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Home My WebLink About06/19/2025 - LEC Erosion Control Monitoring Proposal - - 430 OSGOOD STREET LEC June 19, 2025 Email (kfrggainc.com) Kyle Rowan Gale Associates, Inc. 300 Ledgewood Place, Suite 300 Rockland, MA 02370 Re: Erosion Control Monitoring [LEC File#: GAI\24-266.04] North Andover High School 430 Osgood Street North Andover, Massachusetts Dear Mr. Rowan: LEC Environmental Consultants,Inc., (LEC) is pleased to provide this proposal to provide Environmental Monitor(EM) services during construction of the athletic field campus improvements at the North Andover High School in North Andover. This proposal is based on my email correspondence with Gale Associates, Inc. as well as the Order of Conditions (OOC) (DEP File No. 242-1906) issued by the Conservation Commission on April 30, 2025 and associated construction plans, entitled Athletic Campus Improvements,prepared by Gale Associates, Inc., dated June 6, 2025, and constitutes an Agreement for Services with an estimated budget for your review. This proposal includes a Scope of Services,Additional Services, and Fees for Services. It is LEC's understanding that Gale Associates will be responsible for Special Condition 45, except as noted below in Article 1.1. Since the project could occur over a shorter or longer period or require more frequent site inspections based on weather, site conditions or contractor performance, the fees for this project are estimated. Therefore, this proposal is not a flat fee proposal. Services will be billed on a time and materials bases according to the attached Standard Fee Schedule. 1 Scope of Services The following tasks are to be performed under this Agreement: 1.1 As requested by Gale Associates, in accordance with Special Condition No. 40, LEC will conduct monthly inspections from July 2025 to December 2025 for a total of six(6) site inspections to monitor the proposed construction to ensure compliance with the site plans, OOC, and protection of Wetland Resource Areas. In accordance with Special Condition 45, LEC will also conduct site inspections within 24 hours of a major storm event of V2 inch of rain or greater(24-hour event). Initial: L E C E i iii r,o n nr iio,e in t a IU C o in s ti,It a ur vi°a , I Irl c. w Ili % .II e c ru tii,im r1i ta lo al i I� � °��. (°� s r°�� 114.E � v ��I I i� � 0 � r o v t r e e. � 8 \,�� " tIi.j e \0 2 6 kw e e! , fl I 0 ,IC 0 o r co 'e r I N htk 0� � 5 s t c p v d e � �, P � I.,� (")8 .� yu 7131 2,1�2w II° 08 53.3ff�I 7 ° 6 40 . 3'I p " "I v 101 �m,�� r ,.:oo ��N""m�l l:. °°o �� - pu III o �I;. lu ,�� o�,� W II ", R. log -: I.n, I or° M ono II�� ,I�� I��.�I "�°��n� � � �1�°� � �IO �� l� IDI�W�� Il��oa",N I0 LEC This scope includes up to six(6)additional site inspections following a major storm event. LEC will prepare a progress report with photographs documenting each inspection and any recommendations provided via email to the Applicant and site contractor. Please note that this scope specifically excludes daily,weekly, and/or SWPPP inspections and logs/reports. 1.2 In accordance with Special Condition 40, LEC will be available during any 24-hour period, including weekends, in case of an emergency. If required,LEC will oversee cleaning of silt/sediment from erosion control devices, and/or wetland resource areas and buffer zone. This scope includes twenty(20)hours of additional site inspections and oversight of corrective measures. 1.3 As may periodically be required, LEC will correspond with the owner/contractor regarding housekeeping items,project status or completion of requested repairs or maintenance. This scope includes six (6) such hours associated coordination. 1.4 In accordance with Special Condition No.42d, as may periodically be required,LEC will observe dewatering operations to ensure compliance with the OOC and protection of Wetland Resource Areas. This scope includes ten(10) such hours associated review of dewatering operations and related coordination. 1.5 In accordance with Special Condition No.42e, LEC will refresh/reestablish missing wetland flags located within 100 feet of the limit of work. In advance of the pre-construction meeting outlined in 1.5, LEC will,to the best of our ability, reestablish BVW flags 2-1 through 2-18,4-1 through 4-181 5-1 through 5-15, 6-2 through 6-41, 7-1 through 7-28, and 8-1 through 8-8,and Bank flags B 1 to B4 and B 101 through B 105. 1.6 In accordance with Special Condition No.44,LEC will attend a pre-construction meeting with the project team, site contractor, and Conservation Commission following installation of the erosion controls and completion of other pre-construction requirements outlined in the OOC. 2 Additional Services The following is a list of services that are specifically excluded from this Agreement,but would be provided upon receipt of your authorization to proceed hourly according to the attached Standard Fee Schedule. 