HomeMy WebLinkAboutContract #: 1617 - From: 07-01-2023 To: 09-30-2024 - Gale Associates - Town Manager CONTRACT NO. 1 la J
VENDOR NO. 7911
CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on 30" day of May, 2023, by and between Gale
Associates, Inc., a Massachusetts corporation with a usual place of business at 300 Ledgewood
Place, Suite 300, Rockland, MA 02370, "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 for Athletic
Field Improvements in North Andover.
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:
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The ENGINEER will complete the 1) Background Evaluation and Schematic Design; 2) Engineering
and Design; 3) Final Design Documents; 4) Bid/Award Services; and, 5) Construction Phase
Services as set forth in the ENGINEER's proposal and current fee schedule, attached as Exhibit A.
This Contract will commence on July 1, 2023 and terminate on September 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. ENGINEER shall not be liable for any delays due to causes outside the
reasonable control of ENGINEER.
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The ENGINEER'S Bid, Scope of Services, Price Proposal and Fee Schedule, all required
Certifications and all Insurance Binders are incorporated herein and made part of this Contract.
In the event of a conflict between the terms and conditions of this Agreement any of these
incorporated documents, the terms and conditions contained in paragraphs 1-23 herein shall
prevail.
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Total payment under this Contract shall not exceed the sum of$67,085 Dollars. This Contract is
expressly subject to and contingent upon an appropriation of funds.
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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.
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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.
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Such services under this Contract will be performed as expeditiously as possible in a good and
workmanlike 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 underthis 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.
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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
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.
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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.
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The ENGINEER shall give its personal attention constantly to 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,
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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.
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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
natural person,business,partnership,corporation, union,committee,club or other organization,
entity, or group of individuals.
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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 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.
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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.
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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.
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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
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.
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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—$1,000,000 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.
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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
5
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,
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.
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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, or any
authorized sub-contractor 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,or
any authorized sub-contractor 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 c.149, §27B.
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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.
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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.
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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
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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.
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
GALE ASSOCIATES, INC.
Department Head' Name of Firm
Date: K ( `� [ � Date: June 2, 2023
Melissa Murphy-Rodrigues by:Steven R. Marshall, Principal
TOWN Manager
Date: Date: June 2, 2023
Federal Identification
No.: 04-2319385
APPROVED AS TO FORM:
Christine P. O'Connor,TOWN Counsel
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Lyne S age, TOWN Ac&MM
Date
7
Gale Associates, Inc.
4GALE 3OULemauwood Place|Guueao8 Rockland, mmnzn7o
Pra1.ous.ewms pr81.33m,s4or
www.Qa|eamao*iatee.00m
May ZZ, Z0Z3
Town of North Andover
1Z0 Main Street
North Andover, yNA01O4S
Attn: Ms. Laurie 8urz1aff
T: (978)688-9510
Email: |burz|aff@northandoverma.8ov
Re: Athletic Field Improvements
McEvoy Field
North Andover, MA
Gale P10288
Dear Ms. 8urz|aff:
Gale Associates, Inc. (Gale) is pleased to present this proposal to provide Engineering Consulting
Services to the Town of North Andover(North Andover) regarding the above-referenced facility.
PROJECT UNDERSTANDING
As part of the North Andover Town-Wide Master Plan,Gale evaluated McEvoy Field and proposed
various improvements based on input from the Master Plan Field Committee, as well as from the
various stakeholders. Gale developed a conceptual plan for these improvements which includes:
1. Afive(S)foot bituminous walkway(around the entire field).
Z. Reconstruction of the existing parking lot(+/'60spaces).
3. Construction of two (Z) new pick/eba/|courts(with fencinQ).
4. AZ'100'square'foot Adult Fitness area.
S. New concrete pads for dugouts at three (3)on-site softball fields.
Based on the above project understanding Gale will provide engineering services for engineering,
design, bid, and construction phase services, asfollows:
Phase 'Bmdkvmound Evaluation and Schematic Design
° Attend a "start-up" meeting with North Andover to finalize the project goals, design criteria,
and milestone schedule. Prepare the meeting agenda and issue related meeting minutes.
