HomeMy WebLinkAboutContract #: 1575 - From: 12-15-2022 To: 03-30-2023 - The Morin-Cameron Group - Town Manager Town of North Andover Dec 14, 2022 4
CONTRACT FOR LAND SURVEY SERVICES
This contract is entered into between
The Morin-Cameron Group,Inc.(MCG)a Massachusetts corporation with an address of 66 Elm Street, Danvers, MA and the
Town of North Andover (Client), a municipal corporation with an address of 120 Main Street, North Andover MA. under the
following terms and conditions.
1. The scope of services provided is set forth in Attachment D('Proposal")and will commence upon receipt of a
signed Agreement.
2. The not to exceed figure for these services is$28,000.
3. Term:The Parties recognize that time is of the essence,and that all services will be concluded no later than 14 weeks
following commencement of services
4. Billings/Payments: Invoices will be monthly by MCG, in MCG's standard format, to the CLIENT for services and
reimbursable expenses and, unless other submitted mutually satisfactory arrangements have been made between
the CLIENT and MCG, are due upon receipt. The invoices shall be considered past due if not paid within 90 days
after the invoice date and MCG may,without waiving any claim or right against the CLIENT, and without liability
whatsoever to the CLIENT or others,suspend the performance of services. A finance charge will be assessed in the
amount of 1.5% per month on unpaid balances. In the event any portion of the account remains unpaid 60 days
after billing, the CLIENT shall pay MCG's collection costs, including reasonable attorney's fees. If the CLIENT fails
to make payment to MCG in accordance with the payment terms herein,this shall constitute a material breach of
this Agreement and shall be cause for termination by MCG. Payment of invoices is in no case subject to unilateral
discounting or set offs by the CLIENT, and payment is due regardless of suspension or termination of the
Agreement by either party.
S. Access to Site: Unless otherwise stated, MCG will have access to the Site for activities necessary for the
performance of the services; such access will be arranged by the CLIENT. The CLIENT understands that use of
testing or other equipment may unavoidably cause some damage, MCG will take precautions to minimize damage
due to these activities, but shall not be held responsible for the restoration of any resulting damage.
6. Information Provided by Others: The CLIENT shall furnish,at their own expense,all information, requirements,
reports, data, surveys and instructions required by this agreement. MCG may use all such information,
requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the
accuracy and completeness thereof.
7. Jobsite Safety: Neither the professional activities of MCG, nor the presence of MCG or its employees and
subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,
duties, and responsibilities including, but not limited to, construction means, methods, sequence,techniques, or
procedures necessary for performing, superintending, or coordinating all portions of the work of construction in
accordance with the contract documents and any health or safety precautions required by any regulatory agencies.
MCG and its personnel have no authority to exercise any control over any construction contractor or other entity
or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the
General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in
the CLIENT's agreement with the General Contractor. The CLIENT also agrees that the CLIENT, MCG, and MCG's
consultants shall be indemnified and shall be made additional insured under the General Contractor's general
liability insurance policy.
8. Hidden Conditions and Hazardous Materials: A condition is hidden if it cannot be investigated by reasonable
visual observation or records reviewed as customary in the performance of the services being rendered. If MCG
has reason to believe that such a condition may exist, MCG shall notify the CLIENT who shall authorize and pay for
costs associated with the investigation of such a condition and, if necessary, costs necessary to correct said
condition. If(1)the CLIENT fails to authorize such investigation or correction after due notification,or(2) MCG has
no reason to believe that such a condition exists, the CLIENT is responsible for all risks associated with this
condition, and MCG shall not be responsible for the existing condition nor any resulting damages to persons or
property. Unless specifically agreed upon prior to the commencement of service,MCG shall have no responsibility
Town of North Andover Dec 14, 2022 5
for the discovery,presence,handling,removal,disposal,or exposure of persons to hazardous materials of any form.
9. Buried Utilities: MCG and/or its authorized subconsultant will conduct the research that in its professional
opinion is necessary with respect to the assumed locations of underground improvements. Such services by MCG
or its subconsultant will be performed in a manner consistent with the ordinary standard of care. The CLIENT
recognizes that the research may not identify all underground improvements and that the information upon which
MCG relies may contain errors or may not be complete. The CLIENT agrees,to the fullest extent permitted by law,
to waive all claims and causes of action against MCG and anyone for whom MCG may be legally liable,for damages
to underground improvements resulting from subsurface penetration locations established by MCG.