2.1 LEC will provide additional consulting services as requested by the Client. Additional services are to be billed on an hourly basis. 3 Fees for Services LEC has estimated a budget of Sixteen Thousand Dollars($16,000.00) for the services described above in Articles 1.1 through 1.6, inclusive of any and all direct expenses, as described in the Scope of Services of this Agreement. LEC proposes to provide these services on an hourly basis 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: P Ii,.Y MOUTH KA WAI(EFIE1,11ILD,AAA ° R OPT� T E PAA R11''' D w E,1141 E"A "r P1 1, O I D E' ,IR LEC The attached Terms and Conditions, and Standard Fee Schedule are also considered to be part of this Agreement. If you agree to the terms of this proposal,please endorse below, initial each page, and return a copy to LEC. This proposal is valid until August 15,2025. Thank you for the opportunity to assist you with this project. If you should have any questions or require additional information,please do not hesitate to contact me at 508-753-3077. Sincerely, LEC Environmental Consultants, Inc. Agreed and Accepted By: Andrea Kendall, P`1VS Senior Environmental Scientist Kyle Rowan Gale Associates, Inc. Date P Ill,.Y MOUTH RA III(E F I Ill w L ,AAA ° R ll�� T E PAA R11°, D w E,Nll l E"A "r P If O I D E' ,IR LEC Environmental Consultants, Inc. Terms and Conditions This document,together with any attached proposals,plans, specifications or appendices, constitutes an Agreement between the Client and/or other involved parties and LEC Environmental Consultants,Inc. (hereafter referred to as LEC). Below are the terms and conditions under which LEC will perform the attached Scope of Services. These terms and conditions also outline billing procedures and policies that apply to the Agreement for the duration of the Agreement with LEC. 1 Services to be Provided 1.1 LEC agrees to provide the Client with the services described in the attached Proposal in a responsible, professional manner. 1.2 Additional services may be requested by the Client and/or other involved parties and shall be invoiced in accordance with the attached Standard Fee Schedule. 2 Fees 2.1 Fees are re-evaluated on a semiannual basis. In the event of an increase,the Client will be notified 30 days in advance. Time is billed on a portal-to-portal basis. 2.2 Fees for services and/or hourly rates may be adjusted based upon project specific factors. Such factors may include,but are not limited to: time and labor required, difficulty of services involved, skills required to carry out the services, controversy involved;time schedule imposed by the Client and/or the unique project circumstances,the nature and length of the professional relationship with the Client, and the required level of experience of the consultant(s)performing the services. 2.3 Subcontracted services of other consultants will be invoiced at cost plus 20%. 2.4 The Client agrees to pay LEC in accordance with the rates and charges set forth in the attached Standard Fee Schedule. 2.5 If the services are discontinued for any reason after the execution of the Agreement, all services performed to date shall be compensated at the rates set forth in the attached Proposal and/or Standard Fee Schedule. 2.6 Reimbursable expenses are considered additional costs to the Client and are invoiced at cost plus 20% handling. These expenses may include,but are not limited to: facsimile transmission,transportation, postage, delivery charges, expendable project related supplies,meals and lodging. The Client will also be billed for disposable field supplies and/or special equipment,as applicable. Billing for such expenses shall occur on a monthly basis. 2.7 All Federal, State and Local Filing Fees are the responsibility of the Client/Applicant. Information regarding the type and amounts of required Filing Fees will be furnished to the Applicant in advance. Should LEC be requested by the Applicant to furnish these fees,the Applicant will be invoiced cost plus 20%handling. Initial: LEC Environmental Consultants, Inc.Terms&Conditions (effective: 1/2019) Page 1 of 3 3 Payment 3.1 The mailing address for all payments is as follows: LEC Environmental Consultants,Inc. Attn: Accounts Receivable/Billing Dept.,380 Lowell Street, Suite 101,Wakefield,MA 01880. 3.2 Invoices for services shall be submitted on a monthly basis and/or upon the completion of services to be determined at the discretion of LEC. All such invoices shall be due and payable within 30 days of receipt. 3.3 LEC reserves the right to terminate or suspend its services at any time if our fees or charges set forth in the Proposal and/or these Terms and Conditions remain unpaid and we are not able to resolve a satisfactory arrangement for such payment. 3.4 The Client acknowledges and agrees that any invoice not paid within the 30 days shall commence to bear an interest charge at the rate of I V2%per month(18%annum). 3.5 If a Client fails to pay an invoice as described above,the Client will then be classified as a delinquent account, and all future invoices must be paid in advance. 