° Perform property line and topographic survey of the existing conditions,extending twenty(20)
feet beyond the project limits:
0 Prepare a plan depicting one (1)-foot contours and applicable spot grades, as well as
existing site features.
SINCE 1964
Ms. Laurie Burzlaff
Athletic Field Improvements gl(jGALE
McEvoy Field
North Andover, MA
May 22,2023
Page 2
• Field locate site utilities, including rim and invert elevations, based on record information
and visible above-ground appurtenances.
o Provide an existing conditions base plan in AutoCAD.
• OPTIONAL: Due to the close vicinity of the proposed walkway around the entire site, a
property boundary survey may be required,which would include a resultant plan stamped
by a Professional Land Surveyor(PLS). Gale can provide this as an additional service should
the Town determine a property survey is required based on their existing record documents
for the parcel.
• Observe field testing to gain a general understanding of the prevailing soil classifications,
topsoil depth, infiltration rates, and groundwater elevations.
o Coordinate the services of a contractor to excavate/open four(4)test pits. Contractor and
equipment costs will be invoiced as reimbursable expenses. Alternatively, North Andover
can provide a backhoe or excavator and operator to excavate the test pits, which will be
paid for directly by North Andover. The estimated costs of these services are currently
included in this proposal.
• A Certified Soil Evaluator will complete the test pit logs.
• At this time, it is assumed Gale will notify DigSafe, as required, prior to the test pit
excavation. Gale will pre-mark for DigSafe.
• Research available information on utility locations within the project limits. Utilities to be
researched include water, storm drainage, electric, communications, and gas. Identify visible
utility constraints and conflicts bearing on the proposed improvements. This utility evaluation
will be based on available record plans provided by North Andover, above-ground
appurtenances, and paint marking by DigSafe.
• Using the existing conditions information compiled and the developmental program, Gale will
prepare one (1) conceptual layout for the proposed improvements. Meet with North Andover
on one (1) occasion to review the conceptual plan. Complete one (1) revision to the chosen
layout, based on client direction, to produce the final preferred schematic layout with
preliminary schematic level estimates of constructed cost.
• The final schematic design submission will include layout, grading and drainage plans. Meet
with North Andover to review the schematic plan submission. North Andover will provide
approval of the schematic plans prior to proceeding with Engineering and Design.
Phase 2-Engineering and Design
• Prepare a site grading plan for the proposed construction.The grading plan will show proposed
spot grades and contours and will consider cut and fills, as well as site accessibility.
Ms. Laurie Burzlaff
Athletic Field Improvements ,doGALE
McEvoy Field
North Andover, MA
May 22, 2023
Page 3
• The design development/permitting plan set will generally include:
o Outline Technical Specifications
o Existing Conditions Plans
o Erosion Control and Demolition Plans
o Layout and Materials Plans
o Grading and Drainage Plans
o Signage and Striping Plan for Parking
• Miscellaneous Site Details (pickleball layout and fitness area)
• Prepare design development progress submission at the 75%stage of completion. Submission
will include plans, details, and technical specifications. Construction cost estimates will be
included with the submission. Meet with North Andover to present and review design
recommendations. Issue meeting minutes to confirm our understanding of North Andover's
intent.
Permitting
No permitting for these improvements is anticipated at this time.
Phase 3-Final Design Documents
• Following the receipt of North Andover's comments from the Engineering and Design Phase
and authorization to proceed, we will finalize the site design documents suitable for
competitive bidding. Provide North Andover with a set of construction drawings stamped by a
Registered Civil Engineer,as appropriate.
• North Andover will provide the non-technical "front-end" contract requirements for the
preparation of the contract documents or Gale will provide a standard AIA 201, General
Conditions of a Construction Contract front end for North Andover's comment and review.
Phase 4-Bid/Award Services
Assist North Andover with bid phase services.
• Draft an Invitation to Bid for North Andover's approval and review advertisement
requirements with North Andover.
