HomeMy WebLinkAboutContract #: 1497 - From: 04-11-2022 To: 06-30-2022 - Tighe & Bond, Inc. - 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: Tighe &Bond, Inc.
Address: Corporate:
53 Southampton Road
Westfield, MA 01085
Servicing Office:
120 Front Street Suite 7
Worcester, MA 01608
Telephone Number: 413-562-1600 / 508-754-2201
Email: C'oil tractsl)e.p )ondcom CLaR tyni
1. This is a Contract for the procurement of the following:
Provide professional engineering services related to the Permit Year 4 Stormwater
Program Assistance in accordance with the proposal dated April 5, 2022 (See Attachment
A).
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
In accordance with the proposal dated April 5, 2022 (See Attachment A), on a percent
complete basis for the services performed, with a not to exceed amount of$76,000.
3. Payment will be made as follows:
Upon completion of services and receipt of invoice, (net 30 days).
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 1
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 ensure 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 Sub-Contractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
4.8 Services: Shall mean furnishing of labor, time, or effort by the Contractor. This term
shall not include employment agreements, collective bargaining agreements, or
grant agreements.
4.9 Standard of Care: Contractor's services shall be performed in accordance with the
generally accepted professional standard of care ordinarily used by design
professionals performing similar scope of services in the same geographic area on
projects of similar size and complexity.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 2
5. Term of Contract and Time for Performance:
This Contract shall be fully performed by the Contractor in accordance with the provisions
of the Contract Documents on or before June 30. 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:
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 A2provals:
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 perforrn this Contract with
sufficient personnel and equipment or with sufficient material to ensure the
completion of this Contract within the specified time due to a reason or
(Rev 2019)Contract by and between the To of No Andover and Tighe&Bond,Inc. Page 3
circumstance within the Contractor's reasonable control, (iii) failure to perform
this Contract in a manner reasonably satisfactory to the Town, (iv) failure to
promptly re-perform within a reasonable time the services that were rejected by
the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for
reasons not beyond the Contractor's reasonable control, (vi) failure to comply
with a material term of this Contract, including, but not limited to, the provision
of insurance and non-discrimination, (vii) any other acts specifically and
expressly stated in this Contract as constituting a basis for termination of this
Contact, and (viii) failure to comply with any and all requirements of federal
and/or state law and/or regulations, and Town bylaw and/or regulations.
9. The Contractor's Breach and the Town's Remedies:
Failure of the Contractor to comply with any of the terms or conditions of this Contract
shall be deemed a material breach of this Contract, and the Town of North Andover shall
have all the rights and remedies provided in the Contract documents, the right to cancel,
terminate, or suspend the Contract in whole or in part, the right to maintain any and all
actions at law or in equity or other proceedings with respect to a breach of this Contract,
including damages and specific performance, and the right to select among the remedies
available to it by all of the above.
From any sums due to the Contractor for services, the Town may keep the whole or any
part of the amount for expenses, losses and damages incurred by the Town as a
consequence of procuring services as a result of any failure, omission or mistake of the
Contractor in providing services as provided in this Contract.
10. Statutory Compliance:
a. This Contract will be construed and governed by the provisions of applicable
federal, state and local laws and regulations; and wherever any provision of the
Contract or Contract documents shall conflict with any provision or requirement
of federal, state or local law or regulation, then the provisions of law and regulation
shall control. Where applicable to the Contract, the provisions of General
Laws are incorporated by reference into this Contract, including, but not limited
to, the following:
General Laws Chapter 30B—Procurement of Goods and Services.
General Laws Chapter 30, Sec. 39, et se : -Public Works Contracts.
General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts.
General Laws Chapter 7, Sections 38A 1/2 -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.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 4
C. The Contractor shall give all notices and comply with all laws and regulations
bearing on the performance of the Contract. If the Contractor performs the Contract
in violation of any applicable law or regulation, the Contractor shall bear all costs
arising therefrom.
d. The Contractor shall keep itself fully informed of all existing and future State and
National Laws and Municipal By-laws and Regulations and of all orders and
decrees of any bodies or tribunals having jurisdiction in any manner affecting
those engaged or employed in the work, of the materials used in the work or in any
way affecting the conduct of the work. If any discrepancy or inconsistency is
discovered in the Drawings, Specifications or Contract for this work in violation of
any such law, by-law, regulation, order or decree, the Contractor shall forthwith
report the same in writing to the Town. It shall, at all times, itself observe and
comply with all such existing and future laws, by-laws, regulations, orders and
decrees; and shall protect and indemnify the Town of North over, and its duty
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.
