract #: 1380 - From: 11-11-2020 To: 10-20-2021 - Environmental Partners - 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: Environmental Partners Group, Inc. Address: 1900 Crown Colony Drive STE 402 Quincy, MA 02169 Telephone Number: 617.657.0277 Email: rjr@envpartners.com 1. This is a Contract for the procurement of the following: The construction phase services for the Barker Street Culvert Replacement project. 2. The Contract price to be paid to the Contractor by the Town of North Andover is: On a time and expenses basis, in accordance with the proposal dated August 27, 2020 (see attached),with a not to exceed budget of$75,000. 3. Payment will be made as follows: Upon completion of services and receipt of invoice, (net 30 days). 4. Definitions: (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 1 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. 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 October 20, 2021, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 2 appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination: a. Without Cause. The Town may terminate this Contract on seven(7) calendar days notice when in the best interests of the Town by providing notice to the Contractor,which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. b. For Cause. If the Contractor is determined by the Town to be in default of any term or condition of Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. C. Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2)any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 3 (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 '/2-O: Designer Selection b. Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and Towns, such law or regulation shall control. C. The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. (Rev 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 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 5 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. 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 (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 6 General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. A hard copy and an electronic copy(if requested by the Town) of Contractor's drawings, plans, specifications and other similar documents,whether in written,graphic or electronic form,shall be delivered to the Town. If there is a discrepancy between the electronic files and the hard copies, the hard copies shall govern. The Town shall have unlimited rights,for the benefit of the Town,in all drawings,designs, specifications, notes and other work developed in the performance of this contract including the right to use same on any other Town projects without additional cost to the Town; and with respect thereto the Contractor agrees and hereby grants to the Town an irrevocable royalty-free license to all such data which the Contractor may cover by copyright and to all designs as to which it may assert any rights or establish any claim under any patent or copyright laws. The Contractor shall not be responsible for changes made in the documents by others without the Contractor's authorization,nor for the Town's use of the document on projects other than the project which is the subject of this Contract, unless this is a contract for design services for a master plan or prototype. 20. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary,there shall be available in the office of the Contractor for the purpose of audit,examination, and/or to make excerpts or transcript all records,contracts,invoices, materials,payrolls,records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty(30)days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement,prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. 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. (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 7 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3)business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager,Town Hall, 120 main Street,North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest(and where not corporate,the heirs and estate of the Contractor). 27. Contract Amendments: Any change in the scope of services or contract price shall be made only by a written contract amendment executed by the Town and the Contractor. 28. Minimum Wage: The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 29. Insurance: Failure to provide and continue in force the following insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this 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. (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 8 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 $1 M 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 "MIW'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 general 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 Environmental Partners Group, Inc. NNision/Department ead Company Name 10-21-2020 Town Manager Date Sig r Date Ryan J. Trahan, PE, Chief Operating Officer Print Name&Title APPROVED AS TO FORM: /bwn�C�ou �J-- ate CERTIFICATION AS TO AVAILABILITY OF FUNDS: l Town countant Date (Rev 2019)Contract by and between the Town of North Andover and Environmental Partners Group,Inc. Page 10 ENVIRONMENTAL PARTNERS GROUP, INC CONSTRUCTION SERVICES BARKER STREET CULVERT PROPOSAL DATED AUGUST 27, 2020 ENVIRONMENTAL PARTNERS August 27,2020 John J. Borgesi, PE Town Engineer North Andover DPW 384 Osgood St North Andover, MA 01845 RE: Construction Services Proposal Barker Street Culvert Replacement Dear John, Environmental Partners Group, Inc.