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HomeMy WebLinkAboutContract #: 1598 - From: 03-28-2023 To: 06-30-2024 - Environmental Partners - DPW CONTRACT NO. V" VENDOR NO. 12713 CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER This CONTRACT made and entered into on Q?l day of March, 2023, by and between Environmental Partners Group, LLC a Massachusetts corporation with a usual place of business at 1900 Crown Colony Drive, Suite 402, Quincy, MA 02169, "ENGINEER" and the Town of North Andover (the "TOWN") a municipal TOWN duly established by law and located at 120 Main Street, North Andover, Essex County, in the Commonwealth of Massachusetts. WHEREAS, the TOWN sought a priced proposal for professional Engineering services related to the design and bidding of the proposed Gas Impact Area Roadway and Sidewalk Restoration— Contract Areas 3 &4. WHEREAS, the ENGINEER represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: -I- The ENGINEER will complete the "Scope of Services" as set forth in the ENGINEER's proposal dated December 2, 2022 and current fee schedule, attached as Exhibit A. This Contract will commence upon execution and terminate on June 30, 2024. Time is of the essence for this Contract. Any extensions of time must be in writing and are at the sole discretion of the TOWN. -2- The Priced Proposal, all required Certifications, and all Insurance Binders are incorporated herein and made part of this Contract. -3- Total payment under this Contract shall not exceed the sum of$107,000 Dollars. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the ENGINEER for breach of this Contract. -5- The ENGINEER agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- Such services under this Contract will be performed as expeditiously as possible in a good and professional manner under the supervision of, and to the satisfaction of the Department Head in the TOWN.The ENGINEER states that it is qualified,and is in all relevant aspects, in good standing. The ENGINEER certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. The 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 as will ensure completion in a timely manner. The ENGINEER shall use their best skills and attention, which shall not be less than such state of skill and attention generally rendered by the ENGINEER/design professional for projects similar to this Project in scope, difficulty and location. Consistent with the referenced standard of care, 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. 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. Neither the TOWN's review, approval or acceptance of 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. -7- The ENGINEER shall produce One (1) reproducible copy of all drawings, plans, specifications and other documents prepared by the ENGINEER which 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 2 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. -8- 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. -9- The ENGINEER shall give its personal attention constantlyto the faithful performance of the work and shall keep the same under its personal control and shall not assign nor sublet the work or any part thereof without the previous written consent of the TOWN and shall not, either legally or equitably, assign any of the monies payable under this Agreement or its claim thereto unless by and with the written consent of the TOWN. The ENGINEER shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility,obligation, duty or interest under this Contract without the written approval of the TOWN. Any authorized subcontract entered into by the ENGINEER for the purposes of fulfilling the obligations under this Contract must shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the ENGINEER from any duty, obligation, responsibility or liability arising under this Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. -10- The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person, and in full conformity with MGL c.268A. As used in this certification, the word "person" shall mean any 3 natural person, business, partnership, corporation, union,committee,club or other organization, entity, or group of individuals. -11- It is further agreed by the ENGINEER that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the ENGINEER'S performance or non-performance of this Contract, then the ENGINEER, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the ENGINEER'S negligent acts or omissions in performance or non-performance of the Agreement. To the full extent permitted by law, no official, employee, agent or representative of the TOWN of North Andover shall be individually or personally liable on any obligation of the TOWN under this Contract. The TOWN acknowledges that the ENGINEER is a limited liability company and agrees that any claim made by the TOWN arising out of any alleged act or