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HomeMy WebLinkAboutContract #: 1516 - From: 06-13-2022 To: 03-31-2023 - Greenman-Pedersen, Inc. - Community Development AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE TOWN OF NORTH ANDOVER, MASSACHUSETTS AND GREENMAN-PEDERSEN, INC. (Vendor#24695) FOR SUTTON POND TRAIL THIS AGREEMENT made this day of , 2022 between Greenman-Pedersen, Inc., a Massachusetts corporation, with a usual place of business at 181 Ballardvale Street, Suite 202, Wilmington, Massachusetts, hereinafter called the "ENGINEER," and the Town of North Andover, MA, acting by its Board of Selectmen, with a usual place of business at Town Hall, 120 Main Street, North Andover, MA 01845 hereinafter called the "TOWN". The ENGINEER and the TOWN, for the consideration hereinafter named, agree as follows: 1. Scope of Work The ENGINEER shall perform the work set forth in the Scope of Services attached hereto as Attachment A. 2. Contract Price The TOWN shall pay the ENGINEER for services rendered in the performance of this Agreement a lump sum of$131,018.00, as set forth in Attachment B. The amount to be paid to the ENGINEER shall not exceed $131,018.00 without the prior written consent of the TOWN. 3. Commencement and Completion of Work A. This Agreement shall commence on June 13, 2022 and shall expire on March 31, 2023, unless terminated sooner in accordance with this Agreement. B. Progress and Completion: ENGINEER shall commence work promptly upon execution of this Agreement and shall prosecute and complete the work regularly, diligently and uninterruptedly at such a rate of progress as will insure completion in a timely manner. 4. Performance of the Work The ENGINEER shall supervise and direct the Work, using his best skills and attention, which shall not be less than such state of skill and attention generally rendered by the engineering/design profession for projects similar to the Project in scope, difficulty and location. A. Responsibility for the Work: (1) The ENGINEER shall be responsible to the TOWN for the acts and omissions of his employees, subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the ENGINEER. Consistent with the standard of care referenced above, the ENGINEER shall be responsible for the professional and technical accuracy for all work or services furnished by him or his consultants and subcontractors. The ENGINEER shall perform his work under this Agreement in such a competent and professional manner that detail checking and reviewing by the TOWN shall not be necessary. (2) The ENGINEER shall not employ additional consultants, nor sublet, assign or transfer any part of his services or obligations under this Agreement without the prior approval and written consent of the TOWN. Such written consent shall not in any way relieve the ENGINEER from his responsibility for the professional and technical accuracy for the work or services furnished under this Agreement. ( ) All consultants must be registered and licensed in their respective disciplines if registration and licensor are required under the applicable provisions of Massachusetts law. ( ) The ENGINEER and all consultants and subcontractors shall conform their work and services to any guidelines, standards and regulations of any governmental authority applicable to the type of work or services covered by this Agreement. (5) The ENGINEER shall not be relieved from its obligations to perform the work in accordance with the requirements of this Agreement either by the activities or duties of the TOWN in its administration of the Agreement, or by inspections, tests or approvals required or performed by persons other than the ENGINEER. (6) Neither the TOWN's review, approval or acceptance of,nor payment for any of the work or services performed shall be construed to operate as a waiver of any rights under the Agreement or any cause of action arising out of the performance of the Agreement. B. Deliverables, Ownership of Documents: One (1) reproducible copy of all drawings,plans, specifications and other documents prepared by the ENGINEER shall become the property of the TOWN upon payment in full therefor to the ENGINEER. Ownership of stamped drawings and specifications shall not include the ENGINEER's certification or stamp. Any re-use of such documents 2 without the ENGINEER's written verification of suitability for the specific purpose intended shall be without liability or legal exposure to the ENGINEER or to the ENGINEER's independent professional associates, subcontractors or consultants. Distribution or submission to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as an act in derogation of the ENGINEER's rights under this Agreement. C. Compliance With Laws: In the performance of the Work, the ENGINEER shall comply with all applicable federal, state and local laws and regulations, including those relating to workplace and employee safety. 