HomeMy WebLinkAboutContract #: 1490 - From: 02-14-2022 To: 06-30-2022 - Vanasse & Associates, Inc. - Community Development ` w".A `
TOWN OF NORTH ANDOVER
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
CONTRACT#
DATE: FEBUARY 14, 022
This Contract is entered into on, or as of,this date by and between the Town of North
Andover(the"Town"), and
Contractor: Vanasse& Associates, Inc.
Address: 35 New England Business Center Drive, Suite 140
Andover, MA 01810
Telephone Number: 978-474-8800
Email: jdirk&dva.com
1. This is a Contract for the procurement of the following:
Traffic Engineering and Transportation Planning Services in support of the
preparation of a Town-Wide Transportation Impact Assessment.
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
Per the attached Agreement for Professional Services between Vanasse&Associates,
Inc. and Town of North Andover, Part 1, dated January 31,2022 (the Agreement).
3. Payment will be made as follows:
Upon completion of services detailed in the Compensation section of the Agreement
and receipt of invoices (net 30 days).
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.
(Rev 2010)Contract by and between the Town of North Andover and Page 1
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 patty 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 June 30, 2022, 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:
(Rev 2010)Conti-act by and between the Town of North Andover and Page 2
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:
I 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 Conti-actor'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.
(Rev 2010)Contract by and between the Town of North Andover and Page 3
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. StatutorV Cons 11Hance:
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, See. 39, et seq: -Public Works Contracts.
General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts.
General Laws Chapter 7, Sections 38A V2-0: Designer Selection
b. Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract, this Section shall be understood to import such term or
provision into this Contract, To whatever extent any provision of this Contract
shall be inconsistent with any law or regulation limiting the power or liability of
cities and Towns, such law or regulation shall control.
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 ftiture 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
(Rev 2010)Contract by and between the Town ofNorth Andover and Page 4
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 forth Aith 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 Coinmonwealth or Subdivision).
11 Discrimination
The Contractor will carry out the obligations of this Contract in Rill 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. Assi&nnient:
Assignment of this Contract is prohibited, unless and only to the extent that assigninent is
provided for expressly in the Contract documents.
15. Condition of Enforceability-Against 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.
(Rev 2010)Contract by and between the Town of North Andover and Page 5
16. Coroorate 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
To 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 ftill 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. Indelimification:
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 pail by any party indemnified hereunder. The
existence of insurance shall in no way limit the scope ofthe 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
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.
(Rey 20 10)Contract by and between the Town of North Andover and Page 6
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 of 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 Recordkee in
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 Conti-actor 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. Pa ment
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.
24. Foi:tim 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
(Rev 2010)Contract by and between the Town of North Andover and Page 7
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. BindinR on Successors:
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or
successors in interest(and where not corporate, the heirs and estate of the Contractor).
27. Contract Amendments:
Any change in the scope of services or contract price shall be made only by a written
contract amendment executed by the To and the Contractor.
28. Minimum Wage:
The Contractor will carry out the obligations of this Contract in Rill compliance with all of
the requirements imposed by or pursuant to General Laws Chapter 151, fl, 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 indenuiify the Town for 911 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 4 the General Laws of Massachusetts.
(Rev 2010)Contract by and between the Town of North Andover and Page 8
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 $lM each person/each occurrence or a combined single limit of $1
Million.
d. Professional liability insurance covering errors,omissions and acts of the Contractor or of any
person or business entity for whose performance the Contractor is legally liable arising out of
tlie performance of the contract. The total amount of such insurance shall at 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 fi-oni 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 ofthe 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.
IN WITNESS W14EREOF the parties have hereto and to two other identical instruments set
forth their hands the day and year first above written.
THE T WN THE CONTRACTOR
Vanasse & Associates, Inc.
...........
i il/D par entIlead Company Name
aw ana�. 02-14-22
P�'�� Town Manager Date Date
Oro& 7
Jeffrey S. Dirk, P.E., PTOE, Managing Partn(
Piint Name&Tide
(Rev 20 10)Contract by and betwcen the Town of North Andover and Page 9
APPROVED AS TO FORM:
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Town ttountant, Date
(Rev 20 10)Contract by and behyeen the Town of North Andover and Page 10
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The-undersigned certifies under penalties of perjury that this 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.
Signature a, Date— 2-14-22
Jeffrey S. Dirk, P.E., PT , ManpgingRartner —Vanasse & Associates, Inc.
Print Name&Title Comp Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b),I
Jeffrty_§, Dirk authorized signatory for Vanasse & Associates, Inc.
Naine of indh4dual Maine ofcontractor
do hereby certify tinder 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.
2-14-22
.................
Sig l�46 J Y Date
(Rev 2010)Contract by and between the Town of North Andover and Page 1 I
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the................. ...............
held on it was
VOTED,THAT
.............. ........................I....................................................... .................. ........... ............................................ .........................................................
(Name) (Officer)
of be and hereby is authorized to execute contracts and bonds in the
naive 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
.......................... .......................
Here ceitify that I any 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.
............................................... ...........................................1....................... ..................._111............
(Date) (Clerk)
(Rev 2010)Contract by and between the Town of North Andover and Page 12
BOARD OF DIRECTORS RESOLUTION
VANASSE & ASSOCIATES,INC.
SIGNATORY AUTHORITY
JANUARY 24,2022
At a duly constituted meeting of the Board of Directors of Vanasse & Associates, Inc.
(the"Corporation"), a Corporation organized under the laws of the to of Massachusetts, held on
January 24,2022,at which meeting a quorum was present and voting throughout:
WHEREAS, the Corporation is engaged in the business of providing Professional Engineering
Consulting Services(the"Services");and
WHEREAS, the performance of these Services requires the Corporation to enter into agreements,
instruments and other documents(the"Agreements")in the name and on behalf of the Corporation;
THEREFORE, IT IS RESOLVED, that the following named persons are authorized to enter into
Agreements in conjunction with the Services in the name and on behalf of the Corporation:
Name Office or Title
Jeffrey S. Dirk President and Secretary
Stephen M. Boudreau Vice President and Treasurer
Dusty R. Beeley Director-Principal/CFO
Scott W. Thornton Principal
IN WITNESS WHEREOF, the undersigned Directors of Vanasse& Associates, Inc. have executed this
action by the Written Consent of the Board of Directors as of the 24th day of January,2022.
BY-
Je r Dirk
Its: President and Secretary
S p e Boudreau
�e Ar4Dir
BY S p e Boudreau
Its® Vice President and Treasurer
BY: zl"-"
DusatyR. BWeeley
Its: Director
Vanasse & 35 New England Business Center Drive
Associates inc Suite 140
Transportation Engineers & Planners Andover,MA 01810
of 8801
January 31,2022
Ms.Jean Enright
Planning Director
Town of North over
120 Main Street
North over,MA 01845
Re: Town-Wide Transportation Impact Assessment
North over,Massachusetts
Dear Jean:
Vanasse&Associates,Inc.(VAI)is pleased to submit this proposal for providing Traffic Engineering and
Transportation Planning Services in support of the preparation of a Town-Wide Transportation Impact
Assessment for the Town of North over, Massachusetts. Our work effort has been designed to meet
the requirements of the Town and will be completed in accordance with the Massachusetts Department of
Transportation(M ass DOT) 7)-ansportationfinpact Assessment(TIA) Guidelines.
The enclosed Scope of Services describes the elements for the initial phases of work, the results of which
will be summarized in a report submitted to you for review. The total fee to complete the work effort as
described herein is $16,000, excluding data collection (estimated to be $15,000) and direct expenses
(estimated to be $1,000). We have included a budget of$3,000 for the attendance of three(3) meetings
associated with assessment. Meeting costs will be billed on a time and materials basis in accordance with
the attached billing rates.
We are prepared to initiate or and complete the enclosed effort after receipt of the signed agreement.
Written authorization must be received before work can begin. If you are in agreement with the attached
Scope of Services and Terms and Conditions of the Agreement, please countersign and return it to our
office.
...........
e4m
www.rdva.com (978)474-8800 0(978) 688-6508
Ms.Jean Enright
January 31,2022
Page 2
We look forward to assisting you with this project. If you should have any questions regarding this
agreement,please feet free to contact me.
Sincerely,
VANASSE&ASSOCIATES,INC.
P4�l�
Pffre*vyDir ,7PE.,PTO ,FITE
Managing Partner
Enclosure
cc: DRB
GA8801 Nmth An&vcr,hfA%Conamcu%Town-W1&TRA Pmpsd 01.31.21doex
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
VANASSE&ASSOCIATES,INC.
AND
TOWN OF NORTH ANDOVER
JANUARY 31,2022
This Agreement is composed of Part I and Part 11. Part I includes details of the services to be performed,
client-furnished information, timing of the services, and compensation. Part 11 (attached) contains the
Terms and Conditions of Agreement, which are the general terms of the engagement between
Town of North over,hereinafter called the CLIENT,and Vanasse&Associates,Inc.
PART I
PROJECT DESCRIPTION
VAI will provide Traffic Engineering and Transportation Planning Services in support of the preparation
of a Town-Wide Transportation Impact Assessment for the Town of North Andover, Massachusetts. The
study area will be limited to the roadways in the vicinity of the project site as defined herein.
SCOPE OF SERVICES
1.0 Initial Investigations
VAI will provide the following Initial Investigations services in support of the project:
• Consult with the Planning Director to obtain previous studies of the area, including studies by
other consultants,the state,regional planning agencies,and the local community.
• Consult with the Town to review the scope of or ; collect relevant background materials for
use in completing the transportation assessment; establish Project milestones and associated
deliverables;and obtain contact information for municipal departments.
• Review the study area(description follows)to update available information and observe factors
that could affect vehicle,pedestrian and bicycle circulation;public transportation services; and
features that may influence the selection of suggested improvements.
• Consult with local and state officials to review current and planned future roadway,pedestrian,
bicycle and public transportation improvements in the area that may impact traffic patterns and
transportation alternatives available within the study area.
GM801 North Andovw,h1A%Conuacu%To%Yn-Wido7`]A PrWul 01-31.22,d= 1 vi
2.0 Town-Wide Transportation Impact Assessment(TIA)
The scope of the Transportation Impact Assessment(TIA)shall consist of the following tasks:
• The primary study area will encompass the following roadways within the Town that are
functionally classified as collector or arterial roadways and serve as the major arteries for the
conveyance of trips within and through the Town:
1. Turnpike Street(Route 114)
2. over By-Pass(Route 125)
3. Chickering Road(Route 125/Route 133)
4. Waverly Road
5. Haverhill Street
6. over Street
7. Elm Street
8. Boston Street
9. Massachusetts Avenue
10. Main Street
11. Salem Street
12. Great Pond Road
13. Great Pond Road(Route 133)
14. Dale Street
15. Boxford Street
16. Johnson Street
• Gather physical and operating information for area roadways which will include:
— Traffic volumes
— Roadway geometries
— Traffic operating parameters
— Speed limits
— Sight distance measurements
— Pedestrian and bicycle facilities
— Public transportation services
• Obtain average weekday and Saturday traffic volume data and vehicle travel speeds for the study
area roadways from available sources. This data will be supplernented where necessary.
• Obtain manual turning-movement and vehicle classification counts fora two-hour weekday
morning period(7:00 to 9:00 AM),a two,hour weekday evening period(4:00 to 6:00 PM)and a
three-hour Saturday midday period(11:00 AM to 2:00 PM)at the following intersections:
I. Osgood Street at Great Pond Road
2. Osgood Street at Sutton Street
3. Sutton Street at Main Street
4. Main Street at Waverly Road
5, Massachusetts Avenue at Waverly Road
6. Chickering Road at Main Street
7. Chickering Road at Massachusetts Avenue
8. Massachusetts Avenue at Andover Street,Great Pond Road and Johnson Street
QW801 Nodh Andover.MAXContractATown-Wido TIA Propml 01 31.21dom 2 MI
9. Salem Street at Appleton Street
10. Salem Street at Boxford Street
11. Salem Street at Johnson Street
12. John Street at Mill Road and Farnuni Street
13. Turnpike Street at Waverly Street
14. Turnpike Street at Peters Street
15. Turnpike Street at Andover Street
16. Andover Street and Chickering Street at Peters Street
17. Turnpike Street at Walsh Way and of Crest Drive(future)
18. Turnpike Street at over By-Pass
19. Turnpike Street at Hillside Drive(future)
20. Turnpike Street at Stop&Shop Plaza
21. Turnpike Street at Willow Street and Mill Road
22. Turnpike Street at Johnson Street
23. Turnpike Street at Boston Street
• Existing traffic volumes will be seasonally adjusted to average-month conditions, if necessary,
in accordance with MassDOT requirements,and will be further adjusted following MassDOT's
guidance for the use of traffic counts conducted during the COVID-19 pandemic and the
Governor's has "Reopening Massachusetts"strategy.
• Perform vehicle travel time runs along each of the study area roadways during both peak and off-
peak traffic volume periods. A minimum of four(4) trial runs will be performed per direction
under prevailing traffic volume and travel speed conditions. The time of travel will be recorded
to/ the Town line to each roadway and will include delay/stopped time incurred to
the travel route by location. The four(4)travel time runs will be averaged to arrive at the average
travel time by direction.
• Review the MassDOT high crash location database for the To in order to identify high crash
locations and locations where Road Safety Audits(RSA's)have been completed.
• Estimate ftiture traffic volumes from historic traffic counts and from information on recently
approved or proposed projects. Increases in background traffic growth will be established and
applied to the existing uiffic-flow networks to develop the base future analysis networks (the
"future baseline traffic volumes"). The future conditions horizon year sliall be established as a
I 0-year projection from the existing conditions base year.
• Consult with the Planning Director to identify planned future development projects that are
expected to be advanced within the Town that may result in an increase in traffic that would
exceed the general background traffic growth rate for the Town that is included in the regional
traffic model that is maintained by the Merrimack Valley Planning Commission (MVPC).
Traffic volumes associated with the identified development projects will be obtained fi-om the
transportation assessment prepared for the project or will be estimated using trip-generation data
available from the Institute of Transportation Engineers (ITE)l or other appropriate source for
each analysis period (weekday morning, weekday evening and Saturday midday peak hours).
The base trip calculations will be disseminated to the modes of transportation available to the
project site, as appropriate, using data from the U.S.Census or other source. Traffic volumes
17Hp Generation, I I"Edition;Institute of Transportation Engineers;Washington,DQ 2021.
GA8901 Noah An"vr,hiAWbntmc1ATavm-wide T1A Pmpou10J.31M.d= 3 1&0
COMPENSATION
VAI will perform the Scope of Services as outlined in this Agreement for up to$35,000 as follows:
11't'sc Element I-Task's Fee Schedule Payment Method
1.0 Initial Investigations $ 500 1 Week Lurnp Sum
2.0 1)wisportation Impact Assessment(11A) 15,500 6-8 Weeks Lump Sum
3® Project and Public Meetings(3 meetings) 3,000 As Required T&M
LABOR TOTAL Phases 1.0,2.0 and 3.0 $ 19,000
Data Collection--Traffic Counts and Field Measurements" $ 15,000
Direct INpenses(Estimated) I.A.0-0
TMAL $ 35jOOO
'I'&M=Time and materials,
"Services performed by a data collection subconsultant will be billed at cost.
A separate budget has been established for meetings to facilitate the tracking of meeting costs internally,
Meetings costs will be billed on a time and materials basis in accordance with the attached billing rates.
Our attendance at meetings is at CLM-Wr's direction and discretion.
In addition to the above labor compensation, VAI shall berchribursed for expenditures made specifically
for the project, such as printing and reprographics, travel and subsistence, data collection, telephone
charges, shipping, postage, and courier service charges, purchase of maps and similar docinnents, etc.
These direct expenses will be billed at cost, An estimate of anticipated direct expenses for the project is
included in the above table for budgeting purposes.
SERVICES NOT INCLUDED
The following services may be required at a future date but are not included in this Agreement at this time:
• Preparation of any detailed engineering design.or permit applications.
• Analysis of additional intersections and/or scenarios not specified as a part of the scope of work
contained herein.
When services are required in these areas,or areas not previously described,we will prepare a proposal or
amendment, at the CLIENT's request, that contains the Scope of Services, fee, and schedule required to
complete the additional items.
GM801 Nosib Amdavv6 MAV%m*aaATbvnt-WWr1A Pr rook OL31.22.dom 6 vi
CLIENT CONFIRMATION AND AUTHORIZATION
CLIENT agrees with and accepts this proposal for professional services. CLIENT also agrees with the
Terms and Conditions of Agreement,which is attached,and acknowledges this as being received. Together
these constitute the entire agreement between Vanasse&Associates,Inc.and CLIENT.
CLIENT certifies that funds or financing are available to meet their financial commitments and maintain
the payment schedule under the terms and conditions of this Agreement.
Agreed and Accepted for:
TOWN OF NORTH ANDOVER Total Upset Limit: $3 5,000
Phase Fee
By:.....................................a—_.............. .........................
Authorized Agent 1.0 $ Soo
2.0 15,500
3.0 --3.000
LABOR TOTAL $ 19,000
Date:—.-- Data Collection $ 15,000
Direct Expenses(Estimated) $ 1,00
TOTAL $35,000
VANASSE&ASSOCIATES,INC.AUTHORIZATION
By:
ff Di P—.E.,PTOE,FITE
Title: Manno,1111Y Partner
Date: Jannary 31- 2022
G.18801 North Aa&yer,MMCaatrads%Ta%wMidonA Pmpml 0I.31.22,doex 7
VANASSE&ASSOCIATES,INC.