omission of any director, officer or employee of the ENGINEER in the execution or performance of this Agreement, shall be made against the limited liability company and not against such director, officer or employee or any other individual associated with the ENGINEER. -12- It is further agreed that the TOWN may terminate this Agreement without cause, upon fourteen (14) days' written notice to the other party, sent by certified mail, to the usual place of business of the other party. The TOWN may also terminate this Agreement at any time for cause. To the full extent permitted by law, no official, employee, agent, or representative of the TOWN shall be individually or personally liable on any obligation of the TOWN under this contract. -13- It is understood and agreed by the TOWN and the ENGINEER that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment under this contract. If requested by the ENGINEER a copy of the Contract Performance Record Form shall be furnished to the ENGINEER. -14- The ENGINEER certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -15- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state, and local, which are applicable to this contract, and services provided to a public entity; and it is 4 presumed that the ENGINEER is cognizant thereof. Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. -16- The ENGINEER shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN; all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencement of work hereunder the ENGINEER agrees to furnish the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by ENGINEER's insurer, the notice will be provided by the ENGINEER." The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. For the purpose of the Contract, the ENGINEER shall carry the following types of insurance in at least the limits specified below. • Workers' Compensation—the required statutory amount • Employer's Liability—$500,000 • Bodily Injury& Property Damage Liability Except Automobile—$500,000 • Automobile Bodily Injury& Property Damage Liability—$1,000,000 combined single limit for each accident. • Excess Umbrella Liability—$5,000,000 for each occurrence The coverage shall be in force from the time of the agreement to the date when all the 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. -17- The ENGINEER will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The ENGINEER shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, 5 promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. -18- The ENGINEER will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. If applicable, the ENGINEER will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The ENGINEER will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the information described in General Laws c149, §2713. -19- At any time during normal business hours, and as often as the TOWN may deem it reasonably necessary, there shall be available in the office of the ENGINEER for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -20- This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment. -21- Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the ENGINEER shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN of North Andover by being sent to the TOWN Manager,TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845. 6 IN WITNESS WHEREOF the parties have hereto and to one other identical instrument set forth their hands the day and year first above written. THE TOWN THE ENGINEER Environmental Partners Group, LLC. Department Head Name of Firm Date: Date: 3/27/2023 Melissa Murphy-Rodrigues , by: t 6n6&Title TOWN Manager Ryan J. Trahan, President Date: Date: 3/27/2023 Federal Identification No.:043378308 APPROVED AS TO FORM: Christine P. O'Connor,TOWN Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Lyne tavage,TOWN Accou Date 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 Date 3-27-2023 1 Ryan J. Trahan, President Environmental Partners Group, LLC Print Name &Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Ryan J. Trahan , authorized signatory for Environmental Partners Group, LLC Name of individual Name of ENGINEER do hereby certify under the pains and penalties of perjury that said ENGINEER 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 ENGINEERS, and withholding and remitting child support. 