5. Site Information Not Guaranteed; Contractor's Investigation The TOWN shall furnish to the ENGINEER available surveys, data and documents relating to the area which is the subject of the Scope of Work. All such information, including that relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the TOWN. All such information is furnished only for the information and convenience of the ENGINEER and is not guaranteed. It is agreed and understood that the TOWN does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures will be the same as those indicated in the information furnished, and the ENGINEER must satisfy himself as to the correctness of such information. If, in the opinion of the ENGINEER, such information is inadequate, the ENGINEER may request the TOWN's approval to verify such information through the use of consultants or additional exploration. In no case shall the ENGINEER commence such work without the TOWN's prior written consent. Such work shall be compensated as agreed upon by TOWN and ENGINEER. 6. Payments to the Contractor A. Cost incurred on this project shall be billed upon completion of each item as outlined in the attached Summary of Work Budget. Payment shall be due 30 days after receipt of an invoice by the TOWN. B. If there is a material change in the scope of work, the TOWN and the ENGINEER shall mutually agree to an adjustment in the Contract Price. C. If the TOWN authorizes the ENGINEER to perform additional services, the ENGINEER shall be compensated in an amount mutually agreed upon, in advance, in writing. Except in the case of an emergency, the ENGINEER shall not perform any additional services until such compensation has been so established. 7. Reimbursement Except as otherwise included in the Contract Price or otherwise provided for under this Agreement, the ENGINEER shall be reimbursed by the TO": (a) at 1.0 times the actual cost to 3 the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or otherwise. No such reimbursement shall be made unless the rates of compensation have been approved, in advance, by the TOWN; (b) at 1.0 times the actual cost of additional or specially authorized expense items, as approved by the TOWN. 8. Final Payment, Effect The acceptance of final payment by the ENGINEER shall constitute a waiver of all claims by the ENGINEER arising under the Agreement. 9. Terms Required By Law This Agreement shall be considered to include all terms required to be included in it by the Massachusetts General Laws, and all other laws, as though such terms were set forth in full herein. 10. Indemnification A. General Liability: The ENGINEER shall indemnify and hold harmless the TOWN from and against any and all claims, damages, losses, and expenses, including attorney's fees, to the extent arising out of the performance of this Agreement and to the extent the same relate to matters of general commercial liability, when such claims, damages, losses, and expenses are caused, in whole or in part,by the negligent or wrongful acts or omissions of the ENGINEER or his employees, agents, subcontractors or representatives. B. Professional Liability: The ENGINEER shall indemnify and hold harmless the TOWN from and against any and all claims, damages, losses, and expenses, including attorney's fees, arising out of the performance of this Agreement and to the extent the same relate to the professional competence of the ENGINEER's services,when such claims, damages, losses, and expenses are caused, in whole or in part, by the negligent acts, negligent errors or omissions of the ENGINEER or his employees, agents, subcontractors or representatives. 11. Insurance A. The ENGINEER shall at his own expense obtain and maintain a Professional Liability Insurance policy for errors, omissions or negligent acts arising out of the performance of this Agreement in a minimum amount of$1,000,000.00. B. The coverage shall be in force from the time of the agreement to the date when all construction work for the Project is completed and accepted by the TOWN. If, however, the policy is a claims made policy, it shall remain in force for a period of six(6)years after completion. 4 Since this insurance is normally written on a year-to-year basis, the ENGINEER shall notify the TOWN should coverage become unavailable. C. The ENGINEER shall, before commencing performance of this Agreement, provide by insurance for the payment of compensation and the furnishing of other benefits in accordance with M.G.L. c.152, as amended, to all its employees and shall continue such insurance in full force and effect during the term of the Agreement. D. The ENGINEER shall carry insurance in a sufficient amount to assure the restoration of any plans, drawings, computations, field notes or other similar data relating to the work covered by this Agreement in the event of loss or destruction until the final fee payment is made or all data are turned over to the TOWN. E. The ENGINEER shall also maintain public liability insurance, including property damage, bodily injury or death, and personal injury and motor vehicle liability insurance against claims for damages because of bodily injury or death of any person or damage to property. F. Evidence of insurance coverage and any and all renewals substantiating that required insurance coverage is in effect shall be filed with the Agreement. Any cancellation of insurance, whether by the insurers or by the insured, shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the TOWN at least fifteen days prior to the intended effective date thereof, which date shall be expressed in said notice. G. Upon request of the ENGINEER, the TOWN reserves the right to modify any conditions of this Article. 