STANDARD HOURLY BILLING RATES
EMPLOYEE TITLE HOURLY RATES
Jeffi-ey S.Dirk,P.E.,PTOE,FITE Managing Partner $235.00/$275.0011
Stephen M.Boudreau,P.E. Partner $235.00
Scott W. Thornton,P.R. Principal $180.00
Shaun P.Kelly Associate $165.00
Drew J.Talcoff,P.E. Senior Project Manager $165.00
Daniel A.De Roche,Jr.,P.E. Senior Highway Engineer $140.00
Bernard Guen Senior Transportation Engineer $135.00
Jamie T. Gregory Associate-Graphics Manager $110.00
Theodore W. O'Hagan,E.I.T. Senior Highway Engineer $110.00
Derek I.Roach,P.E. Senior Transportation Engineer $110.00
Andrew J.Arsenault Transportation Engineer $110.00
Mitchell P.Page,E.I.T. Highway Engineer $105.00
Jennifer S.Conners Transportation Engineer $105.00
Ian J. Sherriff Highway Engineer $95.00
Daniel LaCivita Transportation Engineer $90.00
Andrea T. Gaudet Technical Assistant $90.00
Scott R. Frontain Field Operations Manager $70.00
.......................
'Expert witness testimony
G.18801 Nonh"ner,M%CwmcU%To%vn-Vndo T1APxqpaza10J.31.12.docx 5
VANAS-2
ACORO- CERTIFICATE OF LIABILITY INSURANCE DA071`15/2021TE Y)
07/15/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements.
PRODUCER 781-245-5400 CONrCT Ernest J.Swymer
Poole Professional B&B of MA -- --_--
PHONE 781-245-5400 FAX 781-245-5463
107 Audubon Rd,#2,Ste 305 (AIC, I
No,Ext): (Arc,No>:
Wakefield,MA 01880 EMAIL
Cameron W.Poole _.....—
^.___ INSURER(S)-AFFORDING COVERAGE �._ NAIL#
....... . _— .INSURER A:Phoenix Insurance Coup r__,__..— — 25623
%1 sUREDnasse 8�Associates,Inc. INSURER BVCharter Oak Fire Insurance Co. 25615
a -- ..— ..---_-----_—_
35 New England Business Center INSURER C:Travelers Indemnity Co- 25658
--�—_— . ___—_ V_
ud INSURER D_Continental Casualty Company 20443
Andover,MA 01810 XL Specialty Insurance Company Y 37885
INSURER Ems_.—._p �
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
—�—. _— - _ _—... _ _...__.._._____.—____._...—._.—.......___�_.._. ......
IL TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
—� CLAIMS-MADE ®OCCUR X —.. —..—.—._...___ 1,000,000
DAMAGE TO RENTED —
6808G$14775 08/01/2021 08/01/2022 PR �� Q�rrgn�)__.1— _
X Business Owners 10,000
_ _...._. ...... ......_•.....
PERSONAL&ADV INJURY $ _— 21000,000
,_J—_
GEN°L A RE GATE LIMIT AP`ILLIElSI PER: GENERAL AGGREGATE $ 4,000,000
POLICY JECTI LOc PRapucTs-COMProP AEG $ 41000,000
OTHER:
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
ANY AUTO BA7P681213 08/01/2021 08/01/2022 BODILYINJURYULED OWNED SCHE Per arson) $ _, ,...._ _
__....._ ® -
AUTOS ONLY AUTOS BODILY INJURY,(Per accident) $
X ZTEOS ONLY X AN 6S ON° Fe�acide�nt AMAGE
C X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000
- .. ------_. -,_._..... __—.
EXCESS LIAB CLAIMS-MADE CUP7464Y159 0810 12021 08/01/2022 AGGREGATE 5,000,000
__ ....
DED X RETENTION$ 10,000
D WORKERS COMPENSATION X PER EATl1?t;. __ ETH
AND PROPRIETOR/PA ILITYTNER/ YrN 6021495868 05/01/2021 05/01/2022 - 1,000,000
ANY PROPRIEBERlPARLUDEDXECUTIVE E.L.EACH ACCIDENT.___
pM�nda ER/MEMBER M�Ho EXCLUDED? N r A — _._.. 1,000,000
E.L.DISEASE-EA EMPLOYEE $
If yes,describe under 1,000,000
DESCRIPTION
owON OF OPERATIONS bel E.L.DISEASE-POLICY LIMIT
E Arch/Eng E&O DPR9980641 07/14/2021 07/14/2022 Per Claim 2,000,000
incl PollutionLiab Aggregate 2,000,000
DESCRIPTION OF OPERATIONS r LOCATIONS r VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
Town of North Andover is included as additional insured per written contract
under the general liability policy subject to same terms and conditions.
Royal Crest Redevelopment Peer Review Services
CERTIFICATE HOLDER CANCELLATION
NOAND-6
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
To
To Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
120 North Andover,MA 01845
AUTHORIZED REPRESENTATIVE
C
&CORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
_.................................