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HomeMy WebLinkAboutContract #: 1631 - From: 08-01-2023 To: 08-01-2024 - Environmental Partners Group, LLC - DPW CONTRACT NO. 3 VENDOR NO. 12713 CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER This CONTRACT made and entered into on _ day of August, 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 for Construction Services for the Ferncroft Circle Water Main Project. 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: -1- The ENGINEER will complete Construction Services for the Ferncroft Circle Water Main Project as set forth in the ENGINEER's proposal and current fee schedule, attached as Exhibit A. This Contract will commence upon execution and terminate on August 1,2024.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 $70,970.00. 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 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. -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 2 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. -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. 3 -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 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 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. -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. 4 -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. -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. I -17- i 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 I 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. -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, §27B. -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 �I amendment. i -21- j 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 j 6 I 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 40 ' Environmental Partners Group, LLC Department"H`eaV Name of Firm Date: Date: 7-19-2023 MI' s , by: 'nt e &Title NTOWN Manager Ryan J. Trahan, President Date: Date: 7-19-2023 Federal Identification No.: 04-3378308 APPROVED AS TO FORM: N 1�0� �- C� Christine P. O'Connor, TOWN Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: 4 vyv/" � kra Lyne Sa ge,TOWN Accounta Date 7 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. r � 7-19-2023 Signatu e Date 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. �h f 7-19-2023 Sign a 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. 1 8-31-2022 (Date) lerk) 9 EXHIBIT A 10 ����U���0�&8����U ����UU�x�U�|VK�U�U��� ��� ����� PARTNERS --Am Apex 0znpnly -- April 7,2O23 Mr.Timothy Willett Operations Manager Department of Public Works ]B4 Osgood Street North Andover, PNAO184S RE: Proposal for Engineering Services FarncroNC Circle Water Main Improvements Construction Phase Services Dear Mr.Willett: Environmental Partners, LL[ (Environmental Partners) prepared the following proposal for engineering services for the construction phase associated with the Ferncroft Circle Water Main Improvements project.Environnnenta| Par1nerspreparedtheproposedscopeofservicesbasedupon our knowledge of the project and recent construction experience. We have provided our Project Understanding below. Project 0����������^�� -� - Understanding - —' o� The Ferncroft Circle water main improvements include replacement of approximately 750 linear feet of existing water main with new 12-inch and 8-inch cement lined ductile iron water main and appurtenant work.The construction duration in the bid documents is 210 calendar days. In general, the schedule for the project istoconmp|eteconmrnissioningofthenevxwaternnainbyOctober31'ZO23. The bid documents includes Owners Alternate bid items for nni|| and overlay final restoration. If the Owner chooses to include the Owner's Alternate bid items, final restoration is anticipated to be completed in the spring of 2024.This would result in a construction completion date of June 1,2024. It is presumed that the Contractor will work for six (6) consecutive weeks installing the new water main, hvdnsnts, services' and associated work on Ferncroft Circle. An additional one (1) week is anticipated for final restoration of the roadway, if selected. The Schedule and Fee was based on our understanding of the above project information. � � � ~ ������ ��v �����ce � Environmental Partners proposes the following scope of services for the above referenced project, Task 1 -Construction/\dmministrstion Services Environmental Partners will assist the Town with the administration of the construction contract for a duration of approximately 24vxeeks (up to 134 hours) assigned to coordinadon, submittal reviews' requests for information (RF|s), payment requisitions, progress nneetin#s, and project dose out documentation. Page 2of9 This task will include: A. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of Contractor(s)and to determine in general if such work is proceeding in accordance with the Contract Documents. (ENVIRONMENTAL PARTNERS construction administrative staff shall not be required to make exhaustive or continuous on-site inspection to check the quality or quantity of such work). ENVIRONMENTAL PARTNERS construction administrative staff shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). ENVIRONMENTAL PARTNERS' efforts will be directed toward providing a greater degree of confidence for Client that the completed work of Contractor(s)will conform to the Contract Documents, but ENVIRONMENTAL PARTNERS shall not be responsible for the failure of Contractor(s)to perform the work in accordance with the Contract Documents. During such visits, and on the basis of on-site observations, ENVIRONMENTAL PARTNERS shall endeavor to keep Client informed of the progress of the work,shall endeavor to guard Client against defects and deficiencies in such work and may recommend the Client disapprove or reject work failing to conform to the Contract Documents. B. Review and take appropriate action in respect to Shop Drawings and samples, results of tests and inspections,and other data which Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (but such review or other action shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto); determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review(for general content as required by the Specifications) maintenance and operating instructions, schedules,guarantees, bonds and certificates of inspection which are to be assembled by Contractor(s)in accordance with the Contract Documents. C. Issue all instructions of Client to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare change orders as required; have authority, as Client's consultant, to require special inspection or testing of the work;act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of Client and Contractor(s)relating to the acceptability of the work or in the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work; but ENVIRONMENTAL PARTNERS shall not be liable for the result of any such interpretations or decisions rendered in good faith. D. Based on ENVIRONMENTAL PARTNERS' on-site observations as an experienced and qualified design professional on review of applications for payment and the accompanying data and schedules, determine the amounts owing to Contractor(s) and recommend in writing to the Client payments to Contractor(s) in such amounts; such recommendations for payment will constitute a representation to Client, based on such observations and review, that the work has progressed to the point indicated, that, to the best of ENVIRONMENTAL PARTNERS` knowledge, information and belief,the quality of such work is in accordance with the Contract Documents(subject to an evaluation of such work as a eu„u Partners.c or1 Page 3 of 9 functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s)® but by recommending any payment ENVIRONMENTAL PARTNERS will not thereby be deemed to have represented that continuous or exhaustive examinations have been made by ENVIRONMENTAL PARTNERS to check the quality or quantity of the work or to review the means, methods, sequences, techniques or procedures of construction or safety precautions or programs incident thereto or that ENVIRONMENTAL PARTNERS has made an examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or that title to any of the work, materials or equipment has passed to Client free and clear of any lien, claims, security interest or encumbrances,or that Contractor(s)have completed their work exactly in accordance with the Contract Documents. E. Conduct a review to determine if the Project is substantially complete and to determine if, to the best of ENVIRONMENTAL PARTNERS' knowledge, the work has been completed in substantial conformance with the Contract Documents and the intent of the design and if Contractor has fulfilled all of his obligations thereunder so that ENVIRONMENTAL PARTNERS may recommend,in writing,final payment to Contractor(s)and may give written notice to Client and the Contractor(s)that the work is acceptable(subject to any conditions therein expressed), but any such recommendations and notice shall be subject to the limitations expressed above. F. ENVIRONMENTAL PARTNERS shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractors' agents or employees or any other persons(except ENVIRONMENTAL PARTNERS'own employees and agents)at the site or otherwise performing any of the Contractor(s)'work. G. ENVIRONMENTAL PARTNERS shall collect and store certified payrolls from the Contractor(s) or subcontractor and provide the Client with copies as requested. Task 2-Resident Project Representative Environmental Partners will provide a resident project representative whose duties, responsibilities and limitations of authority are outlined below,for duration of up to Two Hundred and Eighty(280) hours over an approximate 7-week active construction duration.The actual cost of this task will depend on the total construction duration. A. ENVIRONMENTAL PARTNERS shall not be responsible for the means, methods,techniques, sequences, or procedures of construction selected by the Contractor(s), or the safety precautions and programs incident to