• Attend a pre-proposal site visit for prospective bidders.
• Respond to requests for clarification.
• Issue addenda to the bid documents, if required.
o Attend the general bid opening with North Andover.
• Review the two (2) low proposal submissions for completeness and responsiveness.
Ms. Laurie Burzlaff OWMW
Athletic Field Improvements LE
McEvoy Field
North Andover, MA
May 22, 2023
Page 4
Evaluate the bidder's performance on representative projects and provide North Andover
with a summary of the bid review results.
Phase 5-Construction Phase Services
• Receive and review contractor's shop drawings and submittals for acceptance or rejection prior
to project start-up. Rejected submittals will be returned to the contractor for resubmittal. We
recommend all submittals be received and reviewed by Gale prior to the pre-construction
meeting and job start-up.
• Attend the pre-construction conference with the selected contractor and North Andover. We
will prepare the related agenda and meeting minutes.
• Respond to requests for information (RFIs) and issue clarification sketches, if needed. Review
contractor requests for payment and assist with the preparation of change orders.
• Schedule and attend weekly construction meetings on site and develop/distribute related
meeting minutes. Observe the project's general compliance with the contract requirements
and schedule. We have based this Scope of Services on a construction duration of eight (8)
weeks. Gale's proposal is predicated on eight(8) construction meetings.
• Gale will conduct a final site visit to review the project, following notification from the
contractor of Substantial Completion. The following services will be provided to assist North
Andover with project close-out:
• Certify Substantial Completion.
• Provide a summary of punch list items requiring completion by the contractor.
• Review contractor-provided as-built drawings.
• Review close-out documents to be provided by the contractor (e.g., warranties, lien
releases,maintenance manuals,etc.).
• Provide an opinion regarding final payment, release of retainage, and final acceptance by
North Andover.
Ms. Laurie Burzlaff
Athletic Field Improvements .,,gg,4
GALE
McEvoy Field
North Andover, MA
May 22,2023
Page 5
COMPENSATION
• Gale's compensation to provide the Scope of Services is detailed as follows:
Phase/Task Gale Fee Reimbursables
Phase 1 - Background Eval., Facility Assess. & $6,835 N/A
Schematic Design
Topographic Survey(Bayside N/A $8,855
Engineering)
Contractor Services for Test Pits $2,500
(estimated)
Phase 2-Engineering and Design $15,735
Phase 3 - Final Design Documents $11,400
Phase 4- Bid/Award Services $3,765
Phase 5-Construction Phase Services $17,995
Sub-Total $55,730 $11,355
Engineering Budget Total: $67,085
• Gale's compensation for the Scope of Services includes the miscellaneous reimbursable
expenses, such as mailing, mileage, printing, etc.,associated with the project.
• Gale's compensation for the Scope of Services includes the designated subconsultant services
associated with the project. Subconsultant fees include Gale's standard 15% subconsultant
mark-up.
• Gale's services will be performed in accordance with our General Terms and Conditions or a
mutually agreeable contract for services, and Schedule of Fees dated January 2023, attached.
PROJECT PARAMETERS AND LIMITATIONS
• Record plans will be provided to Gale by North Andover.
• Utilities may exist at the site for which there are no records. Gale's proposal does not include
research or field services to locate non-record utilities.
• This proposal includes the preparation of a single design development/permitting plan set for
the entire project.
Ms. Laurie Burzlaff
Athletic Field Improvements ,d,4GALE
McEvoy Field
North Andover, MA
May 22,2023
Page 6
• Preliminary estimates of construction costs and detailed estimates of construction cost
prepared by Gale represent Gale's judgment as a design professional familiar with the
construction industry. It is recognized that neither Gale nor North Andover has control over
the cost of labor, materials, or equipment, over the contractor's methods and means of
construction,or any of the other variables involved in construction bidding. Accordingly, Gale
does not warrant or represent that construction costs will not vary from the project budget or
cost estimates.