(ENVIRONMENTAL PARTNERS) is pleased to provide the Town's Department of Public Works(CLIENT)with our proposed scope of services and fee for construction services for the Barker Street Culvert Replacement project.This proposal is based on a time and materials basis. Our proposed scope of services is described below: Scope of Services ENVIRONMENTAL PARTNERS will provide construction phase services consisting of construction administration and resident engineering services during construction. ENVIRONMENTAL PARTNERS' role and responsibilities are detailed below in Tasks 1 and 2, Construction Administration and Resident Engineering Services, respectively. If the duration of construction work extends beyond the estimated duration of 40 days of active construction,then the compensation for services will be adjusted accordingly. Duties also include determining streambed material distribution and monitoring of the contractor's compliance with the North Andover Conservation Commission's(NACC)Order of Conditions. The specifics duties and responsibilities are described below. Task 1 -Construction Administration Services 1.1 Attend a project kick-off meeting with the selected Contractor,the Client, and other interested parties to discuss the construction of the project,as outlined in the Construction Contract Documents, including:(1)scheduling; (2) methodology for dispute resolution;(3) substitutions of materials and/or construction procedures;(4)clarifications of the Contract Documents;and (5)coordination with the Client. Page 2 of 8 1.2 Review and take appropriate action with respect to shop drawings and samples, results of tests and inspections, and other data which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents(but such review or other action shall not extend to means, methods, sequences,techniques,or procedures of construction, or to safety precautions and programs incident thereto); determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review(for general content, as required by the Specifications)maintenance and operating instructions, schedules, guarantees, bonds,and certificates of inspection,which are to be assembled by Contractor(s) in accordance with the Contract Documents. 1.3 Conduct one day of field work to determine streambed material distribution.The work will be conducted by qualified Engineers or Technicians for up to 8-hrs of field work and analysis each. One sample of streambed soil will be analyzed by a qualified soils laboratory.The results will be provided to the Contractor and the Conservation Commission as required by the NACC Order of Conditions. 1.3 Issue all instructions from the Town to North Andover to the Contractor(s); issue necessary interpretations and clarifications of the Contract Documents,and in connection therewith, prepare change orders,as required; have authority, as Client's consultant,to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work there-under; and make decisions on all claims of Client and Contractor(s), relating to the acceptability of the work or in the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. Field memoranda will be issued by ENVIRONMENTAL PARTNERS'Representative or the Client's on-site representative. 1.4 Based on ENVIRONMENTAL PARTNERS'on site observations, as an experienced and qualified design professional, review of applications for payment and the accompanying data and schedules, and discussions with the Client's on-site representative, determine the amounts owing to Contractor(s),and recommend to the Client, in writing, payments to Contractor(s) in such amounts; such recommendations for payment will constitute a representation to Client, based on such observations and review,that the work has progressed to the point indicated that,to the best of ENVIRONMENTAL PARTNERS'knowledge, information and belief,the quality of such work is in accordance with the Contract Documents(subject to an evaluation of such work as a functioning project upon Substantial Completion,to the results of any subsequent tests called for in the Contract Documents,and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s), but by recommending any payment, ENVIRONMENTAL PARTNERS will not thereby be deemed to have represented that ENVIRONMENTAL PARTNERS has made an examination to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials or equipment has passed to Client free and clear of any lien, claims,security interest, or encumbrances. E'I- rO arUnc„ors coni Page 3 of 3 1.5 ENVIRONMENTAL PARTNERS shall not be responsible for the acts or omissions of any Contractor or subcontractor, or any of the Contractor(s)'or subcontractors'agents or employees,or the Client's on-site representative,or any other persons(except ENVIRONMENTAL PARTNERS'own employees and agents)at the site, or otherwise. Provide bi-weekly visits to the site by the Project Manager to conduct progress meetings with the Contractor and Client;to observe,as an experienced and qualified design professional,the progress and quality of the executed work of Contractor(s);and to determine,in general, if such work is proceeding in accordance with the Contract Documents. ENVIRONMENTAL PARTNERS shall not be responsible for the means, methods,techniques,sequences or procedures of construction selected by Contractor(s), or the safety precautions and programs incident to the work of Contractor(s), but ENVIRONMENTAL PARTNERS shall be responsible for notifying the Contractor and Client of any work that is cause for concern, with respect to consistency with the requirements of the contract plans and specifications. Task 2-Resident Engineering Services 2.1 Provide Resident Project Representative on an as-needed basis commensurate with project activities,for an estimate of 360 person-hours for the construction contract,to observe construction activities related to construction of the construction contract and to observe,as an experienced and qualified design professional,the progress and quality of the executed work of Contractor(s),and to determine, in general, if such work is proceeding in accordance with the Contract Documents.The anticipated estimate of personnel hours is based on one Representative working 9 hour shifts for 40 days. ENVIRONMENTAL PARTNERS shall not be responsible for the means, methods,techniques, sequences,or procedures