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HomeMy WebLinkAboutContract #: 1488 - From: 02-10-2022 To: 06-30-2022 - Barrett Planning Group, LLC - Community Development TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: I (, Contractor Legal Name: Town Department Name: Barrett Planning Group, LLC Town of North Andover Contractor Address: Mailing Address: 350 Lincoln Street, Suite 2503 120 Main Street Hingham,MA 02043 North Andover,MA 01845 Contractor Vendor ID: Rate(if applicable): 24140 Not to exceed $25,000.00 Contract start date: Contract End Date: February 10,2022 June 30,2022 Description of Scope(Attach support documentation) As per the attached proposal dated February 1,2022. Contract Signatures: Approved as to the 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 $_25,000 THE NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS Fin.ance Direc r: Department Head: Contractor: ,A. FaAA4&7 S gnat re Signature Sfgnature Title: Owner and Managing Member Date: a `1 Date: 2 $ (Zu 22 Date: February 8,2022 Town Manager: Town Counsel: Signatu ignature Date: Date: TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS1 Article I. 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, Performance 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 II.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 terms 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 performed by and work product of the Contractor and accept or reject such goods,deliverable, services or work product. Article III.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 performed,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. Payment 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 VI. Ownership and Confidentiality of Material,Work 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 Town. All Contractor proprietary rights shall be detailed in the Contract Documents. At the completion or termination 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 Town within ten(10)business days of the 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 1 These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L. c. 30B or for exempt good and services. 1 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 of the 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 for the conduct,health, and safety of its employees during the term of this contract and shall hold 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 Town 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 Town 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$1,000,000.00 per occurrence,$2,000,000.00 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 XI. Relationshil2with the Town: All services to be performed under the terms of this contract will be rendered by the Contractor as an independent Contractor. None 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 of this 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 Town,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 performance 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 State Ethics Law,M.G.L. c.26$A. 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. 2 Article X1I1. Severability: 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 XV. Governing Law 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. 3 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 person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. tax Signature Date Feb. 8, 2022 Judith A. Barrett Barrett Planning Group LLC Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Judith A. Barrett, authorized signatory for Barrett Planning Group LLC Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes,permit or other fees, reporting of employees and contractors, and withholding and remitting child support. February 8, 2022 Signature Date 4 CERTIFICATE OF VOTE NOT APPLICABLE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon I hereby certify that I am the clerk of the above named and that 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. (Date) (Clerk) 5 m BARRE"/1;.,,, " PLANNING GROUP LLC February 1,2022 Andrew Shapiro,AICP Director of Community&Economic Development Town of North Andover 120 Main Street North Andover,MA 01845 Reference: Housing Consultant Services Dear Andrew, Barrett Planning Group LLC is delighted to submit this proposal to assist the Town of North Andover with a comprehensive community housing needs assessment and a strategic plan to address those needs over the next five years. We will also review the new "Housing Choice" zoning requirements and steps the Town will need to take to comply. Please note that DHCD's Draft MBTA Communities Guidelines may not be in final form until June 2022. Below is our proposed scope of services: Part 1. Comprehensive Community Housing Needs Assessment Task 1. Demographic Trends 1. Gather current population and household data for the Town and communities in the immediate region that provide a significant share of North Andover's employment base.Analyze population and household trends,including household formation rates by household types and householder ages, and geographic mobility. Examine trends in household composition (e.g., presence of children or single-person households). Sources will include but not be limited to the following sources: Social Explorer/American Community Survey (ACS) and Decennial Census, ESRI Business Analyst Segmentation Profiles, Claritas, Department of Elementary and Secondary Education (DESE), Merrimack Valley Planning Commission (MVPC), and other sources such as regional housing plans and studies and the Housing Production Plans of adjacent communities. (Note: the Census Bureau's 2016-2020 ACS Estimates are scheduled for release in March.) 2. Gather employment base and labor force trends for North Andover, and track occupation, earnings, and journey-to-work characteristics for the Town's labor force. Analyze the commute origins of people working in North Andover. 