HomeMy WebLinkAboutContract #: 1756 - From: 07-10-2024 To: 12-31-2025 - Gale Associates - Town Manager CONTRACT NO.
VENDOR NO. 7911
CONTRACT FOR;ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on the 10th day of July, 2024, 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 North
Andover High School Athletic Field Improvements.
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, Facility Assessment and Schematic
Design; 2) Engineering and Design; 3) Permitting; 4) Final Design Documents; 5) Bid/Award
Services;and,6)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, 2024 and terminate
on December 31, 2025.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.
_2-
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.
-3-
Total payment under this Contract shall not exceed the sum of Three Hundred Twenty-seven
thousand six hundred seventy and 00/100 ($327,670.00) Dollars. This Contract is expressly
subject to and contingent upon an appropriation of funds.
M
-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 under this Contract will meet ethical business
standards and good stewardship of taxpayer and public funding to prevent waste or abuse.
The ENGINEER shall commence work promptly upon execution of this Agreement and shall
prosecute and complete the work regularly,diligently, and uninterruptedly at such a rate as will
ensure completion in a timely manner.
The ENGINEER shall use their best skills and attention,which shall not be less than such state of
skill and attention generally rendered by the ENGINEER/design professional for projects similar
to this Project in scope, difficulty and location.Consistent with the referenced standard of care,
the ENGINEER shall be responsible for the professional and technical accuracy for all work or
services furnished by him or his consultants and subcontractors. The ENGINEER shall perform his
work under this Agreement in such a competent and professional manner that detail checking
and reviewing by the TOWN shall not be necessary.
All consultants must be registered and licensed in their respective disciplines if registration and
licensor are required under the applicable provisions of Massachusetts law. The ENGINEER and
all consultants and subcontractors shall conform their work and services to any guidelines,
standards and regulations of any governmental authority applicable to the type of work or
services covered by this Agreement. Neither the TOWN's review, approval or acceptance of any
of the work or services performed shall be construed to operate as a waiver of any rights under
the Agreement or any cause of action arising out of the performance of the Agreement.
2
-7-
The ENGINEER shall produce One (1) reproducible copy of all drawings, plans, specifications and
other documents prepared by the ENGINEER which shall become the property of the TOWN upon
payment in full therefor to the ENGINEER. Ownership of stamped drawings and specifications
shall not include the ENGINEER's certification or stamp. Any re-use of such documents without
the ENGINEER's written verification of suitability for the specific purpose intended shall be
without liability or legal exposure to the ENGINEER or to the ENGINEER's independent
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 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 shall be consistent with and subject to the provisions of this
Contract. Subcontracts will not relieve or discharge the ENGINEER from any duty, obligation,
responsibility or liability arising under this Contract. The TOWN is entitled to copies of all
subcontracts and shall not be bound by any provisions contained in a subcontract to which it is
not a party.
-10-
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person, and in full
conformity with MGL c.268A. As used in this certification, the word "person" shall mean any
natural person,business,partnership,corporation,union,committee,club or other organization,
entity, or group of individuals.
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
-is-
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—$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.
-17-
The ENGINEER will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151B (Law Against Discrimination) and
any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
5
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,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.
-19-
At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the ENGINEER for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
-20-
This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.Any Amendments to this Contract must be made in writing
and executed by all signatories to the original Contract, prior to the effective date of the
amendment.
-21-
Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
or on the behalf of the party giving or serving the same. Notice shall be deemed to have been
received at the time of actual service or three (3) business days after the date of a certified or
registered mailing properly addressed. Notice to the ENGINEER shall be deemed sufficient if sent
6
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
apart ent He Gate Associates, Inc.
By:Allison E. O'Neill, P.E., President
Federal Identification
No.: 04-2319385
Date: Date:July 11, 2024
Melissa Murphy-Rodrigues
TOWN Manager
Date:
APPROVED AS TO FORM:
C161
Christine P. O'Connor,TOWN Counsel
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Kyloart,TOWN Accountant
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.
Signature ' "'X-� .� Date July 11,2024
Allison E.O'Neill, P.E.—President 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
Allison E. O'Neill ,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.
'� . July 11,2024
Signature Date
8
CERTIFICATE OF AUTHORITY
July 9,2024
(Date)
At a meeting of the Board of Directors of Gate Associates, Inc. duly
(Name of Corporation)
called and held at Rockland Massachusetts on the of
January 2024, at which a quorum was present and acting, it was VOTED that
Allison ill, P.E.. r s of this
(Name) (Title)
Corporation, is hereby authorized and empowered to make, enter into, sign, seal and deliver
contracts on behalf of this Corporation.
i do hereby certify that the above is a true and correct copy of the record,that said VOTE has
not been amended or repealed and is in full force and effect as of this date, and that
Allison E. O'Neill, P.E. s the duly elected President of this
Corporation.
ATTEST:
Lynette C. Young Date
Secretary
(Affix Corporate Seal) `�,�\S0C14P� o®®�
tea° 1964
/i 111 w
GALEASS-01
CERTIFICATE OF LIABILITY INSURANCE �`719/2024
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(iss)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terrors and conditions of the policy,certain policies may require an endorsement. A statament on
this certificate does not confer rights to the corlificate holder In lieu of such endorse s.
PRODUCER CT
$59 Willard S h t
Suite 32..�0
Quincy,MA 021 69
INSUREDGale ,Inc, 2iiiizz
A.XV
300 Ledgewood Place,Suite 300
Rockland,MA 02370
INSURER E
INSURER F
COVERAGES R FIC R: REVISIO&I N BE :
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,
West TYPE OF INSURANCE �" POLICY NtnIBER POLICY EFF POLICY P LIIAITS
A X COMMERCIAL GENERAL LIABILITY Y 1.000,000
EACH OCCURRENCE
CLaIttiH DE CUR X 037117330 51112024 5/112025 GEETO. T ® 1,000,000
_ MEO FJfP a aa, 15,000
H L A R 4TE LIMIT S �y��p��R� 2 2,000,000
LICY�X JX LOC GOUCTS-C®MIPIQ _GG.. 2,000,000
THER:
B AUTOMOBILE LIABILITY OMBINED SINGLE LIMIT 1,000,000
XANYAUTO X 7037117327 5/1/2024 51112025 BODILY INJURY Per
LAUTOS
SCHEDULED
LY A(UTTOS ® I Y INJI Ry �®r„m,_,LY A41T Y OPER �...._'�_A A I ue X cccuR EaCHi occuRRENCE 7,000,000
AO CLAIM"ADE X 7037117358 $1112024 5/112025 7,000,000
RETENTION S 10,
=egmPER CYTHi-
A ae Pe RIEMTc �EcunvE YIN
N NIA 70371173" 51112024 511/2025 E.L.EA H�aCclDEraT i, ,ow
a E.L.DI5s
M under E-Ea MPLOYE
RIFT )
_ 1,000,000
below E.L�DI EASE-POLCY LIMIT 1' '0w
C Professional Llab 031711024 5/112024 SN12025 Per Claim 3,000,000
C 31711024 511/2024 SM12025 Aggregate 5,000,000
DESCRIPTION OF OPERATIONS N LOCA SN VEHICLES JACORD 101,AddklwW Romado SdwduK easy be atHsdwd N man apses Is requkid)
All Coverages are In accordance with the policy term and cored
RE:North Andover High School Athletic Field Improvements Project-Gale JN 719360
The Town of North Andover shall be included as additional Insured with respects to General,AuW,and Umbrella LUMIlty where required by wrHtan contract
A 30 Day Notice of Cancellation Is provided In accordance with the policy farms and conditions.
CERTIFICATE HOLDER rI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Town Of North Andover THE EXPBtATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
120 Main Street
North Andover,MA 01845
AUTHORIZED REPRESENTATIVE
:1c
ACORD 25(2016103) 011188-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
� ������ Gale Associates,Inc,
300 Ledge wood Place.I Suite 300(Rockland Ma 02370
..A1L
P 781.335,6465 F 781.335.6467
www.galeassociates.com
July 2,2024
Town of North Andover
120 Main Street
North Andover,MA 01845
Attn: Ms.Laurie Burzlaff—Assistant Town Manager/Director of Operations
T:(978)688-9510
E:lburzlaff@northandoverma.gov
Re: Engineering Consulting Services
North Andover High School Athletic Complex
North Andover,MA
Gale P07420
Dear Ms.Burzlaff:
Gale Associates, Inc. (Gale) is pleased to present this proposal to provide Engineering
Consulting Services to the Town of North Andover(Town) regarding the above-referenced
facility.
PROJECT UNDERSTANDING
In the fall of 2022,Gale conducted Town-Wide Master Planning Services for several athletic
facilities in the Town. The final Master Plan was issued on January 26,2023,which identified
several potential improvements to the North Andover High School (NAHS)athletic facilities.
Based on the Master Plan and our follow-up call with the Town on May 21, 2024,Gale has
had the opportunity to review the current project requirements and understands that the
project generally includes:
Conversion of the existing grass baseball/multi-purpose field to synthetic turf.
Turf replacement at Walsh Field to include softball with related appurtenances.
New athletic lighting at the baseball field,additional athletic lighting upgrades at Walsh
Field,and new lights at the track and field.
Based on the above project understanding,Gale will provide engineering services for design,
permitting assistance,bid,and construction phase services,as follows:
Phase Jl-Background Evaluation,Facility Assessment and Schematic Design
Attend a "start-up" meeting with the Town to finalize the project goals, design criteria,
and milestone schedule. Prepare the meeting agenda and issue related meeting minutes.
SINCE 19"
Ms.Laurie ff -CAL E
Town of Northrth Andover
Re:North Andover High School Athletic Complex
July 2,2024
Page 2
• Obtain and review updated (if any) local planning and zoning regulations applicable to
the project parcel. Identify current zoning and applicable overlay districts. Identify zoning
restrictions that may bear on the project(e.g.,use restrictions,setback,structure height
limitations,etc.).
• Gale will retain the services of Bayside Engineering (Bayside) to perform topographic
survey of the existing conditions, extending twenty-five feet (25') beyond the project
limits:
m Prepare a plan depicting 1-foot contours and applicable spot grades, as well as
existing site features and wetland flags,as required.
® Field locate site utilities, including rim and invert elevations, based on record
information and visible above-ground appurtenances.
• Provide an existing conditions base plan in AutoCAD.
• This proposal does not include a property boundary survey. Therefore,the resultant
plan will not be stamped by a Professional Land Surveyor(PLS).
Bayside's proposal is attached, and their services will be invoices as a reimbursable
expense.
• Geotechnical Services: Gale will retain the services of a Geotechnical Consultant,Nobis
Engineering,Inc.(Nobis),to complete a series of fourteen(14)geotechnical borings(8 at
the baseball/multi-purpose field,2 at Walsh Field,and 4 at the track and field)(estimated
to take seven days),at key project locations,to characterize the underlying geotechnical
strata and establish the design parameters for the athletic light pole foundations. Nobis
will retrieve samples and complete laboratory testing to characterize the soils. Nobis'
proposal is attached,and their services will be invoiced as a reimbursable expense.
Nobis will also observe field testing to gain a general understanding of the prevailing soil
classifications, topsoil depth, infiltration rates and groundwater elevations at the
baseball/multi-purpose field.
• Coordinate the services of a contractor to excavate/open four (4) test pits.
Contractor and equipment costs will be invoiced as reimbursable expenses.
a A soil evaluator will complete the test pit logs.
• Nobis will notify DigSafe,as required,prior to the test pit excavation. Nobis will Pre-
mark for DigSafe.
• Wetlands Delineation: It appears that there are project elements within one-hundred
feet(1W)of a jurisdictional resource area. Therefore,Gale will retain the services of LEC
Environmental Consultants, Inc. (LEC)to complete a field delineation of these potential
wetland areas within 100 feet of project limits, and locate the resultant flags by survey,
in accordance with methods prescribed by the Massachusetts Department of
Environmental Protection (MADEP) and the Town's permitting authority, as applicable.
Ms.Laurie ff 4GA L E
Town of Northrth Andover
Re:North Andover High School Athletic Complex
July 2,2024
Page 3
Identify the limits of Bordering Land Subject to Flooding using available information from
the Federal Emergency Management Agency (FEMA) and the existing conditions plan
annotated accordingly. Review available online GIS data for the presence of Critical
Habitat or Endangered Species,which may impact the project planning.
• 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
utilities evaluation will be based on available record plans provided by the Town,visible
above-ground appurtenances and paint marking by DigSafe.
• Using the existing conditions information compiled and developmental program,Gale will
prepare one(1)conceptual layout for the proposed improvements. Meet with the Town
on one(1)occasion to review the conceptual plan. Complete one revision to the layout,
based on client direction,to produce a final preferred schematic layout with preliminary
schematic level estimates of constructed cost.
• The final schematic design submission will include layout, grading, drainage, and utility
plans. Meet with the Town to review the schematic plan submission. The Town will
provide approval of the schematic plans prior to proceeding with Engineering and Design.
Phase 2-Engineering and Design
• Perform stormwater hydrologic analysis and calculations,addressing potential effects on
drainage patterns and peak flows for the baseball/multi-purpose field. Analyses will be
performed on 2-,10-and 300-year storm events,under existing and proposed conditions,
and include the design of on-site collection, detention, and/or infiltration systems, if
necessary for mitigation. Design the storm drain system for the site based on a storm
frequency and related details acceptable to the MADEP and the Town's regulatory
agency,as applicable and required for permit applications.
• 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.
• Gale will retain the services of an Electrical Engineering Consultant,Vincent A.Dilorio,Inc.
(VAD),to perform sizing and capacity design for site electrical related to the athletic field
lighting and site lighting. This proposal does not include engineering or design for off-site
electric utility work that may be required to bring power to the site,but VAD will plan for
future lighting at the tennis courts, as discussed in the Master Plan. VAD's proposal is
attached,and their services will be invoiced as a reimbursable expense.
• The design development/permitting plan set will generally include:
a Outline Technical Specifications
• Existing Conditions Plans
Ms.Laurie 8urzlaff 4G "'"' �1W
Town of North Andover
Re:North Andover High School Athletic Complex
July 2,2024
Page 4
• Erosion Control and Demolition Plans
• Layout and Materials Plans
® Grading and Drainage Plans
® Utilities(water,electrical,communications,etc.)Plans
• Finished Grading and Turf Marking Plans and Details
• Signage and Striping Plan
• Miscellaneous Site Details
• Site Lighting Plans
® Athletic Lighting Plans
• Make design development progress submissions at the 50% and 90% stages of
completion. Submissions will include plans, details, and technical specifications.
Construction cost estimates will be included with each submission. Meet with the Town
to present and review design opinions at each submission. Issue meeting minutes to
confirm our understanding of the Town's intent.
Phasic 3-Permitting
• The limit of the construction work appears to be within the jurisdictional buffer zone of
Environmental Resource Areas. As such,the project will require permitting through the
local Conservation Commission and the MADEP. Gale will:
® Meet once informally with the regulators at the Schematic Design Phase to discuss
potential project impacts and mitigation.
• Prepare the permit application.
• Attend a site visit.
® Attend up to two(2)meetings/hearings related to the wetlands filing.
• There are several issues that may trigger a Site Plan Review and/or a ZBA waiver(i.e.,
amount of land disturbance,height of proposed athletic lighting). If required,we will:
® File an application for Site Plan Approval with the Planning Board and/or Zoning
Board.
• Meet informally with the regulators during the Schematic Design Phase to discuss
potential project impacts.
® Attend up to two(2)meetings or public hearings related to this application.
Phase 4-Final Design Documents
• Following the receipt of permit decisions,the Town's comments from the Engineering
and Design Phase and authorization to proceed,we will finalize the site design documents
suitable for competitive bidding. Provide the Town with a set of construction drawings
stamped by a Registered Civil Engineer,as appropriate.
Ms.Laurie Burzlaff , CA L E
Town of North Andover
Re:North Andover High School Athletic Complex `
July 2,2024
Page 5
• Like our previous North Andover projects,the Town will provide the non-technical"front-
end" contract requirements for the preparation of the contract documents, while Gale
will provide the other required front end sections and technical specifications.
Phase S-MIA word Services
Assist the Town with bid phase services.
® Draft an Invitation to Bid for the Town's approval and review advertisement
requirements with the Town.
• Attend a pre-proposal site visit for prospective bidders.
® Respond to requests for clarification.
® issue addenda to the bid documents,if required.
• Attend the general bid opening with the Town.
• Review the two(2)low proposal submissions for completeness and responsiveness.
® Evaluate the low bidders' performance on representative projects and provide the
Town with a summary of the bid review results.
Phase 6-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 the Town. 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 construction meetings 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 twenty-
eight (28) weeks. Gale's proposal is predicated on twenty-eight (28) 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
the Town with project close-out:
® Certify Substantial Completion.
• Provide a summary of punch list items requiring completion by the contractor.
Ms.Laurie Burzlaff ,4G '""' LE
Town of North Andover J
Re:North Andover High School Athletic Complex
July 2,2024
Page 6
• 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 the Town.
COMPENSATION
• Gale's compensation to provide the Scope of Services is detailed as follows:
Fee R*jgftMjhft
Consultants
Phase 1-Background EvaL,Assess.&Schematic Design $ 19,36S.00
Survey(Bayside) $ 12,6S0.00
Wetlands Delineation(LEC): $ 9,775.00
Geotechnical Engineer(Nobis): $ 58,99S.00
Site Electrical/Lighting(VAD): $ 17,82S.00
Phase 2-Engineering and Design $ 51,S30.00
Phase 3-Permitting $ 24,1S0.00
Phase 4-Final Design Documents $ 24,380.00
Phase 5-Bid/Award Services $ 9,050.00
Phase 6-Construction Phase Services $ 96,500.00
Site Electrical/Lighting(VAD): 5 3.450.00
Subtotals: $224,975.00 $102,69S.00
TOTAL $327,670.00
• Gale's compensation for the Scope of Services includes miscellaneous reimbursable
expenses,such as mailing,mileage,printing,etc.,associated with the project.
• Reimbursable subconsultant expenses are budgeted as noted above,and include Gale's
standard 15%subconsultant mark-up.
• Gale's services will be performed in accordance with our General Terms and Conditions
and Schedule of Fees,dated April 2024,attached.
PROJECT PARAMETERS AND LIMITATIONS
• Record plans will be provided to Gale by the Town.
• 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 A0,
Town of North Andover 4GA L E
Re:North Andover High School Athletic Complex
July 2,2024
Page 7
• 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 the Town 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.
• The Town 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 the Town. Building permits,other utility connection permits, demolition
permits,and any other municipal construction permits required will be the responsibility
of the general contractor,
• Gale will address one(1)round of peer review comments pursuant to permit applications
made by Gale on behalf of the client. if the permitting authority engages multiple peer
reviewers,then Gale can address these comments as additional services.
• For publicly bid projects,Gale will advertise the project In the Central Register. The Town
will be responsible for local newspaper advertisements,and postings 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 Gales part, nor alters the
contractor's responsibility to complete all work in accordance with the contract
documents.
Ms.Laurie Burzlaff AN
Ar-ft ZA
Town of North Andover
Re:North Andover High School Athletic Complex
July 2,2024
Page 8
• Gale's fee does not include:
• Floodplain elevation determination studies.
• Habitat studies or mitigation design.
• Meetings beyond those defined/enumerated above.
• Physical location,camera inspection,or the evaluation of condition of utilities.
• Design of 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.
• 3-D perspective renderings or models.
• Permitting beyond those services indicated above.
• Permitting for open Order of Conditions of previous projects.
• SWPPP and NPDES Permit will be prepared by others.
• Services related to a bid protest.
• Re-work due to change in regulations.
• Mechanical/electrical/plumbing/fire protection services.
• Third party professional cost estimating.
• Contractor services and associated equipment,including third party testing.
0 Traffic studies.
* Services related to site contamination or hazardous materials testing(LSP services).
* Construction as-built survey or plan preparation.
* Wetlands replication or off-site mitigation design.
* 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 the Town's request,which 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 contract for services.
• Receipt of this signed proposal is required prior to Gale initiating services on the project.
• Should the Town submit a contract to Gale for this project,rather than sign this proposal,
the above Scope of Services and Project Parameters and Limitations must be included in
such contract. Please note that it is Gale's policy to have all contracts reviewed by our
attorney prior to execution. Accordingly,if a contract is submitted,project start-up may
be delayed while the contract is reviewed and negotiated.
Laurie A
To �IF
Town of North
rth An Andover
Re:North Andover High School Athletic Complex
July 2,2024
Page 9
Thank you for considering Gale for this project. Should there be any questions,please do not
hesitate to contact the undersigned.
Best regards, Accepted for:
GALE ASSOCIATES,INC. TOWN OF NORTH ANDOVER(TOWN)
The Undersigned represents that he/she is an
Kathleen/'D. ffe#,v&Z/c*niv officer/principal of the Town and is duly
Kathleen D.Hervol authorized to execute this contract on behalf
Sr.Project Manager of the Town.
Peter Spa#o*1cmh, Signature
Peter Spanos,P.E.
Director of Athletics
Type Name and Title
KDH/PS/cmh
Enclosures: Date
• Bayside Proposal
• LEC Proposal
• Nobis Proposal
• VAD Proposal
• General Terms and Conditions
• Schedule of Fees
W:\Proposals\Town-Municipal 6ldgs-Schoo1s\MA\North Andover\High School\NAHS Athletic Complex improvements\2024
0702 NAHS Athletic Complex Improvements.docx
�BAYSIDE
GINEEMM;
600 Unicorn Park Drive—Woburn,MA 01801 —Phone: 7 1.932.3201 — : 7 1.932.341
June 1 , 024
Kathleen D. Hervol,Director of Athletics
Gale Associates, Inc.
300 Ledgewood Place, Suite 300
Rockland,MA 02370
RE: Topographic Survey
North Andover High School
North Andover,MA 01845
Dear Kathleen:
Thank you for contacting Bayside Engineering, Inc. to request an estimate for work to be
performed at North Andover High School ( S) in NorthAndover, MA. Enclosed please find a
"Job Order"describing the work to be performed,and Bayside Engineering,Inc.
e look forward to working with you on your project. If you have any questions,please contact
our office.
Sincerely,
BAYSIDE ENGINEERING,INC.
Norman H.Brown,P. .,P.L.S.
President
Encl.
1
o'Vagad/�i--r,
AYSIDE
. 1 f ENGINEERING
600 Unicorn Park Drive—Woburn,MA 01801 —Phone: 7 1.932.3201 - : 7 1.932.341
JOB ORDER
Job# Location: North Andover High School
Name: Kathleen D.Hervol North Andover,MA 01845
Company: Gale Associates,Inc.
Street: 300 Ledgewood PI,Suite 300 Date Rec'd: 6/10/2024
City/Town: Rockland,MA Date Start: ®5 weeks fromT
Deed Bk: Page:
Phone: 7 1-335 65 Date:
Email: kdh@gainc.com Plan:
Cell: Tax Map: Lot:
Description: Topographic Survey for Improvements(see attached survey limits)
Synthetic Turf Baseball and Multipurpose Field with Athletic Lighting;
Walsh Field®Turf Replacement and two(2)new MUSCO lights;
Alexander P.Farese Track—Athletic lighting replacement(wetland flags,shotput area
survey and existing athletic light pole locations only)
• 15 Acre+/-Topographic Survey
• General vertical and horizontal accuracy< 1-inch
• State Plane Coordinates and NAVD 8
• Location of existing features in highlighted area(s)on attached plan
• Record Utility provided by Gale Associates added to base plan
• Wetland flags as indicated on attached plan
• Prepare Base plan showing existing features and one-foot contours
• Provide Base plan,Civil3D files(including surface)
• No property line survey( IS approximate property lines shown)
• PLS stamp not needed
Estimate: Topographic Survey and Plan Preparation:
Lump Sum Fee$11,000.00
Notes: Any additional work outside of this contract will be done on a time and material basis.
Client authorization will be required in writing prior to any work outside of the scope
outlined above being performed.
Estimate is rm frar-30 dqys. 4fier 30 d"rays, estimate is°+ra flje i to t1hange without notice.
Authorized by: Date:
2
51AINDARD EEE SCHEDULE
Floury hut
Principal $245.00
Director of Traffic Engineering $230.00
Chief Civil Engineer $230.00
Project Manager $225.00
Senior Engineer $190.00
Project Engineer $165.00
Senior Designer $150.00
STAFF Engineer $130.00
Jr.Engineer/Designer $115.00
Senior Drafter $115.00
Clerical S 70.00
GPSSURVEYOR $185.00
SURVEYOR $170.00
Two-Person Survey Crew $275.00
Professional Land Surveyor $205.00
Resident Pmject Representative $130.00
Expert testimony and depositions will be billed at 2.5 times the standard fee.
Attendance of meetings, hearings, site walks, etc., that occur after 5:00 p.m. on regular business weekdays, on
holidays,or on weekends,will be billed at 1.5 times the standard fee or as stipulated in the scope of services.
Fees are subject to change on January 1,2025 and every year thereafter for the life of the contract.
Postage,legal notices,registry of Deed fees,and other project related fees,will be billed at the cost plus fifteen(15)
percent service charge.
Project application fees,permit fees,etc.shall be paid directly by CLIENT.
Any project subcontractors,for example,excavators,pumping,outside consultants,etc.that may be necessary for the
project will be contracted directly by the CLIENT and paid for by the CLIENT.(Should ENGINEER accept to pay
any such fees on behalf of the CLIENT,the CLIENT shall reimburse ENGINEER the cost plus a fifteen(15)percent
service charge.)
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W E T L A N 1) S W I L 0 L 1 F—E W A T E P W A ys
LEC
June 13,2024
Email (Whoagainc.com)
Ms.Kathleen Hervol,Director of Athletics
Gale Associates,Inc.
300 Ledgewood Place,Suite 300
Rockland,MA 02370
Re: Wetland Delineation and Report JLEC File GAI\24-266.041
Athletic Field Improvements
North Andover High School
North Andover,Massachusetts
Dear Ms.Hervol:
LEC Environmental Consultants,Inc,(LEC)is pleased to submit this proposal to conduct a site evaluation
and to delineate Wetland Resource Areas in support of the Athletic Field improvements at the North
Andover High School in North Andover,Massachusetts. This proposal is based ono email
correspondence and review of the Locus Maps provided,and constitutes an Agreement for Services with a
budget for your review. This proposal includes a Scope of Services,Additional Services,and Fees for
Services.
I Scope of Services
'Me following tasks are to be performed under this Agreement:
1.1 LEC will conduct a site evaluation to identify and characterize existing protectable Welland
Resource Areas,and determine the outermost boundary of Bordering Vegetated Wetlands(BVW)
or Bank to intermittent stream proximate to the proposed activities. Boundary determinations
will be based on criteria enumerated in the Massachusetts Wetlands Protection Act(M.G.L.c.
13 1,s.40,the Act)and its implementing Regulations at 3 10 CMR 10.00(the Act Regulations),
and the Town ofNorth Andover Wetlands Protection Bylaw(Chapter 178 of the Code of North
Andover,the Bylaw)and implementing Regulations(Bylaw Regulations). Hydric soils and plant
community composition will be evaluated in accordance with the handbook Delineating
Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act(September
2022)and the Field Indicators for ldent ing Hydric Soils in New England(Version 4,June
2020). This site evaluation will also be utilized to gather data regarding floristic,topographic,
edaphic,and surficial hydrologic site characteristics. DEP BVW Determination Forms will be
completed,as applicable,at one transect representative of BVW on the project site.
Initial:
.......... ....................--",.......................................................... W c o""u n
12 Resmk 11nall 390 Lowelt S�peo WO Glove "OreieV 11 0 8ciX 690 CHO Vhwen Avenue
Suite � SiWe 1(31 SJO e 3�0 flm3ge, NH 0346� SLOle'3
PlyrnoiAh,MA 0216HY �Nakefirkl,MA M 8:80 MA 4)Ifji1!, Eav 1111cmdemi-p,H11 0:1914
508 746 949 70 25O) 508 7 53�:10 7 7 603 899 6726 44:H'tl 605 3,1109
PLY YIIIOm.PTH,MA WAKEMLD,MA WORCESTEUR,MA RWINDGE 11i CAST FIHOVOEINCE,R1
EC
This work may require wetland delineation and site evaluations on private property(776
Chickering Road)that will require right-of-entry permission from the landowner(s)for LEC,its
agents,and staff to perfon-n site inspections and wetland delineation, If right-of-entry
authorization is not granted by the landowner(s),LEC will conduct a general site walk,gathering
information we can observe from public roadways and/or property boundaries,and utilize
MassGIS data to document the approximate boundaries of said BVW and/or Bank line adjacent to
the project site.
Following completion of our field work,LEC will prepare a field sketch for use by the surveyor,
and will review the existing conditions survey plans to confirm an accurate depiction of the field
delineation and proper labeling of Weiland Resource Areas.
Following completion of our field work,LEC will prepare a field sketch for use by the surveyor,
and will review the existing conditions survey plans to confirm an accurate depiction of the field
delineation and proper labeling of Wetland Resource Areas.
It is important to understand that consultants can only provide their interpretation of the limits of
statutory Wetland Resource Area boundaries and only the appropriate regulatory agencies can
provide a legal boundary. Thus,any boundary established by a consultant is subject to
modification by the regulatory agencies.
1.2 LEC will prepare a Letter Report documenting our findings and include descriptions of the
Weiland Resource Areas identified at the site during our site evaluation enumerated in Article
I.I. The Letter Report will include the DEP BVW Determination Forms referenced in Article
1.1,as well as copies of the MassGIS Orthophoto,USGS Topographic Map,and FEMA Flood
Insurance Rate Maps.
1.3 LEC will provide project coordination,research,and review as it relates to the above services.
This scope includes eight(8)such hours of project coordination,research,and review.
Coordination beyond the four hours will be invoiced as"Additional Services"in accordance with
the attached Standard Fee Schedule.
2 Additional Services
The following is a list of services that are specifically,excluded from this Agreement,but can be,provided
upon your authorization in accordance with the attached Standard Fee Schedule.
2.1 LEC will provide additional consulting services to support initial findings,as requested by the
Client. Additional services are to be billed on an hourly basis.
3 Fees for Services
LEC has prepared an estimated budget of Eight Thousand,Five Hundred Dollars($8,500.00)for services
described in Articles 1.1 through 1.4,inclusive of expenses(mileage),as described in the Scope of Services
of this Agreement. LEC proposes to provide these services on an hourly is according to the attached
Standard Fee Schedule. LEC shall inform the Client should it become necessary to exceed the budget in order
to perform all proposed and additional services required.
Initial:
PLYMOUTH,MA WAKEFIELD,I14A WORCESTER.MA OUNIDGE INN EAST PROWDENCE,M
LEC
This proposal is valid until August 15,2024.
Thank you for the opportunity to provide these services,
Sincerely,
LEC Environmental Consultants, Inc. Agreed and Accepted By:
te�^`
Andrea Kendall,PWS Kathleen Hervol
Senior Environmental Scientist Gale Associates,Inc.
Date:
PLYMOUTH.MA WAKEF ELL,MA WORCESTER.PAA WNDGE NH EAST PROVIDENCE M
LC
Standard Fee Schedule
Consulting and Field Services: Hourly Rate:
Directors $175.00 - $225.00
Senior Soil Scientist $150.00 - $185.00
Senior Ecologist/Marine Biologist $150.00 - $185.00
Ecologist/Marine Biologist $100.00 - $165.00
Senior Wildlife Scientist $150.00 - $185.00
Wildlife Scientist $100.00 - $165.00
Wildlife Specialist $ 75.00 - $110.00
Senior Wetland/Environmental Scientist $150.00 - $185.00
Wetland/Environmental Scientist $100.00 - $165.00
Wetland/Environmental Specialist $ 75.00 - $110.00
Permitting Technician $ 60.00 - $ 85.00
AutoCAD Technician $ 85.00 - $125.00
Expert Testimony:
Executive Director $400.00
Assistant Director/Director $375.00
Senior Soil Scientist/Wetland Scientist $350.00
Wildlife/Wetland/Environmental Scientist $325.00
Ecologist/Marine Biologist $300.00
Wetland/Wildlife/Environmental Specialist $250.00
Reimbursable expenses include, but are not limited to:facsimile transmission, printing and
binding, photocopying, delivery charges, postage,expendable project related supplies, research
materials, permitting application fees, police detail,transportation, meals, and lodging.
Effective: 2/2024 Initial:
LEC Environmental Consultants,inc. www.[*convironmontal.com
12 Resnik Road 380 Lowell Street 100 Grove Street P.O.Box 690 680 Warren Avenue
Suite I Suite 101 Suite 302 Rindge.NH 03461 Suite 3
Plymouth,MA 02360 Wakefield.MA 01880 Worcester,MA 01605 East Providence,RI 02914
508346,9491 781.245-2500 508363.3077 603,899.6726 401.%5.3109
PLYMOUTH,MA WAKEFIELD,MA WORCESTER,MA RINOGE.NH EAST PROVIDENCE RI
=R 9
nobis
June 20,2024
File No.P00845.000
Ms. Kathleen D.Hervol
Director of Athletics
Gale Associates,Inc.
300 Ledgewood Place,Suite 300
Rockland,MA 02370
PI 781-335-6465 ext.215
kdh i inccoM 1t_&a
Re: Proposal for Geotechnical Engineering Services
North Andover High School Field Upgrades
North Andover,Massachusetts
Dear Ms.Hervol,
Nobis Engineering,Inc.d/b/a Nobis Group*(Nobis)is pleased to present this proposal to provide
geotechnical engineering services as part of the North Andover High School Athletic Track and
Field project in North Andover,Massachusetts. The purpose of our geotechnical study will be to
evaluate the general subsurface conditions at the project site for the design and construction of
new MUSCOL light poles across the proposed multi-purpose field, WaIsch Stadium, and at the
track and field. Our scope of services does not include an environmental assessment of the site;
however,we can modify our scope and fee to include these services,if requested.
This proposal outlines our understanding of the project, our proposed scope of services and our
lump sum fee to complete the services described herein.
PROJECT INFORMATION
Based on emails,our understanding of the proposed project is outlined below.
Site Location&Existing Information
The project area consists of an approximately 38-acre property
located at 430 Osgood St,North Andover,MA 01845 in North
Andover,Massachusetts.
Noble Group"
18 Chenell Drive
www.noble-group.com Concord,NH 03301
603-224-4182
mot NZ;
nobis
EMSThe property is currently developed with a high school, a
baseball feel alsc Stadium, Alexander P. Farese running
track, and football field; however, several acres o the parcel
also remain undeveloped.
Project Description/Information
We understand the project consists of evaluating the High
School's needs for design and construction of several MUSCO
light poles spanning across the site,in addition to infiltration
testing. At a minimum, the High School requires the
following elements Seven(7)new MUSCO light poles for the
proposed synthetic turf baseball and multi-purpose field,two
(2) new MUSCO light poles for updates to the Walsch field,
four(4) new MUSCO light poles for the new lighting at the
track and field,and four to five( 5)test pits with infiltration
tracing needed with the confines of the proposed synthetic turf
baseball field;ADA compliance.
Should any of the above information or assumptions be inconsistent with the planned
construction,please let us know so that we may make necessary modifications to this proposal.
SCOPE of SERVICES
Based on our discussions and our understanding of the project,our proposed geotechnical scope
of services is summarized in the following paragraphs.
Task 1-Dig Safe Coordination/Prepare Health&Safety Plan
In accordance with Massachusetts state law,we will coordinate notification of Dig Safe Systems,
Inc.(Dig Safe)for location of utilities in public easements.Nobis will visit the site and pre-mark
the planned test boring locations with wooden stakes and/or white paint.The proposed locations
will be measured from existing site features.
Locating private lines on the property is not part of Dig Safe or Nobis' scope of work;all private
lines should be marked,/identified by the owner before the start of the subsurface exploration
program.We will also contract with a private utility location firm to help evaluate the presence
of utilities in the vicinity of the boring locations. However,Nobis and/or its subcontractor(s)will
not be held responsible for damage to underground utilities(public or private)incorrectly marked
File No.P00845.000
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 2 of 8
NMRFN�" r�■w
nobis
or not marked by others.The locating of private utilities in the project area is the responsibility
of the owner.
We will prepare a site-specific Health and Safety Plan(HASP)in preparation for drilling activities
and procure a drilling subcontractor to perform the anticipated scope.The HASP will be intended
for use by the Nobis field personnel.
Task 2-Subsurface Exploration Program
Nobis will subcontract a drilling/excavation contractor for six(6)days of drilling to advance a total
of approximately fourteen(14)test borings and one(1)day to perform four to five(4-5)test pits at
the site,for a total of up to seven(7)days of explorations.
Item 2.1 -Test Borings
Nobis will coordinate with our drilling subcontractor to perform test borings at proposed
MUSCO light pole locations across the site. Locations will be based on drill rig access and
locations of known underground and overhead utilities. Test borings will be drilled to depths on
the order of 20 to 25 feet below existing grade,or refusal,whichever occurs first,using off-road
(ATV)mounted drilling equipment.
Soil sampling will be performed in general accordance with industry standard procedures wherein
split-barrel samples are obtained using hollow-stem auger techniques. Samples will be obtained
nearly,continuously to a depth of 10 feet, and at 5-foot intervals thereafter. Sampling intervals
may be varied at the time of drilling depending upon actual conditions encountered. Once soil
samples have been collected and classified in the field,they will be placed in appropriate sample
containers for transport to our office.
Nobis will provide a full-time field geologist/engineer to observe the subsurface explorations and
modify the exploration program based on encountered conditions. Our field representative will
review soil samples for visual classification purposes, observe and record groundwater levels
during advancement and upon completion of each exploration,collect soil samples in accordance
with industry standard procedures,and prepare test boring logs.
File No.P00845.000
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 3 of
nobis
Item 2.2-Test Pits&Infiltration Testing
Nobis will observe test its to evaluate the soil profile, estimated seasonal high water elevation
and current groundwater elevation. Additionally,in general accordance with the Massachusetts
Department of Environmental Protection (MassDEP) "Massachusetts Stormwater Management
Standards",in-situ permeability testing will be performed using falling head and/or constant head
methodologies within select excavated test pits.
Nobis will contract with New England Boring Contractors of Derry,New Hampshire to excavate
test its to perform infiltration testing. Based on our understanding of the project,we anticipate
up to four to five(4-5)test pits will be excavated within the proposed synthetic turf baseball field
and infiltration testing will be performed at up to 4 of the test pit locations. We anticipate up to
1 day will be required to complete the test pit and infiltration testing program.
Assumptions k Items L 'd qJ"erovi --yd by Client
Items to be provided by the client include the right-of-entry to conduct the explorations and an
awareness and/or location of any private subsurface utilities existing in the area.
Our fee is based on each site being accessible to excavator and ATV-mounted drilling equipment,
and Nobis providing layout of the borings and test pits at the time of the field investigation using
standard taping techniques and provided project plans. Ground surface elevations will be
estimated from available topographic plans.
Nobis will make reasonable efforts to reduce damage to the property,such as rutting of the ground
surface,to the extent possible. However, it should also be understood that in the normal course
of our work some disturbance will occur. We have not budgeted to restore the site beyond
backfilling our test borings with soil cuttings. If there are any restrictions or special requirements
regarding this site or explorations,these should be known before starting field work.
Our fee does not include services associated with site clearing,wet ground conditions,significant
tree or shrub clearing, use of Terra Mats to protect natural to areas, damage of existing
landscape or location of underground utilities beyond contacting a "one-call" locate service. If
such conditions are known to exist on the site,Nobis should be notified so that we may adjust our
scope of services and fee,if necessary.
File No.P00845.000
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 4 of 8
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We have assumed that there are no environmentally impacted soils that will impact drilling
techniques and production rates or require special handling or disposal of soil cuttings. If
environmental impacts are encountered at the time of drilling such that they impact the
exploration program,our scope and fees may need to be modified accordingly.