of construction selected by the Contractor(s),or the safety precautions and programs incident to the work of the Contractor(s), but ENVIRONMENTAL PARTNERS shall be responsible for notifying the Contractor and Client of any work that is cause for concern with respect to consistency with the requirements of the contract plans and specifications. ENVIRONMENTAL PARTNERS'efforts will be directed toward providing a greater degree of confidence for Client that the completed work of the Contractor(s)will conform to the Contract Documents, but ENVIRONMENTAL PARTNERS shall not be responsible for the failure of the Contractor(s)to perform the work in accordance with the Contract Documents. On the basis of on-site observations, ENVIRONMENTAL PARTNERS shall keep Client informed of the progress of the work,shall guard Client against defects and deficiencies in such work,and shall recommend the Client disapprove or reject work failing to conform to the Contract Documents. 2.2 The Resident Project Representative's duties, responsibilities,and limitations of authority are outlined below. a. General: The Resident Project Representative is ENVIRONMENTAL PARTNERS'Agent,and shall act under the supervision of the ENVIRONMENTAL PARTNERS Project Manager. He shall confer with the ENVIRONMENTAL PARTNERS Project Manager regarding his Page 4 of 8 actions. His dealings in matters pertaining to on site work will be, in general,with the ENVIRONMENTAL PARTNERS Project Manager and the Contractor, keeping the Client advised as indicated below and as necessary. His dealings with subcontractors will only be through or with the full knowledge of Contractor or his on-site representative. He shall generally communicate with Client with the knowledge of the ENVIRONMENTAL PARTNERS Project Manager. b. Duties and Responsibilities: Resident Project Representative shall: 1. Schedules: Review the progress schedule, schedule of shop drawing submissions,and schedule of values prepared by Contractor,and consult with the ENVIRONMENTAL PARTNERS Project Manager concerning their acceptability. 2. Conferences: Attend progress meetings and otherjob conferences,as required, in consultation with the ENVIRONMENTAL PARTNERS Project Manager. 3. Liaison: L Serve as ENVIRONMENTAL PARTNERS'liaison with the Contractor and the Client,working principally through Contractor's designated on site representative,and assist them in understanding the intent of the Contract Documents. Assist the ENVIRONMENTAL PARTNERS Project Manager in serving as the Client's liaison with Contractor when the Contractor's operations affect Client's on site operations. ii. Assist in obtaining from the Client additional details of information required at the job site for proper execution of the work. 4. Shop Drawings and Samples: L Receive samples from the Contractor's on-site representative and notify the ENVIRONMENTAL PARTNERS Project Manager of their availability for examination. ii. Immediately advise the ENVIRONMENTAL PARTNERS Project Manager and the Contractor,or his on site representative,of the commencement of any work requiring a shop drawing or sample submission, if the submission has not been reviewed by ENVIRONMENTAL PARTNERS. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: L Conduct periodic on-site reviews of construction in progress,or as otherwise necessary,to determine,to the best of his knowledge,(1)if work is proceeding in general accordance with the Contract Documents;and(2)that completed work is in substantial conformance with the Contract Documents. During such visits,and on the basis of on site observations, ENVIRONMENTAL PARTNERS shall keep Client informed of the progress of the work,shall guard e,aarvp artncrs Corn Page 5 of 8 Client against defects and deficiencies in such work, and shall recommend the Client disapprove or reject work failing to conform to the Contract Documents. ii. Report to the ENVIRONMENTAL PARTNERS Project Manager,who, in turn,will notify the Client whenever any work is,to the best of his knowledge and belief, unsatisfactory,faulty or defective, or is not in substantial conformance with the Contract Documents, or has been damaged, or does not meet the requirements of any inspections,tests, or approvals required to be made; and advise the ENVIRONMENTAL PARTNERS Project Manager when he believes work should be corrected or rejected or should be uncovered for observation,or requires special testing or inspection or approval. Record and advise the Contractor of work failing to meet the Contract requirements. iii. Verify that tests,equipment,and systems start up and operating and maintenance instructions are conducted, as required by the Contract Documents,and in the presence of the required personnel, and that the Contractor maintains adequate records thereof; observe, record, and report to the ENVIRONMENTAL PARTNERS Project Manager appropriate details relative to the test procedures and start ups. iv. Obtain records of all on-site testing and site visits from the Contractor's on- site representative, and report these to the ENVIRONMENTAL PARTNERS Project Manager. v. Performance of the services outlined in Section 5, parts(i.)through(iv.) is to protect Client against defects and deficiencies in the work, and to verify compliance with the Contract Documents. Nothing in Section 5 relieves the Contractor of their independent obligations under their contract with Client. 6. Interpretation of Contract Documents: Transmit to the Contractor clarification and interpretation of the Contract Documents, as issued by the ENVIRONMENTAL PARTNERS Project Manager. 7. Modifications: Consider and evaluate the Contractor's suggestions for modifications in Drawings and Specifications, and report them,with recommendations,to the ENVIRONMENTAL PARTNERS Project Manager. 