1/7 3-27-2023 Sign re Date 8 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Environmental Partners Group, LLC held on 7-23-2021 it was VOTED, THAT Ryan J. Trahan President (Name) (Officer) of Environmental Partners Group, LLC be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Environmental Partners Group,LLC , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Environmental Partners Group, LLC on its behalf by such officer under seal of Environmental Partners Group, LLC shall be valid and binding upon Environmental Partners Group, LLC I hereby certify that I am the clerk of the above named Environmental Partners Group,LLC and that Ryan J. Trahan is the duly elected officer as above of said Environmental Partners Group,LLC and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 3-27-2023 (Date) Clerk) 9 EXHIBIT A ENVIRONMENTAL PARTNERS December 2, 2022 Mr.Jim Stanford Director Department of Public Works 384 Osgood Street North Andover, MA 01845 Attn:John Borgesi, Assistant Director/Town Engineer RE: Gas Impact Area Roadway and Sidewalk Restoration -Contract Areas 3&4 Dear Mr.Stanford, Environmental Partners Group, LLC ("Environmental Partners") is pleased to submit the following Scope of Services and fee to the Town of North Andover ("the Town") for professional services associated with preparing bid documents for the rehabilitation of the following roadways and sidewalks impacted by gas pipeline repairs in 2018: Contract Area #3 Street From To Length (LF) Buckingham Road Middlesex Street Lyman Road 765 Cabot Road Norman Road Saltonstall Road 410 Chapin Road Buckingham Road Middlesex Street 530 Edmands Road Herrick Road Lyman Road 480 First Street Waverly Road Main Street 800 Herrick Road Waverly Road Middlesex Street 1,670 Middlesex Street Waverly Road Pilgrim Street 1,630 Milton Street Third Street Pilgrim Street 650 Morris Street Second Street Middlesex Street 600 Norman Road Waverly Road Buckingham Road 420 Richardson Avenue Third Street Pilgrim Street 640 Saltonstall Road Waverly Road Herrick Road 620 Second Street Waverly Road Maple Avenue 600 Silsbee Road Herrick Road Lyman Road 550 Third Street Middlesex Street Richardson Avenue 520 Page 2 of 9 Contract Area #4 Street From To Length (LF) Bradstreet Road Greene Street Park Way 320 Greene Street Parker Street Middlesex Street 1,260 Lyman Road Young Road Richardson Avenue 1,470 Middlesex Street Lyman Road Greene Street 990 Mifflin Drive Putnam Road Middlesex Street 1,070 Milton Street Pilgrim Street Middlesex Street 220 Park Way Bradstreet Road Main Street 300 Pembrook Road Lyman Road Parker Street 1,610 Sawyer Road Pembrook Road Middlesex Street 680 Tavern Road Park Way Main Street 860 Tyler Road Pembrook Road West Woodbridge Road 470 West Bradstreet Road Mifflin Drive Greene Street 690 West Woodbridge Road Mifflin Drive Greene Street 810 Woodbridge Road Greene Street End 610 Refer to the attached figure for work planned in 2023(Attachment A). The project will be treated as a "book job" given the minor anticipated level of change from existing conditions. For the Saltonstall Road/Cabot Road intersection and the Herrick Road/Saltonstall Road intersection, where the Town is considering the implementation of geometric changes and traffic calming measures, conceptual-level design plans will be prepared to provide general intent for construction. The proposed services for the above-listed roadways include sidewalk and limited drainage upgrades, bid document preparation, meeting attendance, and bid phase support services as specified herein. Construction phase services will be included at a later date by amendment at the Town's request. The Scope of Services is outlined below: Task 1 -Aerial Survey& Base Plan Preparation 1. Aerial Survey and Base Plan Preparation a. In order to provide approximate horizontal and vertical information for the design of the Saltonstall Road/Cabot Road intersection and the Saltonstall Road/Herrick Road intersection, an abbreviated aerial survey will be completed utilizing a real-time kinematics (RTK) aerial drone with an unmanned aerial vehicle (UAV) to survey the two empartn r.s r;:c'ri,.n Page 3 of 9 intersections and adjacent areas. The UAV corrects the positional accuracy of the onboard GPS in real-time (during the flight) by connecting to a virtual reference station (VRS). The RTK / VRS system is commonly used in conventional manned GPS survey equipment and typically produces up to 3cm horizontal and 5cm vertical accuracy.Since a more accurate base plan is not anticipated to be necessary as part of this design efforts, this Scope of Services does not include a more precise topographic field survey typically required for detailed engineered design. The flight and all mapping produced from the flight will be prepared in accordance with the 2014 American Society for Photogrammetry and Remote Sensing Accuracy Standards. b. The Scope of Services assumes that the survey will extend 15 feet from the edge of pavement along the following survey limits: o Along Saltonstall Road,the survey will extend from Waverly Road to 50 feet south of Herrick Road, a total length of approximately 700 feet. o Along Herrick Road, the survey will extend 50 feet south of the Saltonstall Road intersection to 150 feet north of the intersection,a total length of approximately 200 feet. o Along Cabot Road, the survey will extend from Saltonstall Road to 50 feet north of the intersection, a total length of approximately 