HomeMy WebLinkAboutContract #: 1466 - From: 09-15-2021 To: 07-01-2022 - TEC, Inc. - Planning TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO: 14Av
Contractor Legal Name: To Department Name:
TEC, Inc. Town of North Andover
Contractor Address: Mailing Address:
146 Dascomb Road 120 Main Street
Andover,MA 01810 North Andover,MA 01845
Contractor Vendor ID: Rate(if applicable):
18954 Not to exceed $38,000.00
Contract start date: Contract End Date:
September 15,2021 July 1, 2022
Description of Scope(Attach support documentation)
See attached Scope of Work
Contract Signatures:
Approved as tothe availability of ALL REQUIRED DOCUMENTS AGREES TO PROVIDE THE—
appropriations ATTACHED GOODS OR SERVICES AS
INDICATED IN ACCORDANCE
In the amount of WITH THESE CONTRACT
DOCUMENTS AS DEFINED IN
TEN R1 AND OVER
STANDARD CONTRACT
GENERAL CONDITIONS
Fi gee Direct�q Department Head: Contractor:
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Date: Date: Date: 9
Town Manager: Town Counsel:
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SCOPE OF WORK
MassDOT Complete Streets Funding Program:
Project Prioritization Plan
TEC will compile, review and analyze
information from various Town Departments. Information that is anticipated to be
available, but not be limited to, will include:
® Capital Investment Plans
b. Master Plans & Studies
c. Network Gap Analysis (Ped & Bike)
d. Roadway Maintenance Plan
e. Pavement Management Plan
f. Private Development Projects
g. ADA Assessments
h. Bicycle and Pedestrian Assessments
1. Roadway Safety Audits,
The above information will be analyzed to include any complete streets ideas and needs
from previous work completed by the Town and identify opportunities to Include them in
the Project Prioritization Plan.
1 TEC will utilize available GIS information, Google/Bing
aerial imagery, and field visits to depict existing pedestrian and bicycle infrastructure
town-wide. Infrastructure will include inventories of: sidewalks (width / condition /
buffer), ADA-compliant ramps at intersections, bicycle lanes and trails. Once the
existing infrastructure is compiled, assessments will be performed to identify
opportunities for improvements.
Additionally, the following information will be included within the mapping to further
establish a criteria and ranking process for priority projects:
a. Qg9bgkm: mapping of schools, recreational areas, activity centers, elderly
housing, town facilities, to center, local business areas, and density of
residential areas
b. Cr A5b_Da a: ta from
A collect available pedestrian and bicycle crash da
MassDOT to identify the town's most dangerous intersections/roadways
c, �A Tran i ® map all MVRTA bus stops
Once the above information is mapped, it will be utilized to identify network gaps in the
existing infrastructure as they relate to bicycle and pedestrian demands. This mapping
information will be eauoundation for establishing the need, demands and identifying
opportunities for enhanced multi-modal projects.
3. h dal ° u Pr r I uwu° n of h Pr Pri at` n P T C will establish a
al for selection of priorityprojects i information
outlinedin Task c the Town's Complete rCommittee.
methodology will also be based on the following par include priority
destinatlons, safety and mobffity beneilt, prewous /
and feasibility. c is approvedTown, ill prepare a
Project i 1 in standardcel format to address the following
needs: Afuld-Alodal SRfety, ADA Accessibility, Pedestrian SafetyMobility, Bicycle
Safety and Mobility, i ' ns Prioritization I ill
include I (1 ) ear plan minimum.
4µ Priori r ' i e i utilize i i i to
identify prio ° roje locations u to sync up to the Project
Prioritization I
5. QDQggLuAl PI AM: T C will prepare u (3) conceptual plans or renderings
for the top priorityo o assist with meetings with the Ton and community
outreach.
Conceptual6. Construction_CoIL an I S hed lin TEC will prepare
conceptual construction cost estimatesduration u e to be included i i
the Projectiori iz io I or at least fifteen (15) projects.