It. 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 151 B (Law Against
Discrimination) and any executive orders, rules, regulations, and requirements of the
Commonwealth of Massachusetts as they may from time to time be amended.
(Rev 2020)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 5
14. Assignment:_
Assignment of this Contract is prohibited, unless and only to the extent that assignment is
provided for expressly in the Contract documents.
15. Condition of Enforceability Against the Town:
This Contract is only binding upon,and enforceable against,the Town i£ (1) the Contract
is signed by the Town Manager or its designee; and (2) endorsed with approval by the
Town Accountant as to appropriation or availability of funds; and (3) endorsed with
approval by the Town Counsel as to form.
16. Corporate Contractor:
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its
Clerk's Certificate certifying the corporate capacity and authority of the party signing this
Contract for the corporation. Such certificate shall be accompanied by a letter or other
instrument stating that such authority continues in full force and effect as of the date the
Contract is executed by the Contractor. This Contract shall not be enforceable against the
Town of North Andover unless and until the Contractor complies with this section.
The Contractor, if a foreign corporation, shall comply with the provisions of the General
Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in
addition thereto, relating to the appointment of the Commissioner of Corporations as its
attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly
authenticated copies of its Charter or Certificate of Incorporation; and said Contractor
shall comply with all the laws of the Commonwealth.
17. Liability of Public Officials:
To the full extent permitted by law, no official, employee, agent or representative of the
Town of North Andover shall be individually or personally liable on any obligation of the
Town under this Contract.
18. Indemnification:
The Contractor shall indemnify, defend and save harmless the Town, the Town's officers,
agents and employees, from and against any and all damages, liabilities, actions, suits,
proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every
nature and description (including reasonable attorneys' fees) incurred by, brought or
recovered against them that may arise in whole or in part out of or in connection with the
services being performed or to be performed, and out of any negligent act or omission by
the Contractor, its employees, agents, subcontractors, material men, and anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by any party indemnified
hereunder. The existence of insurance shall in no way limit the scope of the Contractor's
indemnification under this contract.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 6
19. Documents, Materials, Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the
Contractor under this Contract are to be kept confidential and shall not be made available
to any individual or organization by the Contractor (except agents, servants, or employees
of the Contractor) without the prior written approval of the Town, except as otherwise
required by law. The Contractor shall comply with the provisions Chapter 66A of the
General Laws of Massachusetts as it relates to public documents, and all other state and
federal laws and regulations relating to confidentiality, security, privacy and use of
confidential data.
A hard copy and an electronic copy (if requested by the Town) of Contractor's drawings,
plans, specifications and other similar documents, whether in written, graphic or
electronic form, shall be delivered to the Town. If there is a discrepancy between the
electronic files and the hard copies, the hard copies shall govern.
The Town shall have unlimited rights, for the benefit of the Town, in all drawings,
designs, specifications, notes and other work developed in the performance of this contract
including the right to use same on any other Town projects without additional cost to
the Town; and with respect thereto the Contractor agrees and hereby grants to the Town
an irrevocable royalty-free license to all such data which the Contractor may cover by
copyright and to all designs as to which it may assert any rights or establish any claim
under any patent or copyright laws. The Contractor shall not be responsible for changes
made in the documents by others without the Contractor's authorization, nor for the
Town's use of the document on projects other than the project which is the subject of this
Contract, unless this is a contract for design services for a master plan or prototype.
20. Audit, Inspection and Recordkeeping
At any time during normal business hours, and as often as the Town may deem it
reasonably necessary, there shall be available in the office of the Contractor for the
purpose of audit, examination, and/or to make excerpts or transcript all records, contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement.
22. Payment
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth
in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice
detailing the work completed and acceptance from the Town of the work completed.
23. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation
contained in this Contract may be made only by written amendment executed by all
signatories to the original Agreement, prior to the effective date of the amendment.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 7
To the extent allowed by law, any conditions, duties, and obligations contained in this
Contract may be waived only by written Agreement by both parties.
Forbearance or indulgence in any form or manner by a party shall not be construed as a
waiver, nor in any manner limit the legal or equitable remedies available to that party.
No waiver by either party of any default or breach shall constitute a waiver of any
subsequent default or breach of a similar or different matter.
24. Forum and Choice of Law
This Contract and any performance herein shall be governed by and be construed in
accordance with the laws of the Commonwealth of Massachusetts. Any and all
proceedings or actions relating to subject matter herein shall be brought and maintained
in the courts of the Commonwealth or the federal district court sitting in the
Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not
be construed to limit any other legal rights of the parties.
25. Notices
Any notice permitted or required under the provisions of this Contract to be given or
served by either of the parties hereto upon the other party hereto shall be in writing and
signed in the name or on the behalf of the party giving or serving the same. Notice shall
be deemed to have been received at the time of actual service or three (3) business days
after the date of a certified or registered mailing properly addressed. Notice to the
Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to
the Town of North Andover by being sent to the Town Manager, Town Hall, 120 main
Street, North Andover, Massachusetts 01845.
26. Binding on Successors:
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or
successors in interest (and where not corporate, the heirs and estate of the Contractor).
27. Contract Amendments:
Any change in the scope of services or contract price shall be made only by a written
contract amendment executed by the Town and the Contractor.
28. Minimum 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
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 8
Contract shall be deemed a material breach of this Contract, shall operate as an immediate
termination thereof, and Contractor shall indemnify the Town for all losses, claims, and
actions resulting from the failure to provide the insurance required by this Article. The
Contractor shall furnish to the Town evidence of such insurance prior to the execution of
this Contract before the same shall be binding on the parties thereto, except if specifically
waived by the Town.
a. The Contractor shall provide by insurance for the payment of compensation and the
furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts
(The Worker's Compensation Act)to all employees of the Contractor who are subject
to the provisions of Chapter 152 of the General Laws of Massachusetts.
b. Broad Form commercial general liability insurance with limits of at least $1 Million
per occurrence and $2 Million aggregate, or such other amount as the Town may
require, and which shall cover bodily injury, death, or property damage arising out of
the work.
c. Automobile Liability Insurance, including coverage for owned, hired or borrowed
vehicles with limits of at least$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 "MIIA" or "ACORD" Certificate of Insurance form incorporated into
and made a part of this Agreement. Properly executed certificates signifying adequate
coverage in effect for the duration of the contract with renewal certificates issued not
less than 30 days prior to expiration of a policy period, must be submitted to the Town
prior to commencement of this agreement.
g. The To 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.
(Rev 2019)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 9
30. Comp
lete 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 WHEREOF the parties have hereto and to two other identical instruments set forth
their hands the day and year first above written.
THE TOWN THE CONTRACTOR
Tighe&Bond,Inc.
Di isi!on/Department Head Company Na e
4/05/22
Town Manager Date att Date
William N. Hardy, PE
Senior Vice President
Print Name&Title
APPROVED AS TO FORM:
own Counsel
ate
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
TO(Vn"Ac-o-untant Date
(Rev 2019)Contract by and between the Town of Norlh Andover and Tighe&Bond,Inc. Page 10
ATTACHMENT A
(Rev 2021)Contract by and between the Town of North Andover and Tighe&Bond,Inc. Page 11
Tighe&Bond
N1093-PO15
April 5, 2022
John Borgesi, PE, Assistant Director/Town Engineer
Town of North Andover
Division of Public Works
384 Osgood Street
North Andover, MA 01845
Re: Proposal for Professional Engineering Services
Permit Year 4 Stormwater Program Assistance
Dear John,
We are pleased to provide you with this proposal to continue assisting the Town of North
Andover in meeting requirements of the Environmental Protection Agency's (EPA's) National
Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Program. The following
Scope of Work provides the Town with support to complete multiple Permit Year 4 (PY4)
requirements of the 2016 Small Municipal Separate Storm Sewer System (MS4) General
Permit.