50 feet. C. Environmental Partners will coordinate a mutually agreeable flight day with the Town, recognizing that rain, heavy snow cover, high winds, and dense fog are limiting weather fa cto rs. d. The survey will result in an AutoCAD Civil 3D 2018 or later file with one-foot contour interval mapping and an ortho-image electronic file(SID format)with approximately 1.2" /pixel ground resolution and 20-scale mapping. e. The resulting base plan will be limited to providing existing contours and grades to create an existing conditions surface for use in generating critical cross sections in AutoCAD for rough grading purposes. Supplemental on-the-ground survey will be performed utilizing GPS equipment to collect visible existing features within the right of way, such as utility poles, signs, utility structures; this information will be included on the base plan. f. Approximate right-of-way and property line information will be shown on the base plan based on available GIS information only. Precise right-of-way and property line information adequate for easement or land acquisitions is not anticipated or included; rwar par'..G.nerws,con Page 4 of 9 individual parcel surveys to locate precise right-of-way or property lines are not included. g. Wetland areas are not anticipated within 100 feet of construction; therefore, wetland flagging is not included. h. The survey shall include a Triangulated Irregular Network(TIN)surface, compatible with Civil 3D,including border polyline and fault data for topographic information. Elevations will be provided including at the centerline and roadway edge lines. i. Utility information provided by the Town will be included on the base plans, including pipe sizes and outlet pipes. j. Any required police or traffic details shall be provided by the Town and are not included in the provided fee. Task 2- Concept Development&Site Visits 1. General a. Environmental Partners will develop one (1) conceptual design for each roadway for discussion with the Town before proceeding to the book job preparation. 2. Concept Development&Site Visits a. Environmental Partners will prepare base plans for the above-listed roadways using aerial photography or plans provided by the Town. b. Environmental Partners will perform site visits along the above-listed roadways to assess existing conditions and constraints in general terms and to identify proposed treatments. c. Environmental Partners will prepare one (1) conceptual design for each roadway for discussion with Town representatives. Each concept will include a typical cross section and a basic plan showing general intent for discussion purposes. Assumptions 1. No wetland resources are anticipated within 100 feet of the anticipated construction limits. Thus, environmental permitting is not included in this Scope of Services. Page 5 of 9 2. No topographic surveys are needed for the proposed work due to the limited anticipated level of change from existing conditions. 3. Attendance at meetings with individual neighborhoods is not anticipated; any such meetings will be led by Town staff. 4. Any police details will be provided by the Town as needed. 5. No pavement testing is included in this Scope of Services. 6. This Scope of Services assumes that the preferred concepts will not require proposed retaining walls. Geotechnical evaluations and structural assessments of the integrity of existing retaining walls are not included in this Scope of Services. 7. It is assumed that an adequate drainage system exists within project limits to tie into and downstream conditions including existing outfalls are in adequate condition and provide adequate capacity. Thus, evaluation of the existing drainage system capacity and HydroCAD evaluations are not anticipated or included in this Scope of Services. 8. It is assumed that the proposed construction will take place within the Town right of way and not on private property. Permanent or temporary easements, land acquisitions, and rights of entry are not included in this Scope of Services. If impacts to private property cannot be avoided, upon request, Environmental Partners may assist the Town with any needed rights of entry, easements, or land acquisitions as an amendment to this contract. Task 3- Book Job Preparation Environmental Partners will refine and advance the concepts developed in Task 2 for each of the above-noted roadways with more site-specific detail, adequate for advertisement as a bookjob.Work includes verifying site conditions and preparing the necessary information for the bid document as specified. a. Environmental Partners will visit each road to verify that site conditions appear to be adequate such that construction in the selected concept can be handled with typical details and specifications instead of a detailed engineered design. b. During the site visit, quantities will be inventoried along each roadway