7. rots C se TEC will help facilitate series of meetings to invite ici a ion
and input from various Town Departments, Boards & Committees, general public
and other stakeholders that would include but not be limitedtote following,
a® Kick off meetingi Ton to compile all existing data, identify the
To n's vision and goals, priority areas and prepare fora public informational
meeting
b® Public informational meeting #1 in the format o solicit one-
on-one ideas from the general public
cro Coordination meedng withthe Town to finalize the projectprioritization plan
d. Public informational i in the format of a workshopto review
project rior °nation plan
Meetings shall be considered //inc/usi if others are requiredthe Town
MMMO—f #V /ern°
lro r rr n z t o r°o an® 15 (rain) y ear plan (min)(MassDOTXcel format)
2. Supportiqg Graphics., i n 'i ns Map, Priority Projects
ConceptslRendelings
3. Constructlon Estimates and Schedules
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iubmit Technical Assistance Grant J_$,38,000 —5/-1/21 _X
Process&Award Technical Assistance Contract 9/1/21 9/30/21 X
is Off Meeting 10/1/21 X X
Compilation of Existing Info& Mapping 10/1/21 11/15/21 X
Public Info Meeting#1 11/15/21
DRAFT Prioritization Plan 11/15/21 1/15/22 X
Public In Meeting --1/15/272 - X X
FINAL Prioritization Plajn 1/15/22 2/,28/22 X
.............. tio s P OT
Submit Prioritization Plan to LMasii)OT 3/1/22
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TOWN OF NORTH ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS'
Article 1. Definition of Terms: The following terms in these Contract Documents shall be construed as follows:
1."Town"shall mean the Town of North Andover,Massachusetts
2. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General
Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including
Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and
including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's
Price Proposals,Perfon-nance Bonds,which documents are incorporated herein by reference. Any conflict between
the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be
resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals.
3. "Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is
awarded.
Article I.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks
described in the Contract Documents. The Contractor shall upon written request remove from Town premises or
work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly,
careless or incompetent or to be employed in violation of the to of this Contract, Performance under this
contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted
by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services perfortned
by and work product of the Contractor and accept or reject such goods,deliverable,services or work product.
Article 111.Time of Performance:.The Contractor shall commence work immediately upon execution of this
Agreement. If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as
determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more
speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town,
the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended
or renewed upon agreement of the parties and only upon execution of written agreement.
Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made
in the scope or character of the work to be perfortned,the Town will promptly notify Contractor.For any changes to
the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make
the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The
Contractor shall not be compensated for any services involved in preparing changes that are required for additional
work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined
by the Town.
Article V. Pavment for Services: The Town shall make payment to the Contractor as on the schedule and based
on the milestones and deliverables set forth in the Contract Documents or on a periodic basis.
Article Vt. OwnershW,and Confidentiality gjhjjjtEk!JWork Products: All information,data, reports,
studies,designs,drawings,specifications,materials,computer programs,documents,models, inventions,equipment,
and any other documentation,product of tangible materials to the extent authored or prepared pursuant to this
Contract(collectively,the"`Materials""), shall be the property of the'rown,, All Contractor proprietary,rights shall be
detailed in the Contract Documents. At the completion or tern.iination of this Contract copies of all original
Materials shall be promptly turned over to the Town, Once the Town has paid for a particular Material.ownership
vests in 'Town and the Contractor must provide such Materials to l`own within ten(10)business days orthe Town's
request for the same without cost to the Town., The Town may use the Materials with respect to construction,
maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time
to time, The Town may use the Materials produced,generated or compiled by the Contractor for another project,
provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without
the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project,
The Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims, losses arising out
of any use or changes to the Materials by the Town or its representatives during any other construction not a part of
this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract
These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt
good and services.
without prior written consent of the Town.
Article VII. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final
payment for final services under this Agreement shall be deemed to release oft e Town forever from all claims,
demands,and liabilities arising from,out of, or in any way connected with this Agreement, The Contractor shall
execute a release if asked to by the Town.