We have assumed that CORI,SAMS, CHRI and/or other background checks are not required to
complete the field investigation. If this is not the case our scope and fee will need to be modified
accordingly.
For safety purposes,explorations will be backfilled immediately after their completion. Because
backfill material often settles below the surface after a period of time, we recommend the
boreholes be checked periodically by the owner and backfilled if necessary.
Task 3-Laboratory Testing
Select soil samples to be submitted to a soil testing laboratory to aid in soil classification and
evaluate physical engineering characteristics. Testing will likely include grain-size distribution
tests (sieve analyses) and/or Atterberg Limit testing. Up to ten (10) sieve analyses or Atterberg
Limit tests will be performed.
Task 4-Geotechnical Engineering Evaluation
The results of our field program will be evaluated by a licensed professional geotechnical engineer
registered in the Commonwealth of Massachusetts. Based on the results of our evaluations,we
will prepare a report that summarizes the results of the desktop review,field testing performed,
provides logs of the test borings,and a diagram of the site/exploration layout. One report will be
provided which addresses both sites. An electronic (. copy of our report will be submitted.
The report will include,but not be limited to,the following:
• Site topographic information and surface conditions;
• Review of field test procedures and test data;
• Computer-generated exploration logs with soil stratification based on visual soil
classification;
• Groundwater levels observed during and after completion of drilling;
• Exploration location plan;
• Summary of subsurface exploration procedures;
File No.PO0845.OW
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 5 of 8
SIMMS,
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• Summary of encountered soil conditions,historical test boring data and/or published
surficial and bedrock geological data;
• Design values for allowable bearing capacity for shallow foundations or skin friction,
end bearing capacity and recommended tip elevations for deep foundations;
• Estimated settlement of foundations;
• Seismic site classification;and,
• Identify key geotechnical aspects that may impact design and/or construction
including reuse of on-site soil,shallow groundwater,unsuitable soil,etc.(as
applicable).
PROJECT FEE
We propose to complete the scope of work described above for a lump sum fee of$51,300 which
is allocated as follows:
Task 1 Dig Safe Coordination/Prepare HASP $11800
Task 2.1 Test Borings(6 days with an ATV Drill Rig) $33,700
Task 2.2 Test Pits 0 day w/Infiltration Testing) $6,900
Task 3 Laboratory Testing $1,700
Task 4 Project Management,Engineering Analyses and Reporting $7,200
Lwap Sum Fee $51'm
Our lump sum fee is based on the assumptions discussed above. The breakdown presented above
is estimated and we may re-allocate compensation between tasks provided total compensation is
not exceeded without your approval. Should conditions be different from those assumed herein,
we may need to make modifications to our scope and fee accordingly. Our fees also assume the
project does not require prevailing wage rates.
Coring bedrock is not included in our scope of services at this time. Should it be necessary to
expand our services beyond those outlined in this proposal, we will notify you, then send a
supplemental proposal stating the additional services and fee. We will not proceed without your
authorization,as evidenced by your signature on an Addendum Proposal.
File No.P00845.000
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 6 of 8
MW
nobis
Our scope of services does not include attending project meetings or providing subsequent
miscellaneous consultation to the design team after our report submission. We are available to
confer with the design team after submittal of our report, or provide geotechnical consultation
during construction; however,such services are beyond the scope of this proposal and would be
charged at $180 per hour for Senior Project Engineer and $210 per hour for a Senior Project
Manager.
SCHEDULE
We can generally begin our services immediately following receipt of written authorization to
proceed, pending drill rig availability,pending Dig Safe clearance, and provided site access and
weather conditions permit. The preliminary geotechnical report can be completed within 15
business days after the completion of field activities. However, in situations where information
is needed before we submit our report, we can provide information verbally, or provide
recommendations for specific project requirements via email after we have completed our field
program. We will make every effort to expedite our services to the extent practical.
ACCEPTANCE
We understand that, if selected, Gale Associates, Inc. will execute this proposal by issuing an
amendment to the Subconsultant Agreement between Gale Associates, Inc. and Nobis
Engineering, Inc. dated May 26, 2016. This proposal is valid only if authorized within 90 days
from the proposal date.
Unless instructed otherwise, our invoice will be sent to your attention at the above address. If
Nobis is authorized to proceed and the client subsequently postpones or cancels the work,we will
invoice the client for the costs of project set up and mobilization incurred prior to notice of
cancellation.
File No.P00845.000
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 7 of 8
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We look forward to working with you on this project. Thank you for the opportunity to be of
service.If you require additional information,please contact us at(978)7034"5.
Very truly yours,
NOBIS GROUP®
Kamil A.Kocia Brien T.Waterman,PE
Project Engineer Director,Geotechnical Services
File No.P00845.000
North Andover High School Field Upgrades June 20,2024
North Andover,Massachusetts Page 8 of 8
VINCENT A . W101110, INC .
CONSULTING ENGINEERS
89 Access Road, Suite 18
Norwood, Massachusetts, 02062
June 21,2024
Gale Associates,Inc.
300 Ledgewood Place,Suite#300
Rockland,Massachusetts 02370
Attention Kathy Hervol(P 781-335-6465)
k4hegaimm
RE: Noth Andover High School Athletic Complex
430 Osgood Street
North Andover,MA 01945
SUBJECT:Electrical Design Fee Proposal
Dear Kathy,
This office is pleased to provideyou with an electrical design fee proposal for the athletic lighting and new electrical services design forthe
North Anckywr High School BaseballliMuttl-purposeId,WaIsch Stadium T ,tennis court service and the multi-purpose upper
field at the above-mentioned location.
Our proposal is based on the Gale Associates conceptual plans sent to this office on December 1,2022.ff the actual scope of work
differs from that identified in the above-mentioned documents,we would request an opportunity to revisit our proposal.
Our design would` s representatives and other pertinent project people to
discuss the program needs and concerns with the proposed design.During this meeting,this office would Suggest design features to
optimize energy efficierxy and functionality for the site.
It Is my understanding,that our engineering efforts should include a complete site lighting,sports field lighting and power
distribution design for all the fields that would include:
• Site assessment
• Electrical service from high school main electric room to free-standing electrical enclosures adjacent to the various
fields
• Service sizing will include future tennis court lighting loads
• Provisions for Pre-packaged sports lighting for each field
• Coordination with Pre-packed Sports Lighting manufacturer
• Security lighting and associated branch circuit wiring
• Voltage drop calculations for feeder and all branch circuit wiring to all site lighting fixtures
• Feeders to scoreboards,PA System,and power/comm.boxes associated with each field
• Branch circuit wiring for the flag-pole fighting
• Branch circuit wiring to all comm box receptacles
• Branch circuit wiring to comm box receptacles at the tennis courts
• Grounding for any new Grandstands
• New feeder to press box load center,if required
• New communication conduits to the press box,if required
• Details and specifications of all lighting fixtures
• Details and specifications of all underground conduit and cables
• Details and specifications of all hand-holes,power/comm.boxes
• Coordination with local ordinances andbV-Iaws
• Construction Administration
Our responsibility will also include Incorporating all the owners'comments into our design.
tel: (781) 255-9754, email: vadJr@vaden8,corn
This office would exclude from our design services the following;
• This office assumes the Press Box will be equipped with pre-wired branch circuits for lighting and receptacles
• Sustainable Design
• Life Cycle Costing
• LEED Participation
• Commissioning
• Rebate Forms
• Documents for alternative bids.
• Value engineering or redesign in the event of cost over-runs.
• Preparation of forms or documents for submission to the local utility company for energy rebate programs.
• Work involving permits.
• As Built documentation
• Cost Estimating
• Design of alternative energy systems
After all the issues are incorporated into a preliminary electrical design,we would look forward to a review by all concerned
parties to verify that the program needs have been met satisfactorily.
At this stage,final Contract Documents,consisting of detailed plans and specifications,would be prepared.
After construction contracts are awarded, we would provide shop-drawing review of all specified equipment and be
available to the contractor for consultation of field concerns.
This office would propose a fixed fee of $15,000.00 for the engineering Construction Documents, and $2,500.00 for
Construction Administration services. Any additional mutually agreed upon services should be performed on and hourly
basis at the following rates:
Engineer $135.00 perlhour
AutoCAD Operator $125.00perlhour
This office would propose a maximum upset limit of$1,000.00 for reimbursables,as they relate to the production of the above-
mentioned projects.Reimbursables will be invoiced at the completion of each project.
Our firm carries$1,000,000.00 in liability insurance for errors and omissions.
If this proposal is acceptable to you in its present form,please return one signed copy for our records.if you require any
other standard form of agreement for services to be provided,please prepare the document,and send it to us for review.
If there are any questions,please do not hesitate to contact this office at your convenience.
Very Truly Yours,
VINCENT A.DHORIO,INC.
Vincent A.Dilorio,Jr.
President
Approved: Date:
(Please sign and return One copy)
VINCENT A. DOICIRIC, INC..
Consulting Engineers
2
ALE
GALE ASSOCIATES,INC. GENERAL TERMS AND CONDfT10NS APRIL 2024
300 Ledgewood Place,Suite 300
Rockland,Massachusetts 02370
781-335-WS
Thefollowing General Terms and Conditions are Incorporated into and made part Compensation
of the attached proposal dated July 2, 2024, between Gale Associates, Inc. Invoices will generally be submitted once per month for services performed
(hereinafter referred to as"Gale")and the Town of North Andover(hereinafter during the previous month.Payment will be due within 30 days of Invoice date.
referred to as"Client"),and together are referred to as t "Agreement." Interest will be added to accounts In arrears at the rate of 1-1/2%per month(18%
per annu )or the maximum rate allowed by law,whichever Is the lesser,of the
Project Referem: outstanding balance. In the event Gale files suit or engages the use of a
Name: North Andover High School Athletic Complex 'collection agency"to enforce overdue payments,Client will be responsible for
Location: North Andover High School,North Andover,MA all court costs,reasonable attomeys'fees,and collection fees.
Description. Engineering Consulting Services
Testing and Other Gale shall entitled,without breach of Contract,to suspend or terminate,at its
sole option,its obligations under the Agreement if any invoice is not paid within
To perform stte/building evaluations and other explorations,Gale may engage a 30 days.
reputable contractor or contractors,experienced in this work.The contractor's
invoice plus a 1S%service charge will be added to Gale's fee.Aftematively,at The risk of loss and damage with respect to attempted payments to Gale,
Client's request,Gale can arrange for Client to enter into a contract with the including,but not limited to,loss attributable to cyber-theft,shall be and remain
contractor(s).In that event,invoices for these outside services will be sent to with Client until payment is received and accepted by Gale. Said loss shall not
Client for direct payment to the contractor(s). relieve Client of its obligation to pay Gale all amounts owed it under this
Client acknowledges and agrees that GALE is not responsible for any contractor Agreement,
or contractors for this work and will not guarantee,warranty or be responsible Client will be responsible for all court costs, reasonable alto s,and
for their performance,completeness or the accuracy of their results. collection fees,associated with Gale's efforts to collect fees and expenses owed
It.
Servlcas of Others
On occasion,Gale will engage the specialized services of individual consultants or Ownership of
other companies to participate In a project.The cost of such services plus a 1S All reports, field data, notes, plans, specifications, calculations, and other
service charge shall be invoiced to Client. documents of service,whether in hard copy or machine-readable form,which
1 Contractor Gale prepares as instruments of , shall remain the sole and exclusive
property of Gale.Gale will retain all pertinent records relating to the services
In the performance of its services hereunder, Gale will be acting as an performed fora period of 7 years following submission of the deliverable,during
independent consultant and not as the Client's agent or fiduciary. No other which period the records will be made available to Client at all reasonable times
relationship outside of that contemplated by the terms of this agreement shall and for payment of costs by Client.Client agrees that all reports and other
be created. Nothing in this agreement shall Imply or give rise to an agency or deliverables furnished by Gale or other agents,which are not paid fcir,will be
fiduciary relationship between Client and Gale. returned upon demand and will not be used for any purpose whatsoever.
On•3ka Swirices Qwl it Is understood and agreed that all documents prepared pursuant to this
Should It's services be provided on the job site during projectconstruction,it ,agreement whether In hard copy or machine-readable form,are intended for
Is understood that,In accordance with generally accepted construction Practices, one-firne project specific use.The Client may retain copies for Information and
the contractor shall be solely and completely responsible for working conditions reference In connection with the occupancy and use of the project.In the event
on the job site, Including safety of all persons and property, during the of Client reuse of documents without engaging Gale,Client shall,to the fullest
performance of the work and compliance with OSHA Regulations,and that these extent permitted by law,hold harmless and Indemnify Gale for all cWms and/or
requirements shall apply continuously and not be limited to normal working damages generated by said reuse.
hours. Any observation of the contractor's performance conducted by Gale
personnel is not intended to include review of the adequacy of the contractoes Because of the possibility that the information and data delivered in machine
safety measures In,on,or near the construction site.in addition,Gale shall have readable form may be altered or damaged,the hard copy shall be referred to as
no authority and shall not be responsible for the means,methods,techniques, the original and shall govern In the event of any Inconsistency between the two.
sequences or procedures,or safety precautions and programs relating to the
construction of the project. The Client understands that the automated conversion of machine-readable
documents provided Gale from one system or format to another cannot
Feld services provided Gale personnel shall not relieve the contractor of its be accomplished without risk ofthe introduction of Inexactitudes,anomalies,and
responsibilities for performing the work In accordance with the construction errors.In the event project documentation provided to the Client in machine
documents or designs prepared by Gale or others. readable form is so converted,the Client agrees to assume all rish associated
Ear therewith,and shall hold harmless and indemnify Gale f all claims,damages,
and costs arising from or connected with such conversions.
Unless otherwise agreed,Client will furnish right-of-entry onto the land and/or
facility for Gale to make the planned surveys and other explorations.Gale will Insurance
take reasonable precautions to minimize damage to the land and facilities for use Gale is protected by workers'Compensation Insurance, Professional Liability
of equipment,but Gale's fee does not include the cost for restoration of damage Insurance,and Standard Public Liability Insurance.Upon request,Gale will furnish
that may result from these operations,If Gale Is required to restore the land or information and Certificates of Insurance.Gale will not be responsible for any
facility to the reasonable equivalent of its former condition,the cost for such loss,damage,or liability
ration °!I be added to the fee. beyond the amounts, Omits,and conditions of such
re
Insurance available at the time of claim and/or beyond the limitation of liability
Samples established in these General Terms and Conditions.Gale will not be responsible
Unless Client advises Gale otherwise in writing,samples will be discarded 60 days for any loss,damage,or liability arising from Client's acts,errors,and omissions
after submission of our deliverable.Upon request,Gale shall ship or deliver the and those of Client's staff,consultants,contractors,and agents,or from those of
samples,charges collect,or will store them for an agreed storage charge.The any person for whose conduct Gale is not legally responsible.
remains,If any,of samples subjected to destructive testing shall be discarded 60
days after testing.
Page 2 of 2
,1104GALE
If either party to this agreement Incurs damages arising out of the project that Ilillibscaftneous
are covered by Insurance,then the applicable party waives all claims against the A. Gale will only commence services on this project upon receipt from the
other party to the extent such damages are covered by Insurance.The Client shall Client of both the authorization to proceed,and the agreed upon retainer,
require similar waivers from all other parties, including contractors, If applicable.This retainer will be applied to the final Invoice for the project.
subcontractors,consultants,and other entities or individuals associated with the
project. B. The Agreement represents the entire and integrated Agreement between
It is spedfically acknowledged that there are certain uninsurable risks involved In the Client and Gale and supersedes all prior negotiations,representations,
some services provided by Gale(i.e.,hazardous waste and asbestos projects). or agreements,either written or oral,and may be amended only by written
instrument signed by both the Client and Gale.
Standard of Cam
In accepting this Agreement for professional services,Client acknowledges the C. Gale has the right to renegotiate the fee if the original scope of services is
Inherent risks associated with land and building evaluation, design and changed,or If services are not completed within 12 months.
construction.In performing professional services,Gale will use that degree of
are and skill ordinarily exercised under similar circumstances by members of the D. It Is recognized that Gale has no control over the cost of labor,materials,or
profession practicing in the same or similar locality. equipment for construction,over any contractor's methods of determining
bid prices,or over competitive bidding,mairket,or negotiating conditions.
Limitation of Usibillity Accordingly,Gale cannot,and does not warrant or represent that bids or
The Client acknowledges the risks to GALE associated with this Project.Therefore, negotiated prices will not vary from any cost estimate or evaluation
the Client agrees,to the fullest extent permitted by law,to defend,Indemnify prepared by Gale.
and hold harmless GALE, its officers, directors, employees, Consultants and
Subconsultants (collectively GALE) against all damages, liabilities or costs, E. Should any representative of Gale be requested, required,ordered, or
Including reasonable attorneys'fees arising out of or In any way connected with subpoenaed to give any testimony,either at trial,deposition,hearing or
Client's negligent actions,third-party claims and/or the services performed under otherwise, concerning services performed under this agreement, or
this Agreement,except for damages,liabilities or costs arising from GALE's sole concerning the subject matter of this retainer,then Client shall compensate
negligence or willful misconduct. Gale for all reimbursables and time Incurred In connection with the
To the fullest extent permitted by law,the total liability in the aggregate of GALE preparation for and giving of such testimony at the rates prevalent at the
and GALE's officers,directors,employees,agents,and Independent professional time of the Service.
associates,and any of them,to Client and anyone claiming by,through,or under
Client,for any and all Injuries,claims,losses,expenses,or damages whatsoever P. In the event that any part of this Agreement or proposal shall be held
arising out of or in any way related to GALE's services,the project, or this Invalid,such Invalidity shall not invalidate the whole of this Agreement or
Agreement,from any cause or causes whatsoever,inducling;but not limited to, proposal,and the remaining provisions thereof shall continue to be valid
the negligence, errors, omissions, strict liability, breach of contract, and binding.
misrepresentation,or breach of warranty of GALE or GALE's officers,directors,
employees,agents,or Independent professional associates,or any ofthem,shall G. It Is understood by the parties that the existing or constructed building may,
not exceed SSO,000 or the total compensation received by GALE under this as a result of its construction,use,maintenance,occupation,or otherwise,
Agreement,whichever Is less,To the fullest extent permitted by law,Client contain or be caused to contain mold substances which can present health
agrees to Indemnify GALE for the costs,losses and expenses related to or arising hazards and result In bodily Injury, property damage,and/or necessary
from third-party claims resulting from the services performed under this remedial measures. if,during construction of the Project,Gale knowingly
Agreement. encounters any such substances,Gale shall notify the Client and,without
liability for consequential or any other damages,suspend performance of
GALE and the Client waive consequential damages,including but not limited to services until the Client retains a qualified specialist to abate and/or remove
damages for loss of profits,loss of revenues,loss of business opportunities,for mold substances. The Client agrees to release and waive all claims against
claims,disputes,or other matters In question arising out of or relating to this Gale,its subconsultants and their officers,directors,and employees,arising
Agreement. from or In any way connected with the existence of mold an or about the
project site whether during or after completion of construction. Client
Limitation an Clairris further agrees to Indemnify and hold Gale harmless from and against all
The parties agree that causes of action that may accrue to Client pertaining to claims,costs,liabilities and damages,Including reasonable attorneys'fees
acts, failures to act, errors, omissions, or otherwise pertaining to the and costs,arising In any way from the existence of mold on the project site,
performance of this Agreement by Gale shall be deemed to have accrued and the whether during or after completion of construction, except for those
applicable statute of limitations shall commence to run upon the date of claims,liabilities,costs,or damages caused by the sole gross negligence
Substantial Completion,Issuance of Certificate of Occupancy,or final invoicing by and/or knowing or willful misconduct of Gale.
Gale,whichever occurs first. The parties further agree that,regardless of the
statute of limitations applicable where the service was performed,Client must Terntination
Initiate suit no more than two years afters cause(s)of action accrue. Gale may terminate this Agreement with respect to the Project for convenience,
at its option,by sending a written Notice of Termination to Client.Gale shall have
Claims and Dispute Resollution the right to terminate this Agreement with respect to the Project for cause If the
Any claim,dispute,or other matter In question arising out of or related to this Client commits a material breach of this Agreement and falls to cures breach
Agreement shall be subject to mediation as a condition precedent to binding within 10 days. If circumstances arise which, In Gale's professional opinion,
dispute resolution.If such matter relates to or Is the subject of a lien arising out preclude it for professional or ethical reasons from continuing performance,Gale
of Gale's services,Gale may proceed In accordance with applicable law to comply shall advise Client of the fad.The parties shall immediately enter into good faith
with the lien notice or filing deadlines prior to rmlution of the matter by efforts to arrive at a mutually satisfactory solution. If this cannot be done to the
mediation. Mediation shall be administered by the American Arbitration satisfaction of both parties,either party may terminate this Agreement with
Association In accordance with Its Construction Industry Mediation Procedures respect to the Project.The Notice of Termination shall specify which services will
In effect on the date of the Agreement.The parties shall share the mediator's fee be discontinued and when termination shall beeffective, provided that no
and any filing fees equally.The mediation shall be held In the place where the termination shall be effective less than 10 calendar days after receipt of the
Project Is located,unless another location Is mutually agreed upon.Agreements Notice of Termination. Gale shall be paid for all services performed and charges
reached in mediation shall be enforceable as settlement agreements In any court Incurred prior to termination.
having jurisdiction thereof.
GT&C APR 2024
Page 2 of 2
,gOGALE
GALE ASSOCIATES,INC. SCHEDULE OF FEES APRIL 2024
300 Ledgewood Place,Suke 300
Roddand,Massachusetts 02370
781-335-6465
Fees for services are based on the time worked on the project by The following items of direct non-salary expenses shall be billed at
staff personnel In accordance with the following schedule: Gale's cost plus 15%.
Principal /hr 1. Transportation and living expenses incurred for out-of-town
Senior Associate/Partner 330/hr projects.
Associate $270- 2 /hr
Chief Engineer/Director $265-$280/hr . Laboratory and field equipment directly identifiable to the
r.Project Manager/Sr.Structural Engineer $250-$270/hr project and specifically noted in Gale's proposal.
Project Manager $200-$240/hr
3. from o t of specialized equipment and rental of equipment
Sr.Engineer/Architect/Planner/Designer $180-$2 /hr
Landscape Architect $190/hr from outside vendors.
Project Enginter/Architect/Planner/Designer $175-5 /hr 4. Reproduction of specifications, drawings, reports and
Drone Pilot 5170/hr
.Staff Designer $155-$175/hr photographs beyond what is specifically included in Gale's
proposal.
Staff Designer $14S-5155/hr
Sr.Technician/ Designer $135-$15/hr S. Computer services provided by outside vendors.
Technician/CAD Drafter 135/hr
Administrative Professional $135/hr 6. Rental vehicles.
Clerk/Admin.Assistant/Intern 1 r
7. Contractor and sub-consultant services.
Fees for expert testimony at pre-trial conference, deposition,
I,or any other legal proceeding,Including preparation 8. federal Express and P Mail costs when requested
by
time for any such testimony,will be billed at 1.5 times the u the
client.
rate.
Fees for expedited services authorized will be billed at 1.5 times
the hourly rate.
Overtime will be charged for services for more than 8 hours per
day,including I,and all services on holittays,Saturdays,and
Sundays.Overtime is charged at a rate of LS times the regular
hourly rote.
In the event onsite construction observation services are provided,
the minimum charge for an onsite visit will be 4 hours.
This Schedule of Fees will be utilized fora period of six months
from the date of submission unless otherwise provided In the
Agireement and is subject to revisions at six-month intervals unless
otherwise stipulated in the Agreement.
Reimbursable Expenses
Automobile expenses for personal or company vehicles will be
charged at$0.60 per mile,plus toll charges for travel from Gale's
office to the project and return and for travel required in the
conduct of work.
Apr2®24