HomeMy WebLinkAboutContract #: 1711 - From: 03-07-2024 To: 06-30-2026 - Tighe and Bond - DPW CONTRACT NO. 1
VENDOR NO. 12446
CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on 7th day of March 2024, by and between Tighe&Bond,
Inc. a Massachusetts corporation with a usual place of business at 53 Southampton Road,
Westfield, MA, 01085, "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 request for qualifications for professional Engineering services for
the"On-Call Professional Engineering and Support Services".
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 provide "On-Call Professional Engineering and Support Services" as
requested by the TOWN. Individual assignments will be subject to written scope of work and
budget on a Purchase Order basis, with fees to be paid in accordance with the current master
contract billing rates (See Attached) submitted and accepted by the Town. This Contract will
commence upon execution and terminate on June 30, 2026. The term for each scope of work
shall be set forth on the applicable Purchase Order. Any extensions of time must be in writing
and are at the sole discretion of the TOWN.
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The Priced Proposal, Engineer's Supplemental Terms and Conditions, all required Certifications,
and all Insurance Binders are incorporated herein and made part of this Contract. In the event of
a conflict between this contract and the attached Supplemental Terms and Conditions, the
Contract language will prevail.
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Total payment under this Contract shall not exceed the Purchase Order issued for the requested
individual assignments. 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 with reasonable diligence and expediency
consistent with sound professional practices and in accordance with the standard of care
referenced below 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 issuance
of an assignment and applicable Purchase Order and shall prosecute and complete the work
regularly, diligently, and uninterruptedly at such a rate as will ensure completion in a timely
manner consistent with the agreed upon schedule, within the ENGINEER's reasonable control.
The ENGINEER shall perform professional services with the degree of care and of skill and
attention generally rendered by members of the same profession as the ENGINEER/design
professional for projects similar to this Project under similar circumstances in scope, difficulty
and location ("standard of care"). 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 in effect at the time the services are
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rendered and 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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As supplemented by the terms of ENGINEER's Supplemental Terms and Conditions, 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; If the TOWN declines such request, the
ENGINEER shall be able to rely upon the accuracy and completeness of information furnished by
the TOWN. Further, the ENGINEER shall not be held responsible for any errors or omissions that
arise directly as a result of erroneous or incomplete information provided by the TOWN. 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
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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.
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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.
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It is understood and agreed by the TOWN and the ENGINEER that a Contract Performance Record
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Form aligning with the consulting services to be performed mustbe required to 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 upon request prior to release of final payment under this
contract. the TOWN shall supply ENGINEER with a copy of the Contract Performance Record
Form.
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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.
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This Contract is subject to all applicable laws of the Commonwealth of Massachusetts, federal,
state, and local, which are applicable to this contract and in effect at the time the services are
rendered, and services provided to a public entity; and it is presumed that the ENGINEER is
cognizant thereof. In the event of a disagreement arising out of or relating to this Agreement or the
services provided hereunder, TOWN and ENGINEER agree to attempt to resolve any such
disagreement through direct negotiations between senior, authorized representatives of each
party. If any disagreement is not resolved by such direct negotiations,TOWN and ENGINEER further
agree to consider using mutually acceptable non-binding mediation service in order to resolve any
disagreement prior to litigation. Any and all proceedings or actions no resolved as noted above
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), General Liability including 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 and Professional Liability.
For the purpose of the Contract, the ENGINEER shall carry the following types of insurance in at
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least the limits specified below.
• Workers' Compensation—the required statutory amount
• Employer's Liability—$500,000
• General Liability, including 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
• Professional, Environmental and Pollution Legal Liability$1,000,000—per claim, $1,000,000_in
aggregate
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
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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If required by law, 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. If required by law, 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.
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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,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
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.
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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
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Tighe& Bond, Inc.
Department Head Name of Firm
Date: Date:
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Melissa Murphy-Rodrigues y:April S. Lassard,Vice President
TOWN Manager
Date:3f�1 � Date:
Federal Identification
No.:04-2821431
APPROVED AS TO FORM:
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Christine P.O'Connor,TOWN Counsel
Date
CERTIFICATION AS TM AVAILABILITY OF FUNDS:
OWN Accountant, Se Warm
Date
8
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal has been made and
submitted M good faith and without collusion or fraud with any other person. As used in this
certification, the word 'person' shall mean natural person, business,partnersNp,corporatism,
committee,union,club or other organization,entity,or group of individuals.