10. Defects in Service: The CLIENT shall promptly report to MCG any defects or suspected defects in MCG's services
of which the CLIENT becomes aware,so that MCG may take measures to minimize the consequences of the defect.
Failure by the CLIENT and the CLIENT's contractors and subcontractors to notify MCG shall relieve MCG of the costs
of remedying the defects above the sum such remedy would have cost had prompt notification been given when
such defects were first discovered.
11. Indemnifications: MCG agrees to the fullest extent permitted by law,to indemnify and hold the CLIENT harmless
from any and all damage, liability or cost (including reasonable attorneys' fees and defense costs) to the extent
caused by MCG negligent acts,errors or omissions and those of anyone forwhom they are legally liable,and arising
from the project that is the subject of this agreement..
12. Risk Allocation: MCG's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages, or
claim expenses arising out of this Agreement, from any cause or causes, shall not exceed the total amount of the
funds available in the insurance policy.
13. Dispute Resolution: Any claim or dispute between the CLIENT and MCG shall first be submitted to non-binding
mediation,subject to the parties agreeing to a mediator(s).In the event that non-binding mediation is unsuccessful,
the Parties agree that this Contract shall be governed by the laws of the Commonwealth of Massachusetts.
14. Ownership of Documents: All documents produced by MCG under this agreement, either original or digital, are
Instruments of service with respect to the Project. These documents shall not be reused on any other project or
for any other purpose without the express written consent of MCG. The Client agrees to indemnify and hold
harmless MCG from any claims that arise due to the unauthorized reuse, misuse or alterations of the work
documents. Any alterations or adaptations to the project documents requested by a third party shall entitle MCG
to reimbursement at rates to be agreed upon by MCG and the third party seeking to reuse the project documents.
15. Electronic Documents:If any information hereunder is provided in electronic format,the CLIENT recognizes that
such plans, documents or other information recorded on or transmitted as electronic media, including CAD
documents("Electronic Documents")are subject to undetectable alteration,either intentional or unintentional,due
to, among other causes, transmission, conversion, media degradation, software error, or human alteration.
Accordingly, the Electronic Documents are provided to the CLIENT for informational purposes only and not as
record documents.
16. Unauthorized Changes: In the event that the CLIENT consents to, allows, authorizes, or approves of changes to
any plans, specifications, or other documents, and MCG does not approve these changes in writing, the CLIENT
recognizes that such changes and results thereof are not the responsibility of MCG. Therefore,the CLIENT agrees
to release MCG from any liability arising from the construction, use, or result of such changes. MCG shall not
unreasonably withhold approval.
17. Governing Law: The CLIENT and MCG agree that all disputes arising out of or in any way connected to this
Agreement, its validity, interpretation and performance, and remedies for breach of contract, or any other claims
related to this Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
18. Assignment: Neither party to this Agreement shall transfer, sublet, or assign any rights under or interest in this
Agreement(including but not limited to monies that are due or monies that may be due)without the prior written
consent of the other party.
Town of North Andover Dec 14, 2022 6
19. Subconsultants: MCG may use the services of subconsultants when, it is appropriate and customary to do so;and
where the CLIENT has agreed in writing to the use of a subconsultant.
20. Extent of Agreement: This Agreement comprises the final and complete agreement between the CLIENT and
MCG. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral
or written, relating to the subject matter of this Agreement. Execution of this Agreement signifies that each party
has read the document thoroughly, has had any questions explained by independent counsel, and is satisfied.
Amendments to this Agreement shall not be binding unless made in writing and signed by both the CLIENT and
MCG.
21. Additional Services: Services not explicitly detailed in this Agreement will be considered additional and subject
to increased project fees. Additional services will not be provided without the CLIENT's prior authorization to
proceed.
22. Termination: The CLIENT may terminate this Agreement upon 10 calendar day's written notice. In the event of
termination, the CLIENT shall pay MCG for all services rendered to the date of termination, all reimbursable
expenses incurred to date.
23. Severability: Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void,
and all remaining provisions shall continue in full force and effect.
24. Timeliness: MCG will perform its services with due and reasonable diligence consistent with sound professional
practices.
25. Delays: MCG is not responsible for delays caused by factors beyond MCG's reasonable control. When such delays
beyond MCG's reasonable control occur,the CLIENT agrees MCG is not responsible for damages,nor shall MCG be
deemed to be in default of this Agreement. Such delays include but are not limited to,change in scope of services,
riots,civil disturbances,fires,acts of God,inclement weather,delays in receipt of information from others,or delays
of payments by the Client. In the event that MCG is responsible for the delays, MCG is proven liable for damages
arising out of, or caused by such delay, including but not limited to actual and consequential damages.
26. Titles: The titles used in this Agreement are for general reference only and are not part of the Agreement.
27. Design Without Construction: It is understood and agreed that MCG's Scope of Services under this Agreement
does not include project observation or review of the Contractor's performance or any other construction phase
services, and that such services will be provided for by the Client. The Client assumes all responsibility for
interpretation of the Contract Documents and for construction observation and the Client waives any claims against
MCG that may be in any way connected thereto.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless MCG, its
officers, directors, employees and subconsultants (collectively, MCG) against all damages, liabilities or costs,
including reasonable attorneys'fees and defense costs,arising out of or in any way connected with the performance
of such services by other persons or entities and from any and all claims arising from modifications, clarifications,
interpretations, adjustments or changes made to the Contract Documents to reflect changed field or other
conditions, except for claims arising from the sole negligence or willful misconduct of MCG.
If the Client requests in writing that MCG provide any specific construction phase services, and if MCG agrees in
writing to provide such services,then they shall be compensated for as Additional Services as provided herein.
Town of North Andover Dec 14, 2022 12
This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals
hereto:
Dated:
f
The Town of North Andover by:
Town Manager
1
epartmentbi sio Head
�Q, IYM
Town ccountant
Certified as to Appropriation
Town Counsel
The Contractor (The Morin-Cameron Group, Inc.) by:
Survey Manager's Authorized Signature Date
Town of Borth Andover Dec 14, 2022
ATTACHMENT "A"
i
r
Town of North Andover Dec 14, 2022 8
ATTACHMENT "B"
LAND SURVEY REQUIREMENTS
1. Pro perty/Boundary/Cadastral Land Survey
a. Show bearings, distances, radii and length of all property lines.
b. Show boundary monumentation found.
c. Run closed loop traverse with a minimum 1/100 closure.
d. All rights of way, and easements shall be located and shown.
e. Provide a zoning table illustrating the land use, and all of the requirements therein.
f. Show the setbacks associated with the zoning on the survey plan.
2. Utility/Drainage/Sewer Survey
a. A "Level C" SUE survey criteria is required.
b. All pipe inverts, size, diameter, geometric dimensions, material and flow direction
shall be provided.
c. All Utility structures, ie. catch basins, manholes, culverts, rim or top of structure
elevations shall be provided.
d. All utility, light and any other type of poles shall be shown.
e. Electrical,telephone, cable conduits under and above grade shall be shown.
f. Gas pipes.
g. Where below ground utilities are shown by record indicate on the plan.
h. Show fire hydrants.
i. Show overhead wires.
3. Topographic Survey
a. Provide 1 ft contour intervals.
b. Perform in NAVD (North American Vertical Datum) 1988 vertical datum.
c. Spot elevations at all high and low points in the topographic area.
d. Set 3 permanent benchmarks within the survey area.
e. Show limits of 100 year flood elevation.
f. Obtain finished first floor building elevation within the survey area.
4. Planimetric Survey
a. Perform the survey to the scale accuracy of 1" = 20'.
b. Perform survey in NAD (North American Datum) 1983, Massachusetts State Plane
Coordinate system.
c. Locate all structures including building foundations (with overhangs), retaining walls
(spot elevations at the top and both sides of the bottom), fences, sidewalks, edge of
pavements, curbs, signs (note text and figure), bollards, etc.
d. Any areas of surface water ponding.
e. Any existing natural drainage features, streams, creeks, rivers, ponds, lakes,
waterways, etc.
f. Location of all trees 6" inch caliper or greater.
Town of North Andover Dec 14, 2022 9
g. Location of shrubs and bushes.
h. Show all pavement markings.
L Show all surface treatments.
j. Indicate type and material of curbing.
k. Show mail boxes.
1. Show concrete or granite posts.
S. Deliverables
a. Coordinate with the team architect and civil engineer to determine sheet layout.
b. Submit an AutoCAD Civil 3D version 2020, or more recent version, dwg file.
c. Provide the survey surface model (TIN), and provide the survey traverse in the dwg
file.
d. Provide 3 hard copy survey plans, signed and sealed by a licensed Massachusetts
land surveyor.
Town of North Andover Dec 14, 2022 10
ATTACHMENT "C"
(Additional Survey Requirements)
1. Location of mature trees within the vicinity of the addition
2. Location and elevations of any access/egress points to remain.
3. Surface edges, materials, and limits of existing paved areas within the scope area.
4. Curbing within limits.
5. Spot elevations along walkways/egress for ADA study.
6. Any specialty features—plaza elements, walls, etc.
7. Grades of lawn area between school and Chickering Rd.
8. Street light locations along Chickering Rd.
9. Fencing (type& height)within scope area.
10. Elevation of upper field edge and bottom of slope.
11. All property lines (distance and bearings) including drill holes, stakes, concrete bounds,
stone walls, iron pins, stone bounds and pipes, benchmarks, easements, right-of-ways
within the Area to be Surveyed.
12. Names of all abutting streets and property owners.
13. Complete topographic and land survey for roads (within area to be surveyed) including
edge of pavement and type, spot elevations (edges of pavement, top and bottom of
existing curbs), one (1) foot contour lines and all existing utilities.
14. All existing manmade structures above ground including buildings with floor, entrances
and roof elevations, steps and walls, signs, poles, fencing, monuments, stands, etc. For
buildings include elevations of basement and all floors.
15. All existing natural features such as wetlands, ledge outcroppings, individual trees equal
or exceeding twelve (12) inches in diameter at breast height, type (Maple, Pine, etc.), edge
of woods, hedge rows, etc.
16. Description of all ground surfaces: paved, grass, gravel, etc.
Town of North Andover Dec 14, 2022 11
17. Spot elevations taken over the entire site, sufficient to establish accurate and complete
description of the ground surface for contours to be drawn at one (1) foot intervals, spot
elevations for all existing structures at exterior corners, spot elevations for all roof
elevations, including corners and roof drains spot elevations for ledge outcroppings and
other important physical features, to include top and bottom of walls, top and bottom of
fence designations, etc. NOTE: All spot elevations shall be to the nearest tenth of a foot
on ground surface and to the nearest hundredth of a foot on pavements, curbs, inverts
and other critical points.
ATTACHMENT 44 sx PROPOSAL"')
THE ORIN— AME ON GROUP9 INC.
25 Kenoza Ave., Haverhill, MA 01830
978.373.0310
www.morincarneron.com
Land Survey Services
For the Property Located at
495 Main Street
North Andover, MA
Prepared for.•
Laurie Burzlaff
Director of Administrative Service
Town of North Andover
Submitted by.-
THE MORIN-CAMERON GROUP, INC.
25 Kenoza Ave.
Haverhill, MA 01830
December 14, 2022
The Morin-Cameron Group, Inc. (MCG) is pleased to provide you with this proposal for
professional land surveying relating to the above referenced property, for the terms and
conditions contained herewith.
This Agreement contains Part I: description of the project, scope of services, compensation and
timing of the services and Part II: Professional Services Terms and Conditions which together are
the general terms of the engagement between Town of North Andover hereinafter called the
"CLIENT," and The Morin-Cameron Group, Inc. ("MCG').
PART I
SCOPE OF SERVICES
MCG will provide all field and office work necessary to prepare an Existing Conditions Survey Plan
which will be limited to an area which has been specified by the client and attached hereto (See
Attachment "A"). For a specific list of the survey requirements requested by the client which are
to be performed by MCG, see Attachment "B" which was provided by the client. In addition to
those requirements stated in Attachment "B", MCG will also perform the following work as
requested by the client as provided to MCG under a separate listing (See Attachment "C") with
exception of any items which may be duplicated on Attachment "B". Also excepting from
Attachment "B", section 5 ("Deliverables"), item b. The drawing format (".dwg") provided by MCG
shall be Carlson Survey 2021 with 2018 Autocad.
Town of North Andover Dec 14, 2022 2
DELIVERABLES
1. Client will be provided with 3 hard copies of an Existing Conditions Plan which has
been signed and sealed by a Massachusetts Professional Land Surveyor.
2. Client will also be provided with a 2018 version AutoCad drawing which includes
the survey surface model(TIN) and survey traverse control and linework.
COMPENSATION
The estimated fee for the Scope of Services described is $28,000.
Billing will occur on a time charge basis and is based on the attached hourly rate schedule.A signed
agreement is required prior to the commencement of services herein. The Client will be billed
monthly for work in progress.
The estimated fee for the project is based upon the anticipated level of effort to complete the
project scope described herein. Any changes to the project scope, either as directed by the Client
or Client representative, by the approving agencies or by a 3rd party consultant will be considered
a change in the scope of services and may be subject to additional charges if the time required to
accommodate said changes exceeds the estimated fees outlined herein. Upon the Client's written
request, MCG can provide a written estimate for any services in addition to what is specified herein.
SCHEDULE
The total time expected to complete all fieldwork and provide deliverables is estimated at 14 weeks
from authorization.
Town of North Andover Dec 14, 2022 3
2022 RATE SCHEDULE
HOURLY FEE SCHEDULE FOR PROFESSIONAL SERVICES
Principal.....................................................................................................$235
Engineering or Surveying Director...........................................................$200
Engineeringor Surveying Manager..........................................................$150
Professional Engineer/Professional Land Surveyor..............................$135
ProjectEngineer..................................................................._........................................... 110-$125
ProjectSurveyor ................................................................................................................. 1004125
Engineering Design Technician........................-........................................................ 4 1
05
SurveyingTechnician .....................................................................................................
Draftsperson ...................................................................................-....................................
SurveyCrew, Robotic Assistance.............................................................$150
SurveyCrew,Two-Man..............................................................................$165
SurveyCrew,Three-Man............................................................................$185
Surveyor,G .............................................................................................$190
SurveyCrew, GPS.......................................................................................$225
Soil Testing(Licensed Soil Evaluator)......................................................$100
SoilTesting (Assistant)..............................................................................$65
PermittingCoordinator.............................................................................$100
AdministrativeSupport.............................................................................$65
OTHER SERVICES
Public Meeting(Engineer, 3-hour min.charge)......................................$550/mtg.
Other Meeting(Engineer,2-hour min.charge).......................................$350/mtg.
Environmental Monitoring,each inspection...........................................$300 LS
MINIMUM CHARGES
• Field work will be billed at 4-hour minimum increments. ie:2 hours of field work will be
invoiced at 4-hours. 5 hours of field work will be invoiced at 8 hours.
• Reimbursable expenses will be invoiced at cost.
• Subcontracts will be invoiced at cost plus 15%.
• Work on weekends and any overtime will be invoiced at the rates listed herein plus 30%.
REIMBURSABLE EXPENSES
Printing (24 x 36 plan black&white)......................................................$3.50/print
Printing (24 x 36 plan color).....................................................................$5/print
Printing (22 x 34 plan black&white)......................................................$3/print
Printing(18 x 24 plan black&white)......................................................$3/print
Photocopy Printing(8.5 x 11 black&white)..........................................$0.25/page
Photocopy Printing(8.5 x 11 color).........................................................$0.50/page
Photocopy Printing(11 x 17 black&white)...........................................$0.35/page
PhotocopyPrinting(11 x 17 color)..........................................................$0.75/page
Regular Presentation Board (24 x 36)......................................................$10/print
High Gloss Presentation Board(24 x 36).................................................$25/print
MylarPlans.................................................................................................$15/print
Mileage.......................................................................................................$0.56/mile