the work of the Contractor(s), but ENVIRONMENTAL PARTNERS shall be responsible for notifying the Contractor and Client of any work that is cause for concern with respect to consistency with the requirements of the contract plans and specifications. ENVIRONMENTAL PARTNERS'efforts will be directed toward providing a greater degree of confidence for Client that the completed work of the Contractor(s) will conform to the Contract Documents, but ENVIRONMENTAL PARTNERS shall not be responsible for the failure of the Contractor(s)to perform the work in accordance with the Contract Documents. On the basis of on-site observations, ENVIRONMENTAL PARTNERS shall keep Client informed of the progress of the work,shall guard Client against defects and deficiencies in such work, and shall recommend the Client disapprove or reject work failing envioartners,com Page 4 of 9 to conform to the Contract Documents. B. The Resident Project Representative's duties,responsibilities,and limitations of authority are outlined below. a. General: The Resident Project Representative is ENVIRONMENTAL PARTNERS'Agent,and shall act under the supervision of the ENVIRONMENTAL PARTNERS Project Manager. He shall confer with the ENVIRONMENTAL PARTNERS Project Manager regarding his actions. His dealings in matters pertaining to on-site work will be, in general,with the ENVIRONMENTAL PARTNERS Project Manager and the Contractor, keeping the Client advised as indicated below and as necessary. His dealings with subcontractors will only be through or with the full knowledge of Contractor or his on-site representative. He shall generally communicate with Client with the knowledge of the ENVIRONMENTAL PARTNERS Project Manager. b. Duties and Responsibilities: Resident Project Representative shall: 1. Schedules: Review the progress schedule, schedule of shop drawing submissions, and schedule of values prepared by Contractor, and consult with the ENVIRONMENTAL PARTNERS Project Manager concerning their acceptability. 2. Conferences: Attend progress meetings and otherjob conferences,as required, in consultation with the ENVIRONMENTAL PARTNERS Project Manager. 3. Liaison: i. Serve as ENVIRONMENTAL PARTNERS' liaison with the Contractor and the Client, working principally through Contractor's designated on-site representative,and assist them in understanding the intent of the Contract Documents. Assist the ENVIRONMENTAL PARTNERS Project Manager in serving as the Client's liaison with Contractor when the Contractor's operations affect Client's on-site operations. ii. Assist in obtaining from the Client additional details of information required at the job site for proper execution of the work. envpartners.com Pave 5 of 9 4. Shop Drawings and Samples: i. Receive samples from the Contractor's on-site representative and notify the ENVIRONMENTAL PARTNERS Project Manager of their availability for examination. ii. Immediately advise the ENVIRONMENTAL PARTNERS Project Manager and the Contractor, or his on-site representative, of the commencement of any work requiring a shop drawing or sample submission,if the submission has not been reviewed by ENVIRONMENTAL PARTNERS. 5. Review of Work.Rejection of Defective Work.Inspections and Tests: i. Conduct periodic on-site reviews of construction in progress,or as otherwise necessary, to determine, to the best of his knowledge,(1) if work is proceeding in general accordance with the Contract Documents; and (2) that completed work is in substantial conformance with the Contract Documents. During such visits, and on the basis of on-site observations, ENVIRONMENTAL PARTNERS shall keep Client informed of the progress of the work, shall guard Client against defects and deficiencies in such work, and shall recommend the Client disapprove or reject work failing to conform to the Contract Documents. ii. Report to the ENVIRONMENTAL PARTNERS Project Manager, who, in turn, will notify the Client whenever any work is, to the best of his knowledge and belief, unsatisfactory, faulty or defective,or is not in substantial conformance with the Contract Documents, or has been damaged, or does not meet the requirements of any inspections,tests,or approvals required to be made; and advise the ENVIRONMENTAL PARTNERS Project Managerwhen he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection or approval. Record and advise the Contractor of work failing to meet the Contract requirements. iii. Verify that tests, equipment, and systems start-up and operating and maintenance instructions are conducted, as required by the Contract Documents,and in the presence of the required personnel, and that the Contractor maintains adequate records thereof, observe, record, and report to the ENVIRONMENTAL PARTNERS Project Manager appropriate details relative to the test procedures and start-ups. envpartners.com Pace 6 of 9 iv. Obtain records of all on-site testing and site visits from the Contractor's on-site representative, and report these to the ENVIRONMENTAL PARTNERS Project Manager. V. Performance of the services outlined in Section 5., parts (i.) through(iv.)is to protect Client against defects and deficiencies in the work, and to verify compliance with the Contract Documents. Nothing in Section 5 relievesthe Contractor of their independent obligations under their contract with Client. 6. Interpretation of Contract Documents: Transmit to the Contractor clarification and interpretation of the Contract Documents,as issued by the ENVIRONMENTAL PARTNERS Project Manager. 7. Modifications: Consider and evaluate the Contractor's suggestions for modifications in Drawings and Specifications, and report them, with recommendations, to the ENVIRONMENTAL PARTNERS Project Manager. 8. Records: i. Maintain atthejob site orderly files for correspondence;reports of job conferences and sample submissions;and reproductions of original Contract Documents, including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENVIRONMENTAL PARTNERS' clarifications and interpretations of the Contract, ENVIRONMENTAL PARTNERS' clarifications and interpretations of the Contract Documents, progress reports, and other project-related documents. ii. Keep a diary or log book recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of principal visitors and representatives of fabricators, manufacturers, suppliers, and distributors; daily activities; decisions; and observations in general and specific observations in more detail, as in the case of observing test procedures. Send copies to the ENVIRONMENTAL PARTNERS Project Manager. iii. Record names, addresses, and telephone numbers of all Contractors, subcontractors,and major suppliers of equipment and materials. envpartners.com Page 7 of 9 9. Reports: L Furnish periodic reports, as required, of progress of the work and of the Contractor's compliance with the progress schedule and schedule of shop drawing submissions. ii. Prepare field memorandum, preliminary change orders and extra work orders,obtaining all back-up material. Recommend to the ENVIRONMENTAL PARTNERS Project Manager Field Memorandum, Change Orders, Extra Work Orders, and Field Changes. 10. Payment Requisitions: Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them, with recommendations, to the ENVIRONMENTAL PARTNERS Project Manager, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the work. 11. Certificates, Maintenance and Operations Manuals: During the course of the work, verify that certificates, maintenance and operation manuals,as appropriate,and other data required to be assembled and furnished by Contract are applicable to the items actually installed,and deliver this material to the ENVIRONMENTAL PARTNERS Project Managerfor his review and forwarding to Client prior to final acceptance of the work. 12. Completion: Conduct a review to determine if the Project is substantially complete, and to determine if, to the best of ENVIRONMENTAL PARTNERS'knowledge,the work has been completed in substantial conformance with the Contract Documents and the intent of the design,and if Contractor has fulfilled all of his obligations there- under,so that ENVIRONMENTAL PARTNERS may recommend,in writing, final payment to Contractor(s),and may give written notice to Client and the Contractor(s)that the work is acceptable(subject to any conditions therein expressed),but any such recommendations and notice shall be subject to the limitations expressed above. L Before ENVIRONMENTAL PARTNERS issues a Certificate of Substantial Completion,assist the ENVIRONMENTAL PARTNERS Project Manager in developing a list of observed items requiring correction or completion. il. Conduct final review in the company of the ENVIRONMENTAL PARTNERS Project Manager,Client and Contractor,and assist in preparation of a final list of items to be corrected. erlvp rtners.coamp Page 8 of 9 iii. Verify, to the best of his knowledge, that all items on final list have been completed or corrected, and make recommendations to the ENVIRONMENTAL PARTNERS Project Manager concerning acceptance. C. Limitations of Authority-Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents, or approve any substitute materials or equipment, unless authorized by the ENVIRONMENTAL PARTNERS Project Manager. 2. Shall not undertake any of the responsibilities of Contractor, subcontractors,or Contractor's superintendent. 3. Shall not expedite work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction, unless such is specifically called for in the Contract Documents. . Shall not advise or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize Client to occupy the project in whole or in part. 7. Shall not participate in specialized field or laboratorytests or inspections conducted by others, except as specifically authorized by ENVIRONMENTAL PARTNERS. 8. Shall not exceed limitations on ENVIRONMENTAL PARTNERS'authority as set forth in the Contract Documents. Task 3- Record Drawings Environmental Partners shall prepare record drawings and furnish three(3)sets of prints to the Client containing those changes made during the construction process which are reflected on the marked- up prints and drawings prepared by our Resident Project Representative and as furnished by the Contractor to Environmental Partners.In addition, Environmental Partners shall furnish an electronic copy of the record drawings in PDF and AutoCAD,as well as a PDF version of the tie cards. Fee and h l Environmental Partners proposes to perform the indicated Scope of Services for Tasks 1 and Task 2 for a not to exceed fee of Sixty-Four Thousand Two Hundred and Seventy Dollars ($64,270), and Task 3 for a lump sum fee of Six Thousand Seven Hundred Dollars($6,700).A breakdown of the fee and duration by task is presented in the table below. e riva r tners.co in Page 9 of 9 Task Fee Duration Task 1: Construction Administration Services $ 24,020 24 weeks (Time and Materials) Task 2: Resident Project Representative (Time and Materials) 40,250 7 weeks Task 3: Record Drawings 6,700 6 weeks (Lump Sum) Total $ 70,970 30 weeks Note:Task 1 and Task 2 will take place concurrently. Invoices will be issued to the Town on a monthly basis and will be based upon percentage complete per lump sum task. Time-charge rates shall be in accordance with our standard billing rates, which are updated April 15i of each year. All expenses and consultants will be billed with 10% markup. A status report documenting the work performed each month will be provided with each invoice. Summary If this proposal is acceptable to the Town we will coordinate with you for a formal agreement. Environmental Partners looks forward to working with you and your colleagues on this important project for the Town of North Andover. Please feel free to contact us directly with any questions or concerns. Sincerely, Eric A. Kelley, P.E. Benjamin j. Mangan, P.E. Principal Project Manager P: 617.657.0282 P: 617.657.0294 E:eak@envpartners.com E: bjm@envpartners.com Attachments: EP Standard Billing Rates (Effective until March 31, 2024) envpartners.com ENVIRONMENTAL 6 . PARTNERS Environmental Partners Standard Billing Rates Effective until March 31, 2024 CATEGORYi RATE Principal $250 Senior Project Manager $240 Project Manager $230 Senior Project Engineer/Scientist $202 Project Engineer/Scientist $175 GIS Coordinator Engineer $154 GIS Specialist Hydrogeologist $140 Scientist $135 GIS Technician $130 Technician $110 Resident Project Representatives Horizontal Construction $130 Vertical Construction $135 Clerical $99 envpartners.com DATE(MWDD/YYYY) AC®/�®O CERTIFICATE OF LIABILITY INSURANCE 7/19/2023 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 Kilgarriff/Brett Nealis _ _ The Graham Company PHONE� --" -�-"--� FAX — The Graham Building A/C No :215-701-5291 `.........,- — A/C No_ E-MAIL 1 Penn Square West ADDREss:_ KILGARRIFF_UNIT@grahamco.com Philadelphia PA 19102- INSURERS)AFFORDINGCOVERAGE NAIC INSURER A:Starr Surplus Lines Insurance Company 13604 INSURED APEXCOM-01 INsuRER B:Liberty Insurance Co oration 42404 Environmental Partners Group,LLC - —�— - ---" _ — 1900 Crown Colony Drive,Ste 402 INSURER C:Tokio Marine America Insurance Company 10945 Quincy,MA 02169 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1790765079 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^ P0,LICY EXP LIMBS LTR POLICY NUMBER MM/DD MMIDD A X COMMERCIAL GENERAL LIABILITY 1000065707221 7/31/2022 7/31/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE CUR PREMISES fEaErrDenoe) $300,000 MED EXP(Any one person) PERSONAL&. .._............. GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 .........___ POLICY X_ ROOT- X LOC PRODUCTS-COMPlOP AGO $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY AS5-Z51-294467-022 7/31/2022 7/31/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident rx— ANY AUTO BODILY INJURY(Per person) $ .__.—_v... ......... OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLYLX AUTOS —HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Pee accident$2,500 Cam $2,500 Coil _�. $_..._.—�_....._. A UMBRELLALU►B X OCCUR 1000336571221 7/31/2022 7/31/2023 EACH OCCURRENCE $26,000,000 X EXCESS LU1B - ----_ `._........_.__... CLAIMS-MADE _AGGREGATE $25,000,000 DED RETENTION$ $ B WORKERS COMPENSATION WC7-Z51-2 67-012 7/31/2022 7/31/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ....... ER ANYPROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 I'-N A OFFICER/MEMBEREXCLUDED7 i_J �` —J (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under ............... DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional/PdlutionLiability 1000065707221 7/31/2022 7/31/2023 Per claim/Aggregate 1M/2M C Contractors Equipment CPP6411631 7/31/2022 7/31/2023 LeasedlRented Equip 325,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached H more space Is required) Property Policy-Tokio Marine America Insurance Company Policy#CPP6411631;Policy Period 7/31/2022-7/31/2023 Re:Construction Services for the Femcroft Circle Water Main Project 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 120 Main Street AUTHOMEOREPRESENTATIVE 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