SCOPE OF SERVICES
Phase 1 - Catchment Investigations and Wet Weather Screening
Tighe & Bond will begin systematic implementation of the Catchment Investigation Procedures
developed as part of the IDDE Plan. Work under this Phase includes:
Task 1.1 Field Work Preparation
Desktop Assessment of"Complete" Catchment Areas
According to Section 2.3.4.8.c.ii.i.c of the General Permit, "where catchments do not contain
junction manholes, the dry weather screening and sampling shall be considered as meeting
the manhole inspection requirement. In these catchments, dry weather screenings that
indicate potential presence of illicit discharges shall be further investigated pursuant to
[Section] 2.3.4.8.d [of the General Permit]. Investigations in these catchments may be
considered complete where dry weather screening reveals no flow; no evidence of illicit
discharges or SSOs is indicated through sampling results or visual or olfactory means; and no
wet weather System Vulnerability Factors are identified."Tighe & Bond will review dry weather
screening results and mapping to determine catchments that can be considered complete.
Development of Investigation Plan
We will further prepare for field work by developing electronic field forms for use in ArcGIS
Online and Survey123, select catchments and outfalls to be investigated, gather input from
Town staff about the presence or absence of system vulnerability factors (SVFs) within each
catchment to be investigated, complete a preliminary refinement of catchment delineations
for the selected catchments, and develop of a GIS mapbook of the investigation areas. The
key junction manhole(s) that are identified under this Task will be noted as such in the Town's
GIS mapping. For planning purposes, we will select 30 High Priority catchments for the
investigation plan. We will review and confirm the investigation plan with Town staff prior to
field work.
120 Front Street, Suite 7 Worcester, MA 01608 Tel 508.754.2201
Task 1.2 Dry Weather Key ]unction Manhole Inspections
Tighe & Bond will perform five (5) days of field work to screen key junction manholes during
dry weather conditions. We will identify and investigate up to 75 junction manholes/catch
basins within catchments ranked as High Priority in the Town's IDDE Plan and after dry
weather outfall screening. For budgeting purposes, we assume that 15 manholes will be
inspected per day, and that 40% (30) of the key junction manholes will have dry weather
flow.
During inspections, we will implement the catchment investigation procedures and inspect
each key junction manhole for the presence of dry weather flow and illicit discharges. We will
verify and update connectivity as needed in the GIS mapping; however, if significant changes
need to be made, Tighe & Bond will limit field edits and address under a future phase of work.
If this occurs, we will note areas needing substantial mapping improvements in the summary
report described below.
If flow is present, we will use field test kits to complete in situ screening of ammonia, chlorine,
and surfactants. It may be necessary to open the next upstream and downstream structures
to isolate the source of flow. We will enter field observations, photos, and in-situ screening
results into GIS using an iPad.
If applicable, we will refine the catchment delineations in GIS after field work is completed,
based on updated connectivity found in the field.
Assumptions:
• We will complete field work with one (1) Town staff member and one (1) Tighe & Bond
staff member. Town staff will be responsible for opening structures as required and
providing a municipal truck with lights for traffic control.
• A glass bottle of hazardous waste (less than 1 gallon) generated with the surfactants
test kits will be disposed of by the Town.
• The cost of police details is not included in this proposal. Invoices will be billed directly
to the Town if details are required. This proposal does not include follow-up activities
to identify source, remove source, or complete confirmatory sampling.
• This initial catchment investigation will not include the use of sandbags to capture
trapped flow. Manholes with some evidence of an intermittent discharge will be flagged
for further investigation and an approach will be discussed with Town.
• If a pipe segment has been identified as having a potential illicit discharge, additional
downstream investigations will only be conducted at key junction manholes to
determine relative increase or decrease in flow and water quality screening results.
• If a suspected illicit discharge is isolated to a specific pipe segment, Tighe & Bond will
make recommendations for further action. It may be necessary for the Town to
perform CCTV, smoke testing, or dye testing/dye flooding in the surrounding area to
pinpoint the illicit discharge. These services are not included in this scope of work.
• The Town will be responsible for any corrective action required "to identify and
eliminate [any] illicit discharge as expeditiously as possible" identified in Task 2.2 and
2.3 in accordance with the timeline and record keeping requirements in Sections
2.3.4.2 and 2.3.4.8.e of the General Permit. Tighe & Bond will provide input and
guidance throughout the process, if applicable.