Sign re, = r
' a Date . r `
April S.Laa wd,Vke troWeM TVW a bond►ML
Print Name&'Titie Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b), I
April S. Lassard,Vice President .authorized signatory for Tighe&Bond.Inc.
Name of individual Name of ENGINEER
do hereby certify under the pains and penalties of perjury that said ENGINEER has compiled 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 ENGMEERs, and withholding and
remitting child support.
Date
9
Tighe&Bond
CERTIFICATE OF CORPORATE SECRETARY
I, Peter J. Grabowski, hereby certify that I am Corporate Secretary of Tighe & Bond, Inc. and
that the following vote was duly adopted by the Board of Directors of the Corporation on
November 30, 2023.
VOTED:
That Robert S. Belitz, Richard J. Benevento, John W. Block, Christopher C. Bone,
Douglas G. Cheppo, Jason L. Curtis, Peter B. Galant, Peter J. Grabowski, Francis
J. Hoey, III, Tiffany T. Labrie, April S. Lassard, William P. Mertz, Miles H.
Moffatt, Daniel P. Rukakoski, Peter M. Valinski, and Joseph P. Viamari, acting
singly, be and are hereby authorized and directed for and on behalf of the
Corporation, to negotiate, enter into, execute, and deliver any and all proposals,
agreements and contracts, required by the Corporation in the performance of all
of its services, and all other related matters in the ordinary course of the
Corporation's business, such proposals, agreements and contracts to be on and
subject to such terms as said signatory may deem necessary or appropriate and
in the best interest of the Corporation; the execution and delivery of same to be
conclusive evidence that such proposals, agreements and contracts and terms
and conditions thereof are binding on the Corporation and authorized by this
Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand on this Th day of March,
2024
4
Peter Grabowski
Corp ate Secretary
53 Southampton Road Westfield, MA 01085-5308 O Tel 413.562.1600
www.tif:;hebt>rrd.conr
PRICED PROPOSAL
AND SUPPLEMENTAL TERMS AND CONDITIONS
11
SUPPLEMENTAL TERMS AND CONDITIONS
TOWN OF NORTH ANDOVER
ON-CALL PROFESSIONAL ENGINEERING AND SUPPORT SERVICES 1 of 3
"PROJECT" shall be as defined in the individual Purchase way from the unauthorized use, alteration, misuse or reuse of
the electronic documents.
Order/Scope of Work Assignment
3.3 Electronic Data Bases - In the event that ENGINEER
1. SCHEDULE OF PAYMENTS prepares electronic data bases, geographical information
1.1 In the event of a disagreement as to billing, the TOWN system (GIS) deliverables, or similar electronic documents, it
shall pay the agreed portion. is acknowledged by TOWN and ENGINEER that such PROJECT
deliverables will be used and perhaps modified by TOWN and
1.2 If TOWN fails to make payment in full within 30 days of that ENGINEER's obligations are limited to the deliverables
the date due for any undisputed billing, ENGINEER may, and not to any subsequent modifications thereof. Once TOWN
after giving seven days' written notice to TOWN, suspend accepts the delivery of maps, databases, or similar
services and retain work product until paid in full. In the documents developed by ENGINEER, ownership is passed to
event of suspension of services, ENGINEER will have no TOWN. ENGINEER will retain the right to use the developed
liability to TOWN for delays or damages caused by such data and will archive the data for a period of three years
suspension. from the date of PROJECT completion.
2. RECORD RETENTION 4. INSURANCE
2.1 ENGINEER will retain pertinent records relating to the 4.1 Risk Allocation - For any claim, loss, damage, or liability
services performed for the time required by law, during which resulting from error, omission, or other professional
period the records will be made available upon reasonable negligence in the performance of services, the liability of
request and upon reimbursement for any applicable ENGINEER to all claimants with respect to a PROJECT will be
retrieval/copying charges. limited to ENGINEER'S available insurance, provided, however,
2.2 Samples - All soil, rock and water samples will be that this limitation of liability shall not apply to any loss or
discarded 30 days after submission of ENGINEER's report, damage arising out of ENGINEER's gross negligence, fraud,
unless mutually agreed otherwise or unless ENGINEER's willful misconduct, or illegal or unlawful acts.
customary practice is to retain for a longer period of time for 4.2 Damages - Notwithstanding any other provision of this
the specific type of services which ENGINEER has agreed to Agreement, and to the fullest extent permitted by law, neither
perform. Upon request and mutual agreement regarding TOWN nor ENGINEER, their respective officers, directors,
applicable charges, ENGINEER will ship, deliver and/or store partners, employees, contractors or subconsultants shall be
samples for TOWN. liable to the other or shall make any claim for any incidental,
3. OWNERSHIP OF DOCUMENTS indirect or consequential damages arising out of or connected
in any way to intended project or to this Agreement.
3.1 All reports, drawings, specifications, computer files, field S. SITE ACCESS
data, notes, and other documents, whether in paper or
electronic format or otherwise ("documents'), are instruments 5.1 Right of Entry - Unless otherwise agreed, TOWN will
of service and shall remain the property of ENGINEER, which furnish right-of-entry on the land for ENGINEER to make any
shall retain all common law, statutory and other reserved surveys, borings, explorations, tests or similar field
rights including, without limitation, the copyright thereto. investigations. ENGINEER will take reasonable precautions to
TOWN acknowledges ENGINEER's documents, including limit damage to the land from use of equipment, but the cost
electronic files, as the work papers of ENGINEER and for restoration of any damage great than those include in the
ENGINEER's instruments of professional services. Purchase Order Scope of Work that is not included in the
Nevertheless, the final documents prepared under this agreed compensation for ENGINEER. If restoration of the land
Agreement shall become the property of TOWN upon is required to its former condition, upon mutual agreement
completion of the services and payment in full of all monies this may be accomplished as a reimbursable additional service
due to ENGINEER. Under no circumstances shall the transfer at cost plus ten percent.
of ownership of ENGINEER's documents, electronic files or
other instruments of services be deemed a sale by ENGINEER 5.2 Damage to Underground Structures - Reasonable care
and ENGINEER makes no warranties, either express or will be exercised in locating underground structures in the
implied, of merchantability and fitness for any particular vicinity of proposed subsurface explorations. This may include
purpose. In no case shall ownership of documents include contact with the local agency coordinating subsurface utility
ENGINEER's logo, signature, professional stamps, templates, information and/or a review of plans provided by TOWN or
base plans, specifications or design details. TOWN's payment TOWN representatives for the site to be investigated.
to ENGINEER of the compensation set forth in the Agreement ENGINEER shall be entitled to rely upon any information or
shall be a condition precedent to the TOWN's right to use plans prepared or made available by others. In the absence of
documents prepared by ENGINEER. It is understood that confirmed underground structure locations, TOWN agrees to
TOWN may be required to make copies of documents available accept the risk of damage and costs associated with repair and
to the public under the Freedom of Information Act or the restoration of damage resulting from the exploration work.
Massachusetts Public Records Law prior to receipt of payment 6. OIL AND HAZARDOUS MATERIALS
by ENGINEER
The following provisions shall only be applicable should the
3.2 Electronic Documents - ENGINEER cannot guarantee the ENGINEER be retained to provide services which may include
authenticity, integrity or completeness of data files supplied in discovery of oil and hazardous materials in connection with
electronic writeable format, hard copies or PDF documents the PROJECT:
shall prevail. If ENGINEER provides documents in writeable
electronic format for TOWN's convenience, TOWN agrees to 6.1 If, at any time, evidence of the existence or possible
waive any and all claims against ENGINEER resulting in any existence of asbestos, oil, or other hazardous materials or
substances is discovered, ENGINEER reserves the right to
SUPPLEMENTAL TERMS AND CONDITIONS
TOWN OF NORTH ANDOVER
ON-CALL PROFESSIONAL ENGINEERING AND SUPPORT SERVICES 2 of 3
renegotiate the terms and conditions of this Agreement, the near a site contaminated by hazardous materials. Further,
fees for ENGINEER's services and ENGINEER's continued TOWN recognizes that these are inherent even through the
involvement in the project. ENGINEER will notify TOWN as exercise of the Standard of Care. TOWN accepts the risk and
soon as practical if evidence of the existence or possible hold ENGINEER and each of ENGINEER's subcontractors,
existence of such hazardous materials or substances is consultants, officers, directors, and employees harmless
discovered. against and all claims for damages, costs, or expenses direct
or consequential, in connection with a release of hazardous
6.2 The discovery of the existence or possible existence of
substances, except to the extent that such claims, damages,
hazardous materials or substances may make it necessary for
ENGINEER to take accelerated action to protect human health or losses are adjudicated to have resulted from ENGINEER'S
gross negligence or willful misconduct in the performance of
and safety, and/or the environment. TOWN agrees to
the services.
compensate ENGINEER for the cost of any and all measures
that in its professional opinion are appropriate to preserve 8. TOWN's RESPONSIBILITIES
and/or protect the health and safety of the public, the
environment, and/or ENGINEER's personnel. To the full extent 8.1 Unless otherwise stated in the Agreement, TOWN will
permitted by law, TOWN waives any claims against obtain, arrange, and pay for all notices, permits, and licenses
ENGINEER, arising out of or in any way connected with the required by local, state, or federal authorities; and TOWN will
existence or possible existence of such hazardous materials make available the land, easements, rights-of-way, and
substances at the site. access necessary for ENGINEER's services or project
implementation.
7. SITE INVESTIGATIONS
8.2 TOWN will examine ENGINEER'S studies, reports,
The following provisions shall only be applicable should the sketches, drawings, specifications, proposals, and other
ENGINEER be retained to provide Site Investigations in documents and communicate promptly to ENGINEER in the
connection with the PROJECT: event of disagreement regarding the contents of any of the
7.1 In soils, groundwater, soil gas, indoor air, or other foregoing. TOWN, at its own cost, will obtain advice of an
investigations, conditions may vary between successive test attorney, insurance counselor, accountant, auditor, bond and
points and sample intervals and for locations at or between financial advisors, and other consultants as TOWN deems
where observations, exploration, and investigations have appropriate; and render in writing decisions required by
been made. Because of the variability of conditions and the TOWN in a timely manner.
inherent uncertainties in such evaluations, explorations, or 9. OPINIONS OF COST, FINANCIAL ANALYSES,
investigations, changed or unanticipated conditions may ECONOMIC FEASIBILITY PROJECTIONS, AND
occur that may affect overall PROJECT costs and/or SCHEDULES
execution. These variable conditions and related impacts on
cost and PROJECT execution are not the responsibility of 9.1 ENGINEER has no control over cost or price of labor and
ENGINEER. materials required to implement TOWN's project, unknown or
7.2 TOWN recognizes that special risks occur whenever latent conditions of existing equipment or structures that
may affect operation or maintenance costs, competitive
engineering or related disciplines are applied to provide bidding procedures and market conditions, time or quality of
information regarding subsurface conditions. Even an performance by operating personnel or third parties, and
agreed sampling and testing program, implemented with other economic and operational factors that may materially
appropriate equipment and personnel with the assistance of affect the ultimate project cost or schedule. Therefore,
a trained professional performing in accordance with the ENGINEER makes no warranty, expressed or implied, that
applicable professional standard of care, may provide data TOWN's actual project costs, financial aspects, economic
or information which differs significantly from that discovered feasibility, or schedules will not vary from any opinions,
or encountered subsequently. Environmental, geological, and analyses, projections, or estimates which may be provided
geotechnical conditions, that ENGINEER may infer to exist by ENGINEER. If TOWN wishes additional information as to
between sampling points may differ significantly from those any element of project cost, feasibility, or schedule,TOWN at
discovered or encountered subsequently. The passage of its own cost will employ an independent cost estimator,
time also should be considered, and TOWN recognizes that contractor, or other appropriate advisor.
due to natural occurrences or direct, or indirect human
intervention at or near the site, actual conditions may 10. CONSTRUCTION PHASE PROVISIONS
quickly change. ENGINEER shall not be responsible for the The following provisions shall only be applicable should the
identification of emerging contaminants for which no current ENGINEER be retained to provide Construction Phase
regulatory provisions exists nor shall ENGINEER be held Services in connection with the PROJECT:
liable for not identifying or discussing these compounds even
if those compounds are detected at a later date. TOWN 10.1TOWN and Contractor - The presence of ENGINEER's
realizes that these risks cannot be eliminated. The services personnel at a construction site, whether as onsite
included in this agreement are those agreed to, or selected, representatives or otherwise, does not make ENGINEER or
consistent with TOWN's risk preferences and other ENGINEER's personnel in any way responsible for the
considerations including cost and schedule. obligations, duties, and responsibilities of the TOWN and/or
the construction contractors or other entities, and does not
7.3 By authorizing ENGINEER to proceed with the site relieve the construction contractors or any other entity of
investigation services, TOWN confirms that ENGINEER has their respective obligations, duties, and responsibilities,
not created nor contributed to the presence of any existing including, but not limited to, all construction methods,
hazardous substances or conditions at or near the site. means, techniques, sequences, and procedures necessary for
TOWN recognizes that there is an inherent risk in drilling, coordinating and completing all portions of the construction
borings, punching or driving probes, excavating trenches or work in accordance with the construction contract documents
implementing other methods of subsurface exploration at or
SUPPLEMENTAL TERMS AND CONDITIONS
TOWN OF NORTH ANDOVER
ON-CALL PROFESSIONAL ENGINEERING AND SUPPORT SERVICES 3 of 3
and for providing and/or enforcing all health and safety connected thereto from modifications, clarifications,
precautions required for such construction work. interpretations, adjustments or changes made to the
10.2Contractor Control - ENGINEER and ENGINEER'S Contract Documents to reflect changed field or other
conditions, except for claims arising from the sole negligence
personnel have no authority or obligation to monitor, to
or willful misconduct of the ENGINEER.
inspect, to supervise, or to exercise any control over any
construction contractor or other entity or their employees in 12. SCHEDULE
connection with their work or the health and safety 12.1The TOWN agrees that the ENGINEER is not responsible
precautions for the construction work and have no duty for for damages arising directly or indirectly from any delays for
inspecting, noting, observing, correcting, or reporting on causes beyond the ENGINEER's reasonable control. For
health or safety deficiencies of the construction contractor(s) purposes of this Agreement, such causes include, but are not
or other entity or any other persons at the site except limited to, strikes or other labor disputes; severe weather
ENGINEER's own personnel. disruptions or other natural disasters, pandemics, or acts of
10.3 On-site Responsibility - The presence of ENGINEER's God; fires, riots, war or other emergencies; failure of any
personnel at a construction site is for the purpose of government agency to act in timely manner; failure of
providing to TOWN an increased degree of confidence that performance by the TOWN or the TOWN's contractors or
the completed construction work will conform generally to consultants.
the construction documents and that the design concept as 12.2The ENGINEER's schedule includes reasonable
reflected in the construction documents generally has been allowances for review and approval times required by the
implemented and preserved by the construction TOWN, performance of services by the TOWN's consultants,
contractor(s). ENGINEER neither guarantees the and review and approval times required by public authorities
performance of the construction contractor(s) nor assumes having jurisdiction over the PROJECT. This schedule shall be
responsibility for construction contractor's failure to perform equitably adjusted as the PROJECT progresses, allowing for
work in accordance with the construction documents. changes in scope, character or size of the PROJECT
10.4 Payment Recommendations - Recommendations by requested by the Client, or for delays or other causes beyond
ENGINEER to TOWN for periodic construction progress the Consultant's reasonable control.
payments to the construction contractor(s) are based on 13. MISCELLANEOUS TERMS
ENGINEER's knowledge, information, and belief from 13.1 CORPORATE PROTECTION - Notwithstanding anything
selective observation that the work has progressed to the to the contrary contained herein, the TOWN agrees that as
point indicated. Such recommendations do not represent that the TOWN's sole and exclusive remedy, any claim, demand
continuous or detailed examinations have been made by or suit shall be directed and/or asserted only against the
ENGINEER to ascertain that the construction contractor(s) ENGINEER, a Massachusetts corporation, and not against
have completed the work in exact accordance with the any of the ENGINEER's individual employees, officers or
construction documents; that the final work will be directors.
acceptable in all respects; that ENGINEER has made an
examination t0 ascertain how Or for what purpose the 3:\N\N1093 NORTH ANDOVER NOV SUPPORT\018-ON-CALL PROF CIVIL
construction contractor(s) have used the moneys paid; that ENGINEERING\AGREEMENT\BACKU PIN FO\SUPPLEMENTAL TERMS&CONDrrIONS_REV.DOC
title to any of the work, materials, or equipment has passed
to TOWN free and clear of liens, claims, security interests, or
encumbrances; or that there are no other matters at issue
between TOWN and the construction contractors that affect
the amount that should be paid.
10.5 Record Drawings - Record drawings, if required as part
of ENGINEER's agreed scope of work, will be prepared, in
part, on the basis of information compiled and furnished by
others, and may not always represent the exact location,
type of various components, or exact manner in which the
project was finally constructed. ENGINEER is not responsible
for any errors or omissions in the information from others
that are incorporated into the record drawings.
11. DESIGN WITHOUT CONSTRUCTION PHASE
SERVICES
The following provisions shall only be applicable should the
ENGINEER be retained to provide design services but not be
retained to provide Construction Phase Services in
connection with the PROJECT:
11.1It is understood and agreed that the ENGINEER's Scope
of Services under this proposal does not include project
observation or review of the Contractor's performance or any
other construction phase services, and that such services will
be provided by the TOWN or others. The TOWN assumes all
responsibility for interpretation of the Contract Documents
and for construction observation, and the TOWN waives any
claims against the ENGINEER that may be in any way
ATTACHMENT-RATE TABLE
12
2023 FIXED HOURLY RATE SCHEDULE Tighe&Bond
TECHNICAL PROFESSIONALS TECHNICAL PROFESSIONALS
Senior Vice President $300.00 Senior Environmental Professional $260.00
Vice President $265.00 Principal Environmental Scientist $200.00
Safety&Health Director $230.00 Senior Environmental Scientist 2 $175.00
Senior Consultant $240.00 Senior Environmental Scientist 1 $155.00
Principal Landscape Architect $205.00 Senior Data Management Specialist 1 $155.00
Principal Engineer $230.00 Project Environmental Scientist 2 $135.00
Senior Project Manager $230.00 Project Environmental Scientist 1 $125.00
Project Manager 2 $200.00 Environmental Scientist 2 $110.00
Project Manager 1 $165.00 Environmental Scientist 1 $100.00
Senior Landscape Architect 2 $170.00
Senior Landscape Architect 1 $160.00 GIS PROFESSIONALS
Senior Engineer 2 $195.00 GIS Technical Director $230.00
Senior Engineer 1 $175.00 GIS Project Manager 2 $185.00
Senior MEP Professional 2 $195.00 GIS Project Manager 1 $145.00
Senior MEP Professional 1 $175.00 Senior Development Engineer $195.00
Project Engineer 2 $155.00 Senior GIS Analyst 2 $170.00
Project Engineer 1 $140.00 Senior GIS Analyst 1 $145.00
Project MEP Professional 2 $155.00 GIS Analyst 2 $135.00
Project MEP Professional 1 $140.00 GIS Analyst 1 $115.00
Project Landscape Architect 2 $155.00 GIS Technician 2 $95.00
Project Landscape Architect 1 $145.00 GIS Technician 1 $85.00
Staff Engineer 3 $135.00
Staff Engineer 2 $125.00 SUPPORT
Staff Engineer 1 $115.00 Remediation Technician 2* $105.00
Landscape Designer 2 $135.00 Remediation Technician 1* $95.00
Landscape Designer 1 $120.00 BIM Manager $170.00
Senior Architect $185.00 CAD Manager $170.00
Principal Planner $175.00 Senior Designer $155.00
Project Planner $135.00 Senior Drafter/Designer* $135.00
Planner 2 $125.00 Drafter/Designer* $120.00
Planner 1 $110.00 Graphics Support Specialist $110.00
Resident Engineer $175.00 Intern* $75.00
Construction Observer 3 $150.00 Administrative Support* $90.00
Construction Observer 2 $135.00
Construction Observer 1 $110.00
Principal Compliance Specialist $210.00
Senior Compliance Specialist 2 $165.00
Senior Compliance Specialist 1 $150.00
Project Compliance Specialist 2 $135.00
Project Compliance Specialist 1 $125.00
Compliance Specialist 2 $110.00
Compliance Specialist 1 $95.00
EXPENSES
1. Automobile transportation expense for employee travel directly related to the project shall be invoiced at the
prevailing Federal rate per vehicle mile.
2. Outside reimbursable expenses and services, which are rendered to Tighe & Bond by other than direct
employees,and any permitting fees paid by Tighe&Bond on behalf of the Client,shall be invoiced at Tighe&
Bond's direct cost plus 10%administrative fee.
3. Reimbursable expenses such as in-house field supplies and equipment rental, tolls and parking, overnight
mailings and bulk notification mailings, and in-house printing shall be invoiced at cost or unit costs as
applicable.
4. Costs for items such as regular mailings of project documents, telephone or fax communications, computer
usage charges,and miscellaneous in-house printing are included in the hourly rates shown above.
PROVISIONS
1. Rates are effective until December 31, 2023, at which time rates will be increased based on annual salary
review.
* For non-salaried personnel (noted above by an"*"),time worked in excess of eight hours in any day or forty
hours per calendar week shall be invoiced at 150 percent of the above rate.
2023