3.6 If a past due invoice must be forwarded to a collection agent,the Client agrees to pay all costs and expenses that LEC incurs in collecting any amounts due, including LEC's attorney's fees. 4 General Conditions 4.1 All services will be performed in a timely manner. It is agreed between all parties that LEC cannot be responsible for delays occasioned by factors beyond its control,nor by factors which could not have been foreseen at the time the agreement was prepared and executed. 4.2 All documents prepared pursuant to this Agreement are instruments of service with respect to this project. They are not intended or represented to be suitable for reuse by the Client and/or other involved parties on any other Project and shall not be reused without the express written consent of LEC. Any reuse without written consent or adaptation by LEC for the specific purposes intended will be at the Client's own risk and without liability or legal exposure to LEC; and the Client, or whomever shall reuse said documents, shall indemnify and hold harmless LEC from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such consent or adaptation of reuse will entitle LEC to additional compensation at rates to be agreed upon by LEC and the person or entity seeking to reuse said documents. This section may be specifically enforced by any court or competent jurisdiction by LEC which shall, in addition to injunctive relief,be entitled to recover damages, if any, arising from any breach of this section, together with costs and reasonable attorney's fees in any action brought to enforce the provisions of this Section. 5 Damages 5.1 The Client shall at all times indemnify and save harmless LEC and its employees on account of any claims, damages, losses, litigation,expenses, counsel fees, and compensation arising out of any claims, damages,personal injuries,property losses and/or economic damages sustained by or alleged to have been sustained by any person or entity, caused in whole or in part by the acts,omissions,or negligence of the Client, its agents, employees, or subcontractors in connection with the project. 5.2 The Client acknowledges that LEC is a corporation and agrees that any claim made by the Client arising out of any act or omission of any employee of LEC in the performance of this agreement shall be made against the corporation and not against such employee. Any breach of this section shall entitle said employee of LEC to, in addition to all other relief, costs and reasonable attorney's fees. Initial: LEC Environmental Consultants, Inc.Terms&Conditions (effective: 1/2019) Page 2 of 3 6 Right of Entry The Client hereby warrants,if the property is not owned by the Client,that permission has been granted for a Right of Entry by LEC,its agents, and staff for the purpose of performing all services described in the attached Proposal. LEC reserves the right to request written right-of-entry authorization prior to the commencement of services. 7 Unforeseen Conditions If,during performance of services, any unforeseen conditions or occurrences beyond our control are encountered which, in LEC's judgment, significantly affect or may affect the services of the recommended Scope of Services,the Client will be promptly notified. Subsequent to the notification,the involved parties agree to pursue one of the following options: 7.1 If practical, in LEC's judgment,the original Scope of Services will be completed in accordance with the procedures originally intended in the Proposal for Professional Services. 7.2 The Scope of Services will be modified, and the estimate of charges revised,to include unforeseen conditions or occurrences. Such revision shall be in writing and signed by the parties herein. 7.3 The services will be terminated, effective on the date specified by LEC in writing. The Client agrees to pay in full for all services completed and fees up to and including the date specified in the written termination and to pay all reasonable costs incurred prior to, and in connection with, discontinuance of services. 8 Severability In the event that any provisions of this agreement shall be deemed invalid or unenforceable,the other provisions herein shall remain in full force and effect and binding upon all parties. Initial: LEC Environmental Consultants, Inc.Terms&Conditions (effective: 1/2019) Page 3of3 ECI ION I Standard Fee Schedule Consulting and Field Services: Hourly Rate: Directors $190.00 - $225.00 Senior Soil Scientist $160.00 - $210.00 Senior Ecologist $160.00 - $200.00 Ecologist $100.00 - $160.00 Senior Wildlife Scientist $160.00 - $200.00 Wildlife Scientist $100.00 - $160.00 Wildlife Specialist $ 50.00 - $100.00 Senior Wetland/Environmental Scientist $160.00 - $200.00 Wetland/Environmental Scientist $100.00 - $160.00 Wetland/Environmental Specialist $ 50.00 - $100.00 Permitting Technician $ 60.00 - $ 90.00 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. 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