- 2 -
Task 1.3 Wet Weather Outfall Screening
For catchments with one or more SVF, Tighe &Bond will perform three (3) days of wet weather
screening at the associated outfalls. We will use the field screening and laboratory analysis
methodology similar to previous outfall sampling efforts, except in wet weather conditions.
This will include collecting and sending samples to a certified laboratory for analysis of
surfactants, ammonia, E. coli, and TMDL and impaired waters requirements, as well as
performing in situ screening of chlorine, temperature, conductivity, salinity, and additional
TMDL and impaired waters requirements if necessary. As described in Task 1.1, we will work
with the Town to confirm the presence of SVFs within each catchment prior to field work. For
budgeting purposes, we assume that each catchment to be investigated will have one or more
SVFs and will require wet weather sampling at the outfall. We will complete the wet weather
screening field work with one (1) Town staff member and one (1) Tighe & Bond staff member.
Task 1.4 Summary Memorandum
Tighe & Bond will summarize the work completed in a memorandum that includes a summary
table and map with findings, recommendations, and a log of junction manhole and outfalls
inspected. This memorandum will be added to the IDDE Plan as an appendix.
Phase 2 — Phosphorus Source Identification Report
Appendix H Part II.b of the General Permit requires that the Town develop a Phosphorus
Source Identification Report and an evaluation of properties with potential retrofit
opportunities for areas of the MS4 within the Merrimack River Watershed. The Phosphorus
Source Identification Report must be complete by June 30, 2022 and submitted with the
Permit Year 4 annual report due in September 2022. In Permit Year 3, the Town completed a
BMP retrofit assessment in accordance with Section 2.3.6.d of the General Permit through a
Merrimack Valley Planning Commission (MVPC) grant, which includes possible retrofit sites at
the North Andover High School and the Town Hall parking area. Based on discussions with
Town staff, the proposed recreation complex at the Atkinson School is another possibility for
installation of BMPs.
Additionally, Appendix H requires the Town to evaluate the properties identified under these
requirements for the next planned infrastructure, resurfacing, or redevelopment activity
planned for the property (if applicable) OR planned retrofit date; the estimated cost of
redevelopment or retrofit BMPs; and the engineering and regulatory feasibility of
redevelopment or retrofit BMPs. The Town has to provide a listing of planned structural BMPs
and a plan and schedule for implementation in the Permit Year 5 Annual Report, then plan
and install a minimum of one structural BMP in a catchment with high phosphorus load
potential as a demonstration project within six years of the permit effective date.
To meet the Appendix H requirements, Tighe & Bond will complete a phosphorus source
assessment with the following elements in accordance with General Permit requirements:
• Calculation of total urbanized area within the Town's jurisdiction that is within the
Merrimack River watershed, incorporating updated mapping of the MS4 and catchment
delineations produced pursuant to Part 2.3.4.6 of the General Permit.
• All screening and monitoring results pursuant to Part 2.3.4.7, targeting the receiving
water segment(s).
• Impervious area and directly connected impervious area (DCIA) for the target
catchment. Tighe & Bond will estimate DCIA based on EPA Guidance.
• Identification, delineation, and prioritization of potential catchments with high
phosphorus loading.
- 3 -
• Identification of potential retrofit opportunities or opportunities for the installation of
structural BMPs during redevelopment.
This assessment will include properties within the Merrimack River watershed, as well as the
properties with possible retrofit opportunities identified by MVPC and Town staff. We will
develop an overall GIS figure showing phosphorus loadings by parcel within the watershed.
We will also prepare a preliminary "mapbook" showing available GIS data for the potential
retrofit sites (i.e., orthophotograph site plan with soil type, groundwater depth, nearby water
resources, etc. that would impact design and construction of a stormwater BMP).
Tighe & Bond will meet with the Town to review the initial Retrofit Inventory developed by
MVPC, impervious area and phosphorus loading analysis completed under this Phase, and
preliminary mapbook, as well as discuss schedules for planned physical capital projects
(including storm and sanitary sewer infrastructure projects and paving projects), current
storm level of service, and other applicable ranking criteria. We will work with Town staff to
priority rank the retrofit sites. It is assumed this meeting will be held in-person. After the
meeting, we will perform a site visit to confirm characteristics of the top ranked properties on
the Retrofit Inventory for up to five locations.