3. Request and review municipal and school employee compensation data to estimate affordability for people employed by the Town. 4. Estimate the number of local households in the following income tiers: 80%, 60%, 50%, 100%, 125%,and 140%,by household type. 781-934-0073 1 350 Lincoln Street,Ste 2503,Hingham MA 02043 1 www.barrettplanningllc.com Town of North Andover Housing Consultant Services February 1,2022 5. Interview local/area housing and human service provides about housing needs of special population groups,e.g.,permanent supportive housing for homeless individuals and families and at-risk populations,people with disabilities,and others. Task 2. Market Trends 6. Gather housing market data and trends from Costar, Reonomy, and local realtors (MLS data). Identify and analyze production,vacancies,sales prices and rents,and absorption trends. 7. Obtain from the Massachusetts Department of Housing and Community Development (DHCD) the detail sheet for the Subsidized Housing Inventory (SHI). Confirm any recent expiring use restrictions that were not renewed and those that have been removed. 8. Consult with North Andover Planning Department to confirm housing developments permitted but not yet built and developments in the pipeline that include affordable units priced for sale or rent to households with incomes at or below the 80%, 6017o- and 50%-income tiers established by the U.S. Department of Housing and Urban Development (HUD). The purpose of this task is to establish a more complete picture of the near-term affordable housing supply than what can be gleaned from the SHI. 9. Working with the same sources, as well as local realtor and developer interviews, determine trends in the production of"attainable" (100%, 12017o, 140%)housing sales and rents. Determine how these units were permitted, whether they are subject to affordable housing restrictions, and what the absorption rates have been. 10. Using assessor's databases from MassGIS,estimate the number of unrestricted attainable units in North Andover, i.e., units with lower-than-market values. Consult both with assessors and area realtors and homebuilders to understand what the disposition of those units as been through resales (such as demolition/rebuild). The point is to understand risks to the continuation of this inventory of what is often referred to as"naturally occurring" affordable housing. Task 3.Community Engagement 11. Prepare and administer a community housing needs survey(online);analyze and report results. 12. Design and facilitate a community meeting on the draft project report. Task 3. Report 13. Prepare draft report with our methodology, findings, demographic and market analytics in tabular,chart,and map formats,and estimate of projected demand for affordable homeownership and rental units. 14. Present draft report to Planning Department and Town Manager, and other local officials if requested by the Town. 15. Submit final report,addressing comments on the draft. 781-934-0073 1 350 Lincoln Street,Ste 2503,Hingham MA 02043 1 www.barrettplanningllc.com 2 Town of North Andover Housing Consultant Services February 1,2022 Part II. MBTA Communities Guidance At the Town's request, we will provide advisory, technical support, and compliance recommendations for North Andover under the "Housing Choice' bill, including but not limited to the MBTA Communities requirements. As principal-in-charge,I will lead the firm's work. Elizabeth Haney will serve as project analyst and assist with coordinating the Comprehensive Community Housing Needs Assessment. She is performing a similar type of study in Wellesley and managing two related housing plans for us. As you may know,our firm employs four full-time planners,a full-time project manager and community engagement team leader, a full-time associate planner, a GIS/visualization coordinator, and support personnel. We have capacity to take on this engagement and bring additional staff resources to the assignment as needed. For project oversight and contract administration, I will be North Andover's principal contact. I will also provide the consulting services for the MBTA Communities component of this engagement. Fee for Services We will complete the services described above as follows: Comprehensive Community Housing Needs Assessment,Lump Sum Fee:$23,000 Task 1: $9,000 Task 2: $7,500 Task 3: $2,500 Task 4: $4,000 MBTA Communities Guidance Not-to-exceed fee of$3,500,billed hourly at$175/hour Our resumes are attached to this proposal. We are available to begin working on the project within two weeks of executing a contract with you and we will provide the necessary attention to complete it on time. If you need additional information, please contact me at (781)934-0073, x7 or by email at judi@barrettplanningllc.com. As the sole owner of my firm, I have the legal authority to enter into a contract with the Town of North Andover.We are very interested in this project and on behalf of my colleagues at Barrett Planning Group,I hope you find our proposal acceptable. Sincerely, BARRETT PLANNING GROUP LLC t12, Judith A. (Judi)Barrett Owner and Managing Director 781-934-0073 1 350 Lincoln Street,Ste 2503,Hingham MA 02043 1 www.barrettplanningllc.com 3 2/9/22,8:24 AM Town of North Andover Mail-Proposal for Housing Consultant Services , , OVE Andrew Shapiro<ashapiro@northandoverma.gov> Proposal for Housing Consultant Services Judi Barrett <judi@barrettplanningllc.com> Wed, Feb 2, 2022 at 6:33 PM To:Andrew Shapiro<ashapiro@northandoverma.gov> Cc: Melissa Rodrigues<mrodrigues@northandoverma.gov>, Jean Enright<jenright@northandoverma.gov> Hi there, The MBTA Communities guidelines are going to change a lot. I wouldn't even touch that topic yet. We can revisit it if you want later, once we know where DHCD is going to land. I know they're doing some"test case"studies of a couple of towns to figure out if what the draft guidelines say is even feasible. Best advice I can offer:don't worry about it yet. We have done so much research over the years on inclusionary zoning -happy to field his questions and there will not be a significant impact on the project budget($C2„000). There is a good article about this very issue in the most recent edition of JAPA, based on a study in England. [(Quoted text hidden] Andrew Shapiro,AICP [Quoted text hidden] °filmage removed by sender. All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts III' a,Vbhc I ecoii'ds I-aw. Visit us online at www.inoilhandoverma.gov. noilhandoverman.gov. image001.jpg 179K BARREIII 1111", PL NNiNG GROUP LLC https:Hmail.google.com/mail/u/0/?ik=bcd a5al view=pt search=all&permmsgid=msg-f%3A1723696240056535704&simpl=msg-f%3A17236962400... 1/1