• North Andover acknowledges that the proposed development is not "by right", and that Gale
cannot guarantee permit approvals. The filing fees for all required permits, if not waived, will
be paid by North Andover. Building permits, other utility connection permits, demolition
permits,and any other municipal construction permits required will be the responsibility of the
general contractor.
• For publicly bid projects,Gale will advertise the project in the Central Register. North Andover
will be responsible for local newspaper advertisements and posting at the office of the
awarding authority and in COMMBUYS.
• Gale's review of shop drawings and material submittals is not for the purpose of determining
the accuracy and completeness of other information, such as dimensions, quantities, and
installation or performance of equipment or systems,which are the contractor's responsibility.
Gale's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by Gale, of any construction means, methods, techniques, sequences, or
procedures. Gale's approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
• Job site safety is the contractor's responsibility. Gale representatives,including subconsultants
retained by Gale, may visit the job site from time to time. These visits are for clarifications of
specific design-related issues only and are not for the purposes of job site safety. It is the
contractor's sole responsibility to comply with all site safety applicable requirements.
• The correction of issues noted by Gale during this construction phase is the responsibility of the
contractor, as is documentation of the correction. Gale bears no liability for further or
additional observations or follow-up of issues identified. Lists generated by Gale are not
considered to be all-inclusive and represent only those issues actually observed and noted by
Gale personnel while on-site. Gale has been tasked to observe specific construction elements
only, and the absence of notations with respect to any other construction elements neither
creates any liability on Gale's part,nor alters the contractor's responsibility to complete all work
in accordance with the contract documents.
Ms. Laurie Burzlaff
Athletic Field Improvements aggl�hoGALE
McEvoy Field
North Andover, MA
May 22,2023
Page 7
• Gale's fee does not include:
o Floodplain elevation determination studies.
• Habitat studies or mitigation design.
• Meetings beyond those defined/enumerated above.
• Physical location,camera inspection,or the evaluation of the condition of utilities.
o Design off-site utility upgrades or any required upgrade to electrical service.
• Architectural or structural design services related to an amenities building (e.g.,
concessions, restrooms,storage, etc.).
• Development of financial or legal analyses.
• Property line and easement survey(if optional services are not authorized).
0 3-D perspective renderings or models.
o Permitting.
o Permitting for open Order of Conditions of previous projects.
o SWPPP and NPDES Permit will be prepared by others.
• Services related to a bid protest.
o Re-work due to change in regulations.
o Mechanical/electrical/plumbing/fire protection services.
o Third-party professional cost estimating.
o Structural and geotechnical engineering.
o Contractor services and associated equipment, including third-party testing.
• Traffic studies.
o Services related to site contamination or hazardous materials testing(LSP services).
o Construction as-built survey or plan preparation.
• Wetlands replication or off-site mitigation design.
o Services related to historical or archeological issues.
Should services be required in these areas, or areas not previously described,Gale will prepare
a proposal or amendment,at North Andover's request,that contains the scope of services,fee,
and schedule required to complete the additional services.
REQUIRED DOCUMENTS
• If this proposal is acceptable, please sign below and return one (1) copy to this office. Gale's
receipt of an executed agreement will constitute a Notice to Proceed with the services outlined
herein and a contract for services.
• Receipt of this signed proposal is required prior to Gale initiating services on the project.
• Should North Andover intend for Gale to complete only the initial phases of the project through
schematic design and budget development,you may indicate desired phases on the signature
page with no obligation for subsequent phases. Gale will not proceed with services for
subsequent phases without written authorization.
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.
Sign"e ,- Date -
Steven
R.Marhall Gale Associates, Inc.
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
Steven R.Marshall, authorized signatory for Gale Associates, Inc.
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.
.. C
Signature Date
8
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the Corporation held on
January 26, 2023 it was
VOTED,THAT
Steven R. Marshall Principal
(Name) (Officer)
of Gale Associates Inc. be and hereby is authorized to execute
contracts and bonds in the name and on behalf of said Gale Associates, Inc. , and affix its
corporate seal hereto; and such execution of any contract or obligation in the name of Gale
Associates, Inc. on its behalf by such officer under seal of Gale Associates, Inc., shall be valid and
binding upon Gale Associates, Inc.