Article VIII. Indemnification: The Contractor shall indemnify,defend and hold harmless the Town and all of its
officers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands, losses and
liabilities brought against them or based upon or arising out of any act or omission of the Contractor,its agents,
officers,employees, or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall
be solely responsible forte conduct,health,and safety of its employees during the to of this contract and shall
of the Town harmless for any injuries,damages or losses incurred by its employees while working on this project,
The Contractor's agreement to indemnify the To shall not be deemed to be released,waived or modified in any
respect by reason of any surety or insurance provided by the Contractor under the Agreement,
Article IX Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations
hereunder and shall provide the To with certification of such,The Contractor shall at its own expense maintain
motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for
professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance
with a minimum limit of S1,000,000.00 per occurrence,S2,000,000.00 aggregate with a maximum deductible of
$25,000.00.
Article X.Assignment: " The Contractor shall not assign,transfer,delegate or subcontract any interest in this
Agreement without the prior written consent of the Town.
Article I. Relationship with the Town: All services to be performed under the terms of this contract will be
rendered by the Contractor as an indepeneat Contractor. one of the terms of this contract shall create a principle-
agent,master-servant or employer-employee relationship between the Town and the Contractor, The Contractor
shall have no capacity to bind the Town in any contract nor to incur liability on the part of the Town and if the
Contractor employs or proposes to employ any person during the term oft is contract,the employment or proposal
shall not obligate the Town in any manner to any such employee.
Article XII.Compliance with Laws and Contractors Responsibilities: The Contractor certifies that it and its
subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts
and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any
employee,or applicant for employment because of race,age,color,religious creed sexual orientation or
identification,handicap,ancestry, sex or national origin, The Contactor will in all solicitations or advertisement
form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal
consideration for employment without regard to race,age,color,religious creed,sexual orientation or identification,
handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor
Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to
comply with M.G.L.c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on
a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to
submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable.
If an employer,the Contractor certifies compliance with applicable state and federal employment laws and
regulations,including but not limited to minimum wages and prevailing wages programs and payments,
unemployment insurance and contributions,workers compensation and insurance,child labor laws,human
trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws,
The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract
Documents and to ensure their compliance with all applicable legal,quality and perforinance requirements of the
Contract Documents, The Contractor may not use subcontractors not named in the Contract Documents without the
prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for
labor and/or services and materials contracted by it,if any,and for the rental of any office space,equipment or
machinery hired by it,if any,for and on account for the services to be performed hereunder, The Contractor shall
not take any action that causes any public official to be in violation of the to Ethics Law,M.G.L.c.268A. The
Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U. S.government,
the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal
or state criminal or civil judgement,administrative citation,order for violation of M.G.L.c. 149,s. 151 or the Fair
Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not
declared bankruptcy.
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Article X111. Seven bility: In the event any provision of this Agreement is found by a court of appropriate
jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and
effect,
Article XIV. Termination of Agreement: The Town may terminate this Agreement upon immediate written
notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no
fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such
breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by
which Contractor shall cure the failure° if the Contractor fails to cure within the time as may be required by the
notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without
cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the
event of termination,the Contractor shall be compensated for work product and services performed prior to the date
of termination. In no event shall the Contractor be entitled payment for any services performed after the effective
date of termination,and under no circumstances shall the total price exceed the contract price.
Article V. Governing Low and Jurisdiction: This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court
in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof.
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CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural ers® , business, partnership, corporation,
committee, ® , club or other organization, entity, or group of individuals.
Signature. Date— qtq�002'
Print Name & Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
_Lnat',4,r, A ry authorized signato for
Name qjlndividual Name oftontractor
do hereby certify under the pains and penalties of pedury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the To of North Andover, relating to
taxes,permit or other fees, reporting of employees and contractors,and withholding and remitting
child support.
Signature to
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CERTIFICATE OF VOTE
At a duly authorized ineeting the Board of Directors oft
held on IaO (9 it was
VOTED, THAT
MIL v�YN A, 0 C'4)e
t"f1ficer)
of be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said -I`k r and affix its corporate seal hereto; and
such execution of any contract or obligation in tename of on its
behalf by such officer under seal of.............. ald and bg up shall be v, i in in on
I hereby certify that I am the clerk of the above named c, -z:; -and
that A0 A0%4WIS 64A) is the duly elected officer as above of said
. ..... and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
�70 Z' ............
(Date) (Clerk)
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