8. Records: i. Maintain at the job site orderly files for correspondence; reports ofjob conferences and sample submissions; and reproductions of original Contract Documents, including all addenda, change orders,field orders, additional drawings issued subsequent to the execution of the Contract, ENVIRONMENTAL PARTNERS'clarifications and interpretations of the Contract, ENVIRONMENTAL PARTNERS'clarifications and interpretations of a,uVpaaTir7eI's co Tl Page 6 of 6 the Contract Documents, progress reports,and other project related documents. H. Keep a diary or log book recording hours on the job site;weather conditions; data relative to questions of extras or deductions; list of principal visitors and representatives of fabricators, manufacturers,suppliers,and distributors; daily activities;decisions;and observations in general and specific observations in more detail,as in the case of observing test procedures. Send copies to the ENVIRONMENTAL PARTNERS Project Manager. Hi. Record names,addresses,and telephone numbers of all Contractors, subcontractors,and major suppliers of equipment and materials. 9. Reports: i. Furnish periodic reports,as required,of progress of the work and of the Contractor's compliance with the Order of Conditions, progress schedule, and schedule of shop drawing submissions. H. Prepare field memorandum, preliminary change orders and extra work orders, obtaining all back up material. Recommend to the ENVIRONMENTAL PARTNERS Project Manager Field Memorandum,Change Orders, Extra Work Orders,and Field Changes. 10. Payment Requisitions: Review applications for payment with the Contractor for compliance with the established procedure for their submission,and forward them,with recommendations,to the ENVIRONMENTAL PARTNERS Project Manager, noting particularly their relation to the schedule of values,work completed, and materials and equipment delivered at the site but not incorporated in the work. 11. Certificates, Maintenance and Operations Manuals: During the course of the work,verify that certificates, maintenance and operation manuals,as appropriate, and other data required to be assembled and furnished by Contract are applicable to the items actually installed,and deliver this material to the ENVIRONMENTAL PARTNERS Project Manager for his review and forwarding to Client prior to final acceptance of the work. 1 . Completion: Conduct a review to determine if the Project is substantially complete,and to determine if,to the best of ENVIRONMENTAL PARTNERS' knowledge,the work has been completed in substantial conformance with the Contract Documents and the intent of the design,and if Contractor has fulfilled all of his obligations there-under,so that ENVIRONMENTAL PARTNERS may recommend,in writing,final payment to Contractor(s),and may give written notice to Client and the Contractor(s)that the work is acceptable(subject to any conditions therein expressed), but any such recommendations and notice shall be subject to the limitations expressed in paragraph E above. E'l`v`rMa t fl C'1 S,lC}N) Page 7 of 8 i. Before ENVIRONMENTAL PARTNERS issues a Certificate of Substantial Completion,assist the ENVIRONMENTAL PARTNERS Project Manager in developing a list of observed items requiring correction or completion. ii. Conduct final review in the company of the ENVIRONMENTAL PARTNERS Project Manager,Client and Contractor,and assist in preparation of a final list of items to be corrected. iii. Verify,to the best of his knowledge,that all items on final list have been completed or corrected,and make recommendations to the ENVIRONMENTAL PARTNERS Project Manager concerning acceptance. 13. Limitations of Authority-Resident Project Representative: i. Shall not authorize any deviation from the Contract Documents, or approve any substitute materials or equipment,unless authorized by the ENVIRONMENTAL PARTNERS Project Manager. ii. Shall not undertake any of the responsibilities of Contractor, subcontractors, or Contractor's superintendent. iii. Shall not expedite work for the Contractor. iv. Shall not advise on or issue directions relative to any aspect of the means, methods,techniques,sequences,or procedures of construction,unless such is specifically called for in the Contract Documents. v. Shall not advise or issue directions as to safety precautions and programs in connection with the work. vi. Shall not authorize Client to occupy the project in whole or in part. vii. Shall not participate in specialized field or laboratory tests or inspections conducted by others,except as specifically authorized by ENVIRONMENTAL PARTNERS. viii. Shall not exceed limitations on ENVIRONMENTAL PARTNERS'authority as set forth in the Contract Documents. env pa toiers.ccm Pages of 8 Fee and Payment ENVIRONMENTAL PARTNERS proposes to perform the indicated Scope of Services for tasks described above on a time and expenses basis for an initial not-to-exceed fee as shown below. Invoices shall be submitted on a monthly basis,and payment shall be made within 30 days. Personnel labor rates shall be in accordance with the attached rate sheet. Task Cost Task 1:Construction Administration Services $31,500 Task 2: Resident Engineering Services $43,500 Total $75,000 We look forward to working with you and the Town of North Andover on this important and interesting project. The terms and conditions of our Contract No. 1189 will continue to govern for the duration of this contract. Please feel free to contact us with any questions or concerns. Sincerely, ENVIRONMENTAL PARTNERS GROUP, INC. RobertJ. Rafferty PE yan j. Paul, PE Principal Project Manager P:617.657.0277 P:617.657.0276 E: rjr@envpartners.com E: rjp@envpartners.com ens rtrpczirtners com ENVIRONMENTAL PARTNERS En ii,,p'onrnerit 1l Partner„..s GI-OUP, 111 m Effectivejuly1, 2020-June 30, 2021 , Principal $220 Senior Project Manager $210 Project Manager $205 Senior Project Engineer Senior Project Scientist $180 Hydrogeologist GIS Specialist Project Engineer Scientist $155 GIS Specialist Engineer $135 Hydrogeologist $125 Scientist $115 GIS Technician Field Engineer $105 Technician $100 Resident Project Representative $115 Clerical $85