For the top five properties on the final Retrofit Inventory, Tighe & Bond will prepare 11x17
planning-level site sketches that include a brief description of the recommended MS4
modification or retrofit opportunity, a conceptual design and site sketch, estimate of BMP
pollutant removal, an estimate of annual operation and maintenance needs and costs, and an
opinion of probable design, permitting, construction costs. Stormwater management BMPs
will be optimized for phosphorus removal in accordance with TMDL requirements.
Deliverables: Tighe & Bond will develop a summary report documenting the work completed
under this Task. It will include the Phosphorus Source Identification Report assessment, GIS
figure with phosphorus loading, retrofit site sketches, opinions of probable cost, and a plan
and schedule for implementation of the structural BMPs under the Retrofit Inventory and
Impaired Waters requirements. We will provide an agenda and handouts for the meeting with
Town staff.
Phase 3 — BMP Inspections
In accordance with Section 2.3.7.a.iii.6 of the General Permit, all Town BMPs (excluding catch
basins) must be inspected annually. As part of the Town-wide Operations and Maintenance
(O&M) Plan developed in Permit Year 2, Tighe & Bond prepared a standard operating
procedure (SOP) for BMP inspections and maintenance consistent with the Massachusetts
Stormwater Handbook. We will use this SOP as a baseline to develop an electronic inspection
form that can be used to log inspections.
The Town has 56 stormwater BMPs, of which 19 are noted as detention basins, and 115 open
channels (swales, ditches) in the current GIS mapping. Two (2) Tighe & Bond staff will
complete up to seven (7) days of field work to complete inspections at the 19 mapped
detention basins and 115 open channels. We assume approximately 10 basins and 20 open
channels can be inspected per field day. We will include photographs of the BMPs and open
channels and log any deficiencies found during the inspections. If new municipal detention
basins are discovered during field work, we will add them to the GIS mapping and complete
an inspection.
After the inspections, we will review data collected to make recommendations and a brief
update to the Town-wide O&M Program, including a 5-year action plan for prioritized BMP
maintenance, a recommended inspection schedule based on BMP type, and an updated BMP
inspection and maintenance SOP if needed.
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Assumptions:
• Note that these inspections will focus on stormwater basins and open channels only
and inspections at the 37 other proprietary units or recharge BMP types included in
the GIS will not be completed this year, as these BMPs require identification of specific
O&M manuals to confirm inspection procedures and needed equipment. However, we
will identify these BMPs in the recommended inspection schedule and updated SOP
noted above. We assume the Town will compile the O&M manuals for these BMPs and
they can be added to the inspection program in a future permit year or inspected by
the Town to confirm any maintenance needs.
• It is assumed Town staff will complete the annual inspections of municipal stormwater
BMPs in future Permit Years in accordance with General Permit requirements. As such,
it is recommended that Engineering Division staff attend a portion of the BMP
inspections as feasible to learn the BMP inspection process and field form.
Phase 4 — Drainage System Mapping and GIS Support
Tighe & Bond will provide up to 45 hours of GIS support to the Town, which may include, but
is not limited to, the following:
• Ongoing improvements for data reliability and functionality of ArcGIS Online
applications and overall drainage GIS.
• Additional ESRI applications needed for the Town's field efforts, data management,
and MS4 program tracking, including under the IDDE Program and municipal good
housekeeping program (e.g., catch basin cleaning, quarterly SWPPP inspections).
Phase 5 — Permit Year 4 Annual Report and SWMP Update
Per Section 4.4 of the General Permit, the Permit Year 4 Annual Report is due to the EPA and
the Massachusetts Department of Environmental Protection (MassDEP) by September 28,
2022. Tighe & Bond will assist the Town with preparation of the Annual Report, including the
following tasks:
• Use EPA's reporting template to document the Town's actions toward meeting
stormwater program goals and milestones. This includes completing a "self-
assessment," which is an evaluation of activities completed during Permit Year 4
compared to the requirements of the General Permit.
• Attend one meeting with Town staff to aid in development of the annual report, and
specifically to verify and document stormwater management activities completed
during Permit Year 4. This meeting will be held remotely via conference call and screen
sharing.
• Deliver the Annual Report to the Town for certification. Upon certification, Tighe &
Bond will electronically submit the report to EPA and MassDEP.
• Compile documentation, with the Town's assistance, for Permit Year 4 activities to be
added to the Town's Stormwater Management Program record keeping files. After
Annual Report submission, an updated Stormwater Management Plan will be provided
and should be posted online. We may also prepare updates to the Town's IDDE Plan
and/or inventories of buildings, facilities, parks, open space, and vehicles and
equipment developed for the Town-Wide Operations and Maintenance Plan, as
applicable based on changes to the program in Year 4, for the Town's internal record
keeping.
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u,
While preparation and/or submittal of the items included in our Scope of Work are required
by the General Permit, an on-time preparation/submittal does not guarantee overall program
compliance in the eyes of the EPA, nor does it eliminate the possibility of a comprehensive
compliance audit.
ASSUMPTIONS AND EXCLUSIONS
The following items are not included in this Scope of Work:
• Section 2.3.6 (parts b and c) of the General Permit requires the development of reports
assessing local guidelines, bylaws, regulations, and procedures that affect the creation
of impervious cover and use of green infrastructure by June 30, 2022. The Town of
North Andover is participating in the MVPC grant to complete a Street Design and
Parking Lot Guidelines Assessment Report and Green Infrastructure Feasibility
Assessment Report, which we assume will meet General Permit requirements. We
suggest carefully evaluating the recommendations for consistency with Town goals
and schedules, as the General Permit requires that "the permittee shall implement all
recommendations, in accordance with the schedules, contained in the assessment
[and] ... report in each annual report on the status of this assessment including any
planned or completed changes to local regulations and guidelines".
• Section 2.3.6 (part d) of the General Permit requires that the Town identify a minimum
of five Town-owned properties that could potentially be modified or retrofitted with
BMPs by June 30, 2022. Last Permit Year, North Andover participated in a MVPC grant'
to complete this assessment, which we assume is sufficient to meet General Permit
requirements.
SCHEDULE
We will work with town staff to determine a suitable schedule for interim project milestones.
The Scope of Work will be complete no later than June 30, 2022.
FEE
Tighe & Bond will perform these services for a lump sum fee of $76,000, invoiced monthly
based upon percentage complete. In the event that the scope of work is increased for any
reason, the lump sum fee to complete the work shall be mutually revised by written
amendment.
The summary table below provides the anticipated break out of the project by Phase and is
presented to give the Town a better understanding of how the project budget was developed.
Invoices will be submitted based on the total project fee and not individual line item budgets.
Phase Description Budget
1 Catchment Investigations & Wet Weather Screening $28,000
2 Phosphorus Source Identification Report $19,500
3 BMP Inspections $17,000
4 Drainage System Mapping & GIS Support (45 hours) $6,000
5 Permit Year 4 Annual Report and SWMP Update $5,500
Total Fee $76,000
MassGEP MSG Municipal Assistance Grant Report, Merrimack Valley Stormwater Collaborative, June 30, 2021.
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The included schedule and fees are based on the above scope of work and assumptions. The
schedule includes reasonable allowances for review and approval times by applicable parties.
This schedule may need to be adjusted as the project progresses, allowing for changes in
scope, character or size of the project requested by the Town, or for delays or other causes
beyond our reasonable control.
We look forward to assisting you with your stormwater program. Please feel free to contact
Cassandra at CLaFtcrheki_ igrrnd.cm or 508-471-9644 should you have any questions
or comments. If this proposal is acceptable, please execute the attached Contract for
Professional Services. This enclosure aligns with prior year MS4 Services,with only the specific
project information being adjusted.
Very truly yours,
TIGME & BOND, INC.
r
Cassandra L. LaRochelle, PE William N. 'rdy, PE
Project Manager Senior Vice President
Copy: Emily Scerbo, PE, Tighe & Bond Senior Project Manager/Stormwater Practice Leader
Enclosure: Contract for Professional Services
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