12. Notice All notices required to be given hereunder shall be in writing and delivered to, or mailed first class to, the parties'respective addresses stated above. In the event that immediate notice is required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed by notice in writing in the manner set forth above. 13. Termination A. Each party shall have the right to terminate this Agreement in the event of a failure of the other party to comply with the terms of the Agreement. Such termination shall be effective upon seven days' notice to the party in default and the failure within that time of said party to cure its default. B. The TOWN shall have the right to terminate the Agreement without cause, upon ten (10) days' written notice to the ENGINEER. In the event that the Agreement is terminated pursuant to this subparagraph, the ENGINEER shall be reimbursed 5 in accordance with the Agreement for all work performed up to the termination date. 14. Miscellaneous A. Assignment: The ENGINEER shall not assign or transfer any of its rights, duties or obligations under this Agreement without the written approval of the TOWN. B. Governing Law: This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TOWN by its authorized representative who,however, incurs no personal liability by reason of the execution hereof or of anything herein contained, as of the day and year first above written. THE TOWN THE CONTRACTOR & `'L4 I2011'L. Greenman - Pedersen, Inc. Divisl6uLDzpdrtment Head Company Name 4�� 06.16.2022 Town Manager Date Sigz ure Date Timothy l..etton, P.E. - Executive Vice President Print Name & Title Federal Identification No.: 11-2537074 APPROVED AS TO FORM: Town Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: 9 Town countant Date 519856/KOPE/0003 6 ATTACHMENT A SCOPE OF WORK -1- ATTACHMENT A SCOPE OF WORK L GENERAL For the purposes of this Agreement, the work shall include the services necessary for data collection and analysis, concept desi m., and public outreach for the Sutton and Trail (the "Project") in the To of North Andover, Massachusetts. The work shall be performed in conformance with the standards, policies,and procedures of the Massachusetts Department of Transportation(MassDOT)and the To of North Andover, The scope of the project entails the Limits of project area are generally shown in Figure A. Jr Figure A.Pro,je4l Area H. SCOPE OF SERVICES Task 1.0 Survey and Data Collection 1.1 Right of Way(ROW)Research Task Conipleted -2- 1.2 Drone Imagery GPI will perform drone flights of the project area to capture low level,high quality aerial imagery of the project area. Deliverables:Drone Imagery. 1.3 Data Collection and Analysis Building upon the ROW research, GPI will provide site visits and field work as needed to canvas project area for data and information(measurements,photos,notes, sketches,etc.). Review available documents and files including reports,planning documents,plans, CAD files,maps,historic images, etc.to ascertain an understanding of project conditions and context. Deliverables: Summary of data collection including 1.4 Base Map Development Develop a base map suitable for concept development and public outreach. Task 2.0 Conceptual Design 2.1 Context Diagrams Develop a series of context diagrams highlighting the overall project area and its relationship to its surroundings (i.e. Avalon North, Sutton Mill Condos, Cochichewick River,Main Street, Water Street, Sutton Street, West Mill complex,High street,Mills to Hill path, former rail corridor, etc. Considerations will include past,present, and future influences including but not limited to: • Topography • Vegetation • Watercourses and ponds • Dam review • Extant bridge features • Property ownership • Historic uses • Vehicle and pedestrian circulation patterns • Viewsheds • Planned developments Deliverables: Context diagrams 2.2 Alternate Alignment Review Develop a maximum of three alternate alignments and land connections seeking optimal connections, minimal impacts, and contrasting options as appropriate. Strategize benefits to each landowner and pros/cons for each alignment. -3- Deliverables: 3 alternate alignments. Task 2.3 Illustrative Plan Develop an annotated preliminary concept illustrating the overall concept in plan view with supporting enlargements,photos, and sections as required to graphically convey the overall features and benefits of the project. Deliverables:Annotated Illustrative Plan Task 2.4 Visual Images Develop colored rendered images suitable to convey the overall context and placement of the design utilizing a combination of software applications(CAD, Sketchup,Lumion)and photo imagery. Produce 10 ground or aerial views that highlight the ponds relationship to existing conditions and abutters. Deliverables: 10 photo realistic images Task 2.5 Conceptual Bridge Plans Develop conceptual bridge plans for the Sutton Pond Bridge. The existing piling in Sutton Pond are not anticipated to be acceptable for re-use.Up to 3 alternatives will be considered for the crossing. Various concerns such as cost, environmental impacts,grading of the path and impacts to abutters will be considered. The concepts will be advance to about 10%design and estimates will be developed to evaluate the options. The options are anticipated to include a one span bridge, a two-span bridge with a pier in the pond and a trestle style structure (similar to the historic structure at this site). All bridges will be evaluated for pedestrian loading only. Deliverables: Conceptual Bridge Plans&Estimates Task 3.0 Stakeholder Outreach Task 3.1 Meetings with Stakeholders Attend and/or support Town meetings with property owners to present project options and to highlight overall project and receive input. Anticipated meetings include the following: • 2 meetings with 88 High Street (AvalonBay) • 2 meetings with 0 Sutton Street(Clean Harbors) • 2 meetings with 201 Sutton Street(Black Swan Realty Trust) • 1 meeting with 12/16 Main Street • 1 meeting with 22 Main Street Deliverables:Estimated 8 meetings up to the time allocated. Task 3.2 Concept Revisions Revise illustrative plan and visual images based on stakeholder input. -4- Deliverables: Concept revisions as required up to the time allocated. Task 3.3 Public Meeting Attend 1 public meeting to present the overall complexities and benefits of the proposed concept. Develop presentation and supporting materials. Deliverables: I public meeting with preparation. -5- ATTACHMENT B SUMMARY OF WORK BUDGET -6- ATTACHMENT B SUMMARY OF WORK BUDGET LABOR ITEM COST Survey and Data Collection $ 14,530.00 Conceptual Design $ 74,414.00 Stakeholder Outreach $ 41,524.00 Subtotal $ 130,468.00 EXPENSES ITEM COST Mileage and Misc. $ 550.00 Subtotal $ 550.00 TOTAL $ 131,018.00 -7- ATTACHMENT C DESIGN COST ESTIMATE -8- Suttone Pond Trail Project North Andover, MA Design Cost Estimate a Project Director Lead Structural Lead Engineer Lead.Land. Sr.Land. Land.Architect Enviro Engineer Civil Architect Architect Design Sci( Task Production Hourly Rate (direct labor 1.55 OH x 1 % e) $185.00 $150.00 $142.00 $185.00 $160.00 11 OM 0 TIF \; � � 1.1 opw- 1.2 PfW .. .. 1.3 DAM � 1,4 \ 29, �. . \ \ , ` .\ IA 201 .. .,... A 2.2 OPO. JMONMA 1100, 1 2.3 2.4 .. . . .R ITO .:i _. .. _. .._A _.. ._.. _.... � y ..._.A . ...A _ ..� �._ ..tea.......A .. .�\ VA.. ,. ..�. A .yA .........vy.. .... 3.1 v �.�� 11,000, a v 32 � \ "ww _.. v v y yv v LABOR TOTAL 68 1 Subtotal Cost $12,580.00 $22,500.00 $13,348.00 $8,880.00 $20,800.00 $48,840.00 $1 ATTACHMENT D CERTIFICATE OF INSURANCE -9- DATE(MMIDD/YYYY) A�CoR" CERTIFICATE OF LIABILITY INSURANCE 7-2-2/17/2022 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 endorsement(s). PRODUCER CONTACT NAME: Jeff KOzarsk PG Genatt Group LLC PHONE FAX 3333 NEW HYDE PARK RD A/ No Ext: 516-869-8788 A/c No:516 470-0338 SUITE 409 ADDRESS: jkozarsky@genattgrp.com NEW HYDE PARK NY 11042 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Starr Indemnity&Liability Company 38318 INSURED GREENMAN INSURERB:XL Specialty Insurance Company 37885 Greenman Pedersen, Inc. 325 West Main Street(New England) INsuRERc:Westchester Surplus Line Insurance Company 10172 Babylon NY 11702 INSURERD: Berkley Insurance Company 32603 INSURERE: Everest National Insurance Company 10120 INSURER F COVERAGES CERTIFICATE NUMBER:1330876051 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 1000025533211 12/31/2021 12/31/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE i OCCUR PREMISES Ea occurrence $300,000 X Contractual Liab MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�JEC LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY Y Y 1000198538211 12/31/2021 12/31/2022 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C X UMBRELLALIAB X OCCUR G71780296003 12/31/2021 12/31/2022 EACH OCCURRENCE $10,000,000 E XC5EX01512-211 12/31/2021 12/31/2022 EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 DED I X I RETENTION$,,,,, $ A WORKERS COMPENSATION Y 1000002543 12/31/2021 12/31/2022 XOTH- A AND EMPLOYERS'LIABILITY Y/N 1000002541 12/31/2021 12/31/2022 STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Property UM00082200MA21A 12/31/2021 12/31/2022 valuable Papers $100,000 D Professional Liability AEC-905031302 12/31/2021 12/31/2023 Each Claim $5,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *WORKERS COMPENSATION NOT APPLICABLE IN MONOPOLISTIC STATES-OH,ND,WA,WV,WY*FOREGOING PER POLICY FORM Re:NEX-2021367.00-Osgood Pond Trail,North Andover,MA Additional Insured Status Encompasses General Liability&Automobile Coverage as required by written contract.Primary Insurance Status Encompasses General Liability&Automobile Coverage on a Primary and Non-Contributory Basis.Waiver of Subrogation Status Encompasses General Liability,Automobile, and Workers Compensation Coverage as required by written contract. Town of North Andover is included as additional insured as required by written contract. CERTIFICATE HOLDER CANCELLATION 30 day notice applies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of North Andover 120 Main Street AUTHORIZED REPRESENTATIVE North Andover MA 01845 Awt' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD