HomeMy WebLinkAboutContract #: 1538 - From: 08-15-2022 To: 08-15-2023 - Beta Group, Inc. - DPW AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
BETWEEN
THE TOWN OF NORTH ANDOVER, MASSACHUSETTS
AND
BETA GROUP, INC.
THIS AGREEMENT made this 1 day of August, 2022 between BETA Group,Inc., a
Massachusetts corporation with a usual place of business at 315 Park South,Norwood, MA
02062,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$43,500.00. The amount to be paid to the ENGINEER shall not
exceed$43,500.00 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 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
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. Payments 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 Payment, 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 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.
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.
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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. Assigns e_nt: 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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Town Manager Date Si tur Date4rM f
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Town Counsel Date f
CERTIFICATION AS TO AVAILA131LITY OF FUNDS:
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Town A-e o-wtant 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 " e on" shall mean natural person, business, partnership, corporation,
committee,union,club or other organization, entity,or group of individuals.
Signatur Date 8/11/2 0 2 2
Anthony Garro, Sr . `Tice President BETA Group, Inc.
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
Anthony Garroauthorized signatory for BETA Group, Inc.
Nawe uat 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.
8/1 / 02
Signa a ._. Date
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the
BETA Group, Inc.
held on 5/23/2022 it was
VOTED, THAT
Anthony Garro Sr. Vice President
(Name) (Officer)
BETA Group, Inc.
of be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said corporation , and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of BETA Group, Inc. on its
behalf by such officer under seal of Corporation ,shall be valid and binding upon
I hereby certify that I am the clerk of the above named BETA Group, Inc. and
that Anthony Garro is the duly elected officer as above of said
corporation , and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
8/11/2022 ��"�'"
(Date) (Clerk)
8
EXHIBIT A
HAPROVING COM&AUNITIES TOGETHER
April 18, 2022
Mr.John Borgesi
Assistant Director/Town Engineer
Town of North Andover
384 Osgood Street
North Andover, MA,01845
Re: Pavement Management Services
Dear Mr. Borgesi,
BETA Group, Inc. (BETA) is pleased to submit this proposal to continue providing pavement management
services to the Town of North Andover. Based on our recent discussion, it is our understanding that the
Town is seeking to update its Pavement Management Program (PMP) by re-inspecting its road network to
reflect current pavement conditions. As part of this project, we understand that the Town seeks to inspect
its Town Unaccepted and Private roads as well. BETA was initially retained by the Town to develop its PMP
in 2008 and has provided support services since. The PMP to be updated will be a GIS-based platform to
facilitate efficient data collection, thematic mapping and viewing via ESRI based tools. Ultimately, the PMP
will provide the framework for data analysis, prioritization, and capital planning for future roadway projects.
To complete this project,we have developed the following scope of work:
SCOPE OF WORK
TASK 1—SYSTEM UPDATE&ROAD INVENTORY CONFIRMATION
The system configuration/update process can be expedited due to BETA leveraging the existing database
from previous rounds of inspections.As part of this task, BETA will work with the Town to confirm the status
of roadways prior to initiating the field inspection program. BETA will utilize the existing database from the
last round of inspections coupled with the most current MassDOT (Ch. 90) information to ensure the list of
roads to be inspected is up to date. The roadway network is already broken down to the segment level
(typically intersection to intersection), but confirmation of the segmentation will also be included as part of
this task, It is assumed that approximately 150 centerline miles of Town Accepted,Town Unaccepted and
Private roadways will be included in the field inspection program.
As part of this task, BETA will confirm roadway improvement projects completed following the 2020
construction season when the database was last updated. If desired, we will also code plow routes and/or
other maintenance districts to the centerline file to allow for roadway data to be analyzed and presented
accordingly.
TASK 2—FIELD DATA COLLECTION PROGRAM
BETA will leverage its recent partnership with Cyvl.ai to propose the latest in field data capture technology
to collect pavement condition information. The required field inspections will be performed autonomously
utilizing a LiDAR sensor mounted on a vehicle. The vehicle will conduct one pass per roadway segment and
BETA GROUP, INC.
www.BETA-inc.com
Mr.John Borgesi
April 18, 2022
Page 2 of 4
will use LiDAR to develop a point cloud. As the vehicle drives down the roadway, a 3D digital map is
developed and all roadway assets within a 50' radius of the Lidar sensor are scanned and populated.As part
of the data collection, images will be captured, georeferenced and timestamped every 10' section of
roadway. Once the data has been collected for all roads included in the project, Cyvl.ai's proprietary
algorithms and Ai machine learning technology is run to identify pavement surface distresses such as cracks,
potholes, seals, patches,and pavement oxidation.
Upon completion of the data postprocessing,the previously defined roadway segments are then rated using
an industry standard 0-100 scale. CyvLai will also provide a layer identifying pothole locations as part of the
deliverable.The data and photographs will then be integrated into BETA's ManageMyRoads platform and
deployed to the Town.
Please note:if the data is captured in 2022, CyvLai will also locate traffic signs,street trees and curb ramps
and provide as a deliverable in G!S Format to be integrated into the ManageMyRoads platform. This data
can be utilized as the foundation for other roadway asset assessment and management programs.
BETA has developed a thorough data review process to ensure the quality of the pavement management
data. To complete this process, BETA will have an experienced Pavement Inspector review representative
photographs across the roadway network with the goal of confirming roadway segment ratings.This process
includes comparing the current information to legacy pavement management data if available. An Excel
based log will be created identifying roadway segments that were reviewed.
TASK 3—DATA ANALYSIS&TREATMENT SELECTION
The pavement management process is conducted with the intent to keep the roadway system in the best
possible condition with the most efficient use of available funds.There are distinct advantages to managing
the network's pavement condition and significant cost savings that can take place with preventative
maintenance or rehabilitation measures rather than waiting until a road needs reconstruction.
Utilizing the Road Surface Rating (RSR), each roadway will be placed into a "repair category" which is
designed to, in general, show the type of repair which should be performed on the roadway. An estimated
unit cost will be associated with each repair category allowing for a network backlog of work to be
calculated.
This initial backlog figure will act as the Town's benchmark for progress moving forward and will be classified
into the following categories:
• No Maintenance Required
• Routine Maintenance(Crack Seal, Fog Seal)
• Preventative Maintenance(Microsurfacing,Chip Seal,Thin Asphalt Overlay)
• Minor Rehabilitation (Mill and Overlay, Hot-In-Place Recycling,Cold-In-Place Recycling)
• Major Rehabilitation(Full-Depth Reclamation, Reconstruction)
The Town will be able to utilize BETA as a resource with respect to the selection of specific repair methods,
design standards and associated unit costs for consideration during the prioritization process. This will
facilitate the establishment of a series of specific repair strategies, as mentioned above, to streamline the
BETA GROUP,INC.
www.BETA-Inc.com
Mr.John Borgesi
April 18, 2022
Page 3 of 4
repair assignment and budgeting process. The Town will have the ability to refine these repair strategies
annually by updating the roadway database as improvements are made. This will prove helpful to track the
success rate of each repair type and associated unit costs at the segment level.
This task will include the following deliverables:
• Existing Conditions Reports
• Corresponding GIS Roadway Maps
• Summary of Findings
• Cost Benefit Value(CBV) Report
TASK 4—SYSTEM DEPLOYMENT&SUPPORT SERVICES
BETA will update the Town's existing ManageMyRoads Platform to its latest version of the software to
reflect current pavement conditions following the pavement assessment.This will allow the Town the ability
to view and interact with all data that pertains to pavement and any other assets that they wish to view in
AGOL. ManageMyRoads is BETA's Pavement Management Platform and is designed to be flexible, simple to
operate,and expandable with integrated GIS capabilities. Links exist in the AGOL interface to allow the Town
to access their client portal where reports and analysis tools reside for the Town to better understand
pavement improvements pertinent to their roadway network.
The support services program is designed to act as an avenue for technical support for the Town. This
typically includes tracking roadway improvements, candidate selection for maintenance and rehabilitation
techniques, adjusting the Town's roadway improvement plan and other miscellaneous requests. Services
that can be covered under this support agreement include but are not limited to:
• Updating the pavement management database with the most recent roadway history,this includes
upgrading the database to the latest version
• Assist with developing and/or updating Capital Improvements Plans (CIPs) based on budget
requirements, unit prices and new priorities.
• Additional updates and customization to the AGOL ManageMyRoads Platform based on requests
from the Town, including integrating other roadway assets and GIS layers.
• RSR Forecast Modeling
• Miscellaneous GIS requests and maps
• System Training
This task will include the following deliverables:
• Updated ManageMyRoads Platform/Portal
• Miscellaneous Tasks as part of the Support Services Program
*We have assumed 40 hours for this task
BETA GROUP,INC.
www.BETA-[nc.com
Mr.John Borgesi
April 18, 2022
Page 4 of 4
FEE PROPOSAL
For the purposes of this proposal, we have structured the fee as a lump sum,which is broken down into the
following tasks below.
1:System Update & Road Inventory Confirmation $3,000
2:Field Data Collection Program $28,500
3: Data Analysis&Treatment Selection $7,000
4:System Deployment&Support Services $S'000
Thank you for the opportunity to continue to assist the Town of North Andover with the further
development of its Pavement Management Program. If you have any questions or require additional
information on this proposal, please feel free to contact me at(508)769-2807.
Sincerely,
BETA GROUP, INC.
Anthony J. Garro
Senior Vice President
GIS&Asset Management Services
cc: Peter Dadarria
Your signature on a copy of this correspondence, returned to this office,will be considered acceptance of the scope of work and fee
contained herein,and as authorization to proceed.
Signature
Name
Titie
Date
BETA GROUP,INC.
www.BETA-Inc.com