I hereby certify that I am the clerk of the above named Gale Associates, Inc. and
that Steven R. Marshall is the duly elected officer as above of said Gale Associates, Inc.
and that the above vote has not been amended or rescinded and remains in full force and effect
as the date of this contract.
(Date) (Clerk)
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GALEkSS-01
A40401IN"' CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDnYYY)
6/2/2023
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 oilc ies must have ADDITIONAL INSURED p y( ) 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 CNR ACT
Ames a Go h PINE FAx 88
859 Willard Street ( ^fie Ex1.(617 328-6555
Suite 320 b ton Ames ou h C®rTi _.
Quincy,MA 02169 IMSURER($
)AFFORDING,_ VE ,OE NAIL M
_.
_w.. .. mm__... ... !ti pRER A e C®ntBn ntgl a$Ualty!Compapy(CIA)A,XV 20443
INSURED _INSURER B Tran p®f18U®n Insurance Company a(XVj---- 20494.
Gale Associates,Inc. INSURERC:Continental Insurance Company A(XV).__ .-_...... 35289_...
300 Ledgewood Place,Suite 300 INSURER c _ i t_ _ Cont_o___�n_� '.-
Rockland,MA 02370 Y
INSURER E
INSURER F
C A E CERTIFICATE NUMBER: 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 MICH 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! L+SUBR POLICY EFF obuLY EJIP
TYPE OF INSURANCE POLICY NUMBER LIMITS
A X w MERCIAL GENERAL LIABILITY E, M OCR HENCE S 11000,000
m OCCUR r i D GC TO RENTED 0
CLAIMS-MADE' I X � 7037117330 W1/2023 5/1/2024 p Mg��S(Fa . 1,000,000
15
- i 00,000
�. 1000000'
PERSONALr INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: i ENE L M GNC tTE_.._.... $ 2,000,000
POLICY X'j �.. ..;LOC "t',... . . .. _.,,. 2,000,000
a I
-R
B 'AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 1 000
ANY AUTO x 7037117327 5/1/2023 f 5/1/2024 . 1 _.. .. .OWNED SCHE
AUTOS ONLY AAUTOS0ULE0 00 �
A S ONLY ARMS a ._ _.. _ _S
Y
XUMBRELLA UAB r 7,000,000
..,, X OCCUR � ° � .®_.�HOCI(J!.,aN��.,........._..,. .. .,,....w _._
CLAIMS-MADE X ,7037117358 5/1/2023 @ 6/1/2024 O M 7, ,000
RETENTION y .�..
DECEXC) X ,..,
10,000
Q WORKERS COMPENSATION
X PERT OTH-
ER
_..
IEr AR TM EClTIVE 703711T344 YIN
'ANY PR5/1/2023 5/1/2024 1,000,000
F E EXCLU 07 N/A
--- 9 .000
If ee,dee under
RIPTI P TI NS beloww ....... E.L.DISEASF1 POL Y LIMIT S r '
D ProfessionalLlab 031711 224 5/1/2023 1 6/1/2024 ;PerClalm 3,000,000
D 031711024 5/1/2023 5/1/2024 jAggregate 5,000,000
i k
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,AddRlonal Remarks Schedule,may be etlached 11 more space Is required)
All Coverages are In accordance with the policy terms and conditions.
RE:Gale JN 719210 McEvoy Field Athletic Field Improvements,North Andover,MA.
Town of North Andover shall be included as additional insured with respects to General,Auto,and Umbrella Liability where required by written contract
Notice of Cancellation and Material Change applies to the Package policy for Certificate Holders as per policy terms and conditions.Notice of Cancellation
applies to the Professional,Auto,Workers Compensation and Umbrella coverage as per policy terms and conditions.
......
CERTIFICATE HIOLCII _ ,GANG LATiON•�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
120 Main Street
North Andover,MA 01846
AUTHORIZED REPRESENTATIVE
ACORD 25(2016103) 0 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD