HomeMy WebLinkAboutContract #: 1539 - From: 08-15-2022 To: 08-15-2023 - TEC, Inc. - DPW AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
BETWEEN
THE TOWN OF NORTH ANDOVER, MASSACHUSETTS
AND
TEC, INC.
THIS AGREEMENT made this � day of August, 2022 between TEC, Inc., a
Massachusetts corporation with a usual place of business at 282 Merrimack Street, 2nd Floor,
Lawrence, MA 01843, hereinafter called the"ENGINEER,"and the Town of North Andover,
MA, acting by its Select Board, with a usual place of business at 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 Exhibit A.
2. Contract Price
The TOWN shall pay the ENGINEER for services rendered in the performance of this
Agreement a lump sum of$60,000.00. The amount to be paid to the ENGINEER shall not
exceed $60,000.00 without the prior written consent of the TOWN.
3. Commencement and Completion of Work
A. This Agreement shall commence on August 15, 2022 and shall expire on August
15, 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.
(3) All consultants must be registered and licensed in their respective
disciplines if registration and licensor are required under the
applicable provisions of Massachusetts law.
(4) 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 fall 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
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
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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. Pavments to the Contractor
A. Cost incurred on this project shall be billed monthly on an hourly basis as outlined
in the attached Scope of Services. 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 TOWN: (a)at 1.0 times the actual cost to
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 Pavment. Effect
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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 attorneys 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.
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 famishing 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.
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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
in accordance with the Agreement for all work performed up to the termination
date.
14. Miscellaneous
A. Assigpment: 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.
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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
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Division/ epartment Head Company Name
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Town Manager Date 4& a�lture� Date
lAa:+11�4A Ac; ,e«
Print Name&Title
APPROVED AS TO FORM:
Town Counsel to
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
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o A countant Date
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CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee, union,club or other organization, entity, or group of individuals.
Signature �/WDate P !0 f J07-Z-
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
n a�w, A. c)c-VWk H , authorized signatory for C.
Name ofindividual Name of contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting
child support.
A c c
Signature Date
7
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the—
held on to /-? /Z0 19 it was
VOTED, THAT
r;1)�Cll
(Name) (Officer)
of C - be and hereby is authorized to execute contracts and bonds in the
name and on behalf of i a affix its corporate seal hereto; and
such execution of any contract or obligation in the name of on its
]::!t� --
behalf by such officer under seal of 77�v%r,� shall be valid and binding upon
I hereby, certify that I am the clerk of the above named C , and
that "e, A ., 'P-ocuuA If 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 to oft i contract.
0. WAM_—Z
(Date) (Clerk)
O
2001
'41
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EXHIBIT A
282 Merrimack Street,2nd Floor
Lawrence,MA01843
( � 9'l8.794.1792
TheEngineeringCorp.com
Create Q Design I Innovate
TEC "
The Engineering Cori ,Q
�SCOPE OF SERVICES
New Contract Project o.:T1.160.01
El Amendment No.: Date:July 25, 2022
Project Name: Engineering Services for Complete Streets Project: Sutton-High'-Chadwick, North Andover, MA
Client: Town of North Andover Fee Proposal
John Borgesi Task 1 $15,000.00
Asst. Director/Town Engineer Task 2 $35,000.00
383 Osgood Street Task 3 $10,000.00
North Andover, MA 01845 Estimated Expenses Included
TOTAL $60,000.00
Requested by: Client ® Lump Sum Time&Expenses
❑Cost 4. Fixed Fee El Other
Scope ofServices:
The Town of North Andover (Client) 'through its Department of Public Works(DPW) has retained TEC, Inc. (TEC)
to provide engineering services for the intersection improvement project at Sutton Street- High Street-Chadwick
Street in North Andover, MA. The project received$397,271 in construction funding from MassDOT as part of the
Complete Streets Program. The scope of the improvements will be consistent with the application and concept
plan prepared by TEC,dated April 2022.
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Services to be performed are as outlined in the tasks below:
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Task 1—Existing Conditions Survey&Preliminary Layout $15,000.00
• Existing Conditions Survey&Base Map Preparation—The survey limits will include approximately 1,150'
to cover the following area:
500'along Sutton Street(200'west of Columbia Road to 50'east of Poor Street)
* 250'along Chadwick Street from Sutton Street
* 250'along High Street from Sutton Street
* 50'along 3 approach streets:Poor Street, Grosvenor Street and Columbia Road
The survey will include the following detailed information:
• Establish horizontal/vertical control(NAD 83/ NAVD 88)and tie survey into visible monuments
o Topographic survey information will include, but is not limited to,location of all curb-lines, edge
of pavement, driveways, sidewalks, private walkways, pavement markings, signage, visible
surface utilities,stonewalls,fences,street trees(>— '�,and other above ground features
a Utility information will be plotted based on field verification of visible structures, drain/sewer
inverts and available record information from the Town and private utility companies.
• Right-of-Way(ROW)will be researched,and a determination will be performed along the streets
listed above, property lines and buildings will be shown as approximate based on GIS/Assessor's
maps.
• The survey will also include vertical data and an existing surface for 3-D modeling and/or grading
of the sidewalk improvements.
• Deliverables—Base plan will be prepared at a scale of 1"=20'and be stamped/sealed by a Massachusetts
PLS. Base plan electronic files will be submitted to include: AutoCAD with all points,Civil 3D TIN surface,
right-of-way, property lines and all survey control.
• Preliminary Layout—Prepare a preliminary design plan over the existing conditions base mapping. Review
the layout with DPW to confirm/approve the scope of work prior to starting Task 2.
Task 2—Final Iesian $35,000.00
The services under this task include the preparation of final design plans, specifications, and an itemized
construction cost estimate to be included in the bid documents and include the following services:
• Site Meeting—Attend a site meeting to perform a detailed constructability review of the preliminary layout
and existing conditions.
• Geometric Design & 3-D Modeling — Design the horizontal / vertical alignment of the intersection
improvements and prepare a 3-Dimensional model to limit impacts beyond the back of sidewalk and verify
proper intersection grading.
• Sidewalk/ADA Compliance Design—Design an asphalt sidewalk with curbing,accessible curb ramps and
driveway aprons to conform with all ADA/AAB requirements. It is assumed that an AAB Variance will not
be required.
• Stormwater Improvements—Design new drainage infrastructure to accommodate the proposed curb-line
locations. It is assumed that the existing trunklines will be maintained and will not be impacted by the
project.
• Traffic Sign/Pavement Marking/RRFB Design—Layout traffic signs, pavement markings and relocate the
existing rectangular rapid Flashing beacon(RRFB)to conform with MUTCD.
• Transit Details —Coordinate with MVRTA regarding the installation of a bus shelter to include location,
concrete pad,manufacturer, installation,etc.
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TEC
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• Right-of-Way Support—Identify the location of any temporary/grading impacts to assist DPW in securing
temporary easements or rights of entry, if necessary. It is assumed that the proposed sidewalk will fit
within the existing public right-of-way, and there will be no permanent impacts to abutting properties
requiring easements.
Deliverables:
a Final Design Plans—The plan set shall include the following plan sheets:
■ Title Sheet,Index, Legend, General Notes
■ Typical Sections and Pavement Notes
■ Construction Plans
■ Temporary Traffic Control Plans
■ Construction Details
■ Cross Sections(50-foot&driveways)
a Specifications — Prepare special provisions for any non-standard items to supplement the
MassDOT Standard Specifications
• Construction Cost Estimate — Prepare an itemized construction cost estimate per MassDOT`s
Standard Bid Item Nomenclature List and trending average unit bid prices.
• Meetings—Attend all project progress and coordination meetings with DPW as necessary to complete the
design.
Task 3—Bid Documents&Bidding Assistance $10,000.00
The services under this task include the preparation of bid documents and assistance during contractor bidding,
and include the following services:
• Bid Documents—Prepare a project manual in the Town's standard format for bidding, request prevailing
wage rates and a list of pre-qualified contractors,and prepare a draft invitation to bid for the Client's use.
Provide the project manual and all supporting documents electronically to the Town's procurement office
for advertisement of the public bid.
• Bidding Assistance—Respond to any contractor questions during the bid, review the contractor bids and
check references if requested, and provide a written recommendation of award to DPW.
Additional services not listed above may be performed at the request of the Client and will be considered an
amendment to this agreement. Services will begin upon signed authorization from the Client. TEC will invoice the
Client monthly on a percent complete basis for the services performed.
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