segment for incorporating into the construction estimate and bid tab. Locations where existing features require alteration will be noted and reflected. Given the nature of a bookjob,assumptions will be made relative to treatments needed to achieve grading for ADA compliance and stormwater runoff and likely impacts; minor alterations and adjustments during construction are anticipated to achieve compliance and drainage as coordinated by the Town. envro -..)artne a''-orn Page 6 of 9 c. Typical details will be provided to address conditions frequently encountered along the roadways. d. For the Saltonstall Road/Cabot Road and Saltonstall/Herrick Road intersections, the conceptual design plans prepared under Task 2 will be refined based on Town feedback to illustrate general intent of construction. Although fully engineered plans for these intersections are not anticipated to be required or included in this Scope of Services,the base plans prepared under Task 1 will be used to further detail the proposed conditions, including the approximate existing and proposed grading and required drainage and utility adjustments. Task 4- Bid Document Preparation Environmental Partners will prepare one set of bid documents adequate for bidding purposes that includes work on all of the roads identified above for Contracts#3 and 4. a. Environmental Partners will prepare supplementary specifications to the Massachusetts Department of Transportation "Standard Specifications for Highways and Bridges" (latest edition) in the form of Special Provisions, which shall incorporate relevant sections of the Town's standard specifications where applicable. This work includes the preparation of the bid tabulation and technical specification sections of the contract bid documents. Standard bidding documents, general conditions, bid forms, agreements, or other information associated with procurement requirements and procedures will also be prepared and provided to the Town for review. b. Environmental Partners will provide a final opinion of probable construction cost(OPCC). The final OPPC will include the quantity, unit price, and estimated cost of all pay items. The estimate will be based on prevailing prices established by MassDOT and recently advertised and awarded projects completed by the Town and Environmental Partners. A bid tab will be prepared and included in the Bid Form section of the bid document providing the quantity for each bid item. c. The bid package will be submitted to the Town for review and comment upon completion. A response to comments will be provided and changes implemented as necessary into the submission of bid documents, including pans, specifications, and estimates (PS&E). Task 5- Meetings &Coordination 1. Town Coordination a. Environmental Partners will provide regular coordination with the Town throughout the duration of the project via email and telephone. Page 7 of 9 b. For budgeting purposes, the following meetings with Town officials are anticipated: • Attendance at up to one(1) in-person meeting with Town representatives • Arrange and lead up to four(4) conference calls with Town representatives Assumptions 1. Neither preparation of PowerPoint presentations nor presentations to the public or Town Boards are anticipated or included in this Scope of Services. Task 6- Bid Phase Services Environmental Partners will assist the Town and Department of Public Works with advertising the project to solicit bids. a. Assisting the client in their advertising for and obtaining bids for construction, materials, equipment, and services and attending pre-bid conferences for the contract. Environmental Partners will issue addenda as appropriate to clarify, modify, or change the Bidding Documents. Environmental Partners will use ProjectDog to advertise the project electronically. b. Environmental Partners will file the bid documents with the Central Registry to be added to the bidding schedule, file the bid documents with MassDOT to obtain the pre-qualified contractor list,and prepare a Word document for the Town to advertise the project in the local paper. Advertisement costs are not included. c. Environmental Partners will consult with the Town as to the acceptability of subcontractors, suppliers, and other persons and entities proposed by the Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. d. Environmental Partners will prepare bid tabulation sheets and assist the Town in evaluating bids for their award of a contract for the proposed construction. Task 7-Construction Phase Services Construction phase services are not included in the current Scope of Services but may be negotiated after the completion of the Bid Phase. Page 8 of 9 Fee Environmental Partners proposes to perform the above Scope of Services for the Not-to-Exceed price of One Hundred Seven Thousand Dollars ($107,000.00). Invoices will be issued to the Town on a monthly basis and will be based on time and materials utilizing Environmental Partners billing rates at the time services are performed. Environmental Partners current standard billing rates are attached, and rates will be adjusted annually in April. All expenses and consultants will be billed with a 10% markup. A breakdown of the fee and schedule by task is presented in the table below. Fee Schedule Proposed Services Task 1: Aerial Survey& Base Plan Preparation $8,030 Task 2: Concept Development&Site Visits $28,440 Task 3: Book Job Preparation $45,620 Task 4: Bid Document Preparation $11,700 Task 5: Meetings & Coordination $6,210 Task 6: Bid Phase Services $7.000 TOTAL $107,000 The scope and fee for Task 7 (Construction Phase Services) will be established and negotiated with the Town upon request following completion of design. The compensation indicated above is based on an estimate of the character and extent of work involved. Unforeseen conditions, which become evident during the course of the work, may alter or increase the effort required. The not-to-exceed amounts indicated above will not be exceeded without formal written amendmentto the Agreement between the Town and Environmental Partners. The proposed fee and effort is based upon our best faith effort to fully understand the needs of this Proposal. If the scope of the services to be rendered is changed materially or if the period of time required to render services hereunder is extended beyond the completion dates proposed, the amount of compensation provided shall be adjusted appropriately(if required), upon approval of the parties and this Proposal is so amended. Project Schedule Environmental Partners is readyto begin work immediately upon receipt of notice to proceed.Assuming that notice to proceed is issued within two weeks of the date of this proposal,we anticipate completing Tasks 1-6 by March 31, 2023. If project delays outside of Environmental Partners' control cause the completion date to extend substantially beyond March 31, 2023, additional budget may be requested through an amendment for additional coordination time. cberv1partii'ter°s ruoni Page 9 of 9 We appreciate the opportunity to continue our working relationship with the Town and look forward to discussing this proposal with you. Please do not hesitate to contact either of us if you have any questions. We look forward to working with you and the Town of North Andover on this important project. Please feel free to contact me or Margot directly with any questions or concerns. Sincerely, Environmental Partners Group, LLC James D. Fitzgerald, PE, LEED AP Margot E. Schoenfelder, PE, AICP Director of Transportation/Principal Project Manager AC REP® DATE(MM/DD/YYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 3/24/2023 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: John Kil arriff/Brett Nealis The Graham Company PHONE FAX The Graham Building N x :215-701-5291 A/C No): 1 Penn Square West ADDRESS: KILGARRIFF UNIT@grahamco.com Philadelphia PA 1 9102- INSURERS AFFORDING COVERAGE NAIC# INSURER A:Starr Surplus Lines Insurance Company 13604 INSURED APEXCOM-01 INSURER B:Liberty Insurance Corporation 42404 Environmental Partners Group, LLC 1900 Crown Colony Drive, Ste 402 jNSURER C:Tokio Marine America Insurance Company 10945 Quincy, MA 02169 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2108105316 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y 1000065707221 7/31/2022 7/31/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 1K OCCUR DAM PREMISESAGE TOEa RENTED occurrence $300,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY 1 PRO LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y AS5-Z51-294467-022 7/31/2022 7/31/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X $2,500 Comp Ix $2,500 Coll $ A UMBRELLA LIAB X OCCUR Y 1000336571221 7/31/2022 7/31/2023 EACH OCCURRENCE $25,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $25,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION WC7-Z51-294467-012 7/31/2022 7/31/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N I 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 A Professional/Pollution Liability 1000065707221 7/31/2022 7/31/2023 Per claim/AggregateTM5/2MCContractors Equipment CPP6411631 7/31/2022 7/31/2023 Leased/Rented Equip0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Property Policy-Tokio Marine America Insurance Company Policy#CPP6411631;Policy Period 7/3112022-7/31/2023 RE:Gas Impact Area Roadway and Sidewalk Restoration—Contract Areas 3&4 Town of North Andover is an additional insured on the above General Liability,Auto Liability and Umbrella Liability Policies if required by written contract. CERTIFICATE HOLDER CANCELLATION 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 384 Osgood Street AUTHORIZED REPRESENTATIVE North Andover MA 01845 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD