HomeMy WebLinkAboutContract #: 1981 - From: 07-01-2026 To: 10-01-2027 - Gale Associates - Town Manager CONTRACT NO. e'
VENDOR NO. 7911
CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on day of May, 2026, 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 price proposal for professional Engineering services for the
Gallagher 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 May 15,2026 and terminate
on October 1, 2027. Time is of the essence for this Contract. Any extensions of time must be in
writing and are at the sole discretion of the TOWN. ENGINEER shall not be liable for any delays
due to causes outside the reasonable control of ENGINEER.
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The ENGINEER'S Bid, Scope of Services, Price Proposal and Fee Schedule, all required
Certifications and all Insurance Binders are incorporated herein and made part of this Contract.
In the event of a conflict between the terms and conditions of this Agreement any of these
incorporated documents, the terms and conditions contained in paragraphs 1-23 herein shall
prevail.
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Total payment under this Contract shall not exceed the sum of Eighty-One Thousand Six Hundred
Eighty-Seven and 50/100 ($81,687.50) Dollars. This Contract is expressly subject to and
contingent upon an appropriation of funds.
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The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an
invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice
has filed with the contracting department.Any payment under this Contract shall not constitute
or be deemed a waiver,relinquishment, release,or abandonment of any claim which the TOWN
may have against the ENGINEER for breach of this Contract.
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The ENGINEER agrees that no obligation shall be considered to have incurred under this
CONTRACT unless and until a purchase order shall have been duly issued and approved.
And further, that the obligation incurred shall be limited to the amount set forth in purchase
order or purchase orders duly issued and approved.
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Such services under this Contract will be performed as expeditiously as possible in a good and
workmanlike manner under the supervision of, and to the satisfaction of the Department Head
in the TOWN. The ENGINEER states that it is qualified, and is in all relevant aspects, in good
standing.The ENGINEER certifies that performance underthis Contract will meet ethical business
standards and good stewardship of taxpayer and public funding to prevent waste or abuse.
The ENGINEER shall commence work promptly upon execution of this Agreement and shall
prosecute and complete the work regularly,diligently,and uninterruptedly at such a rate as will
ensure completion in a timely manner.
The ENGINEER shall use their best skills and attention,which shall not be less than such state of
skill and attention generally rendered by the ENGINEER/design professional for projects similar
to this Project in scope,difficulty and location. Consistent with the referenced standard of care,
the ENGINEER shall be responsible for the professional and technical accuracy for all work or
services furnished by him or his consultants and subcontractors. The ENGINEER shall perform his
work under this Agreement in such a competent and professional manner that detail checking
and reviewing by the TOWN shall not be necessary.
All consultants must be registered and licensed in their respective disciplines if registration and
licensor are required under the applicable provisions of Massachusetts law.The ENGINEER and
all consultants and subcontractors shall conform their work and services to any guidelines,
standards and regulations of any governmental authority applicable to the type of work or
services covered by this Agreement. Neither the TOWN's review,approval or acceptance of any
of the work or services performed shall be construed to operate as a waiver of any rights under
the Agreement or any cause of action arising out of the performance of the Agreement.
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The ENGINEER shall produce One(1)reproducible copy of all drawings, plans,specifications and
other documents prepared by the ENGINEER which shall become the property of the TOWN upon
payment in full therefor to the ENGINEER. Ownership of stamped drawings and specifications
shall not include the ENGINEER's certification or stamp. Any re-use of such documents without
the ENGINEER's written verification of suitability for the specific purpose intended shall be
without liability or legal exposure to the ENGINEER or to the ENGINEER's independent
professional associates,subcontractors or consultants.Distribution or submission to meet official
regulatory requirements or for other purposes in connection with the Project is not to be
construed as an act in derogation of the ENGINEER's rights under this Agreement.
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The TOWN shall furnish to the ENGINEER available surveys, data and documents relating to the
area which is the subject of the Scope of Work. All such information, including that relating to
subsurface and other conditions,natural phenomena,existing pipes,and other structures is from
the best sources at present available to the TOWN. All such information is furnished only for the
Information and convenience of the ENGINEER and is not guaranteed. It is agreed and
understood that the TOWN does not warrant or guarantee that the subsurface or other
conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ENGINEER must satisfy himself as to the
correctness of such information. If, in the opinion of the ENGINEER, such information is
inadequate,the ENGINEER may request the TOWN's approval to verify such information through
the use of consultants or additional exploration. In no case shall the ENGINEER commence such
work without the TOWN's prior written consent. Such work shall be compensated as agreed
upon by TOWN and ENGINEER.
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The ENGINEER shall give its personal attention constantly to the faithful performance of the work
and shall keep the same under its personal control and shall not assign nor sublet the work or
any part thereof without the previous written consent of the TOWN and shall not,either legally
or equitably,assign any of the monies payable under this Agreement or its claim thereto unless
by and with the written consent of the TOWN.
The ENGINEER shall not assign or delegate,in whole or in part or otherwise transfer any liability,
responsibility,obligation,duty or interest under this Contract without the written approval of the
TOWN.
Any authorized subcontract entered into by the ENGINEER for the purposes of fulfilling the
obligations under this Contract must shall be consistent with and subject to the provisions of this
Contract. Subcontracts will not relieve or discharge the ENGINEER from any duty, obligation,
responsibility or liability arising under this Contract. The TOWN is entitled to copies of all
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subcontracts and shall not be bound by any provisions contained in a subcontract to which it is
not a party.
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The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person, and in full
conformity with MGL c.268A. As used in this certification, the word "person" shall mean any
natural person,business,partnership,corporation,union,committee,club or other organization,
entity,or group of individuals.
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It is further agreed by the ENGINEER that, In the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
ENGINEER'S performance or non-performance of this Contract, then the ENGINEER, without
reservation,shall indemnify and hold harmless the TOWN against any and all claims arising out
of the ENGINEER'S performance or non-performance of the Agreement.
To the full extent permitted by law, no official,employee,agent or representative of the TOWN
of North Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
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it is further agreed that the TOWN may terminate this Agreement without cause, upon fourteen
(14)days'written notice to the other party,sent by certified mail,to the usual place of business
of the other parry. The TOWN may also terminate this Agreement at any time for cause.To the
full extent permitted by law, no official, employee, agent,or representative of the TOWN shall
be Individually or personally liable on any obligation of the TOWN under this contract.
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It is understood and agreed by the TOWN and the ENGINEER that a Contract Performance Record
Form must be completed on this contract by the Department Head or his designee who is
supervising this contract,and such Contract Performance Record Form must be submitted to the
TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment
under this contract. If requested by the ENGINEER a copy of the Contract Performance Record
Form shall be furnished to the ENGINEER.
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The ENGINEER certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
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M .,,. .,w�..... . .._._._._........_.. .._............_ .
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state, and
local, which are applicable to this contract, and services provided to a public entity; and it is
presumed that the ENGINEER is cognizant thereof.Any and all proceedings or actions relating to
the subject matter herein shall be brought and maintained in the courts of the Commonwealth,
which shall have exclusive jurisdiction thereof.This paragraph shall not be construed to limit any
other legal rights of the parties.
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The ENGINEER shall at all times during the Contract maintain in full force and effect Employer's
Liability,Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance,
including contractual liability coverage.All insurance shall be for policy limits acceptable to the
TOWN;all required insurance shall be certified by a duly authorized representative of the insurers
on the "MIIA" or"ACORD" Certificate of Insurance form (incorporated into and made a part of
this agreement);and before commencement of work hereunder the ENGINEER agrees to furnish
the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The
certificates shall contain the following express obligations: "In the event of cancellation or
material change in a policy affecting the certificate holder, thirty (30) days prior written notice
will be given the certificate holder. Where notice is not provided by ENGINEER's insurer, the
notice will be provided by the ENGINEER."The TOWN shall be named as an additional insured
under each policy or policies,except Workers'Compensation.
For the purpose of the Contract,the ENGINEER shall carry the following types of insurance in at
least the limits specified below.
• Workers' Compensation—the required statutory amount
• Employer's Liability—$500,000
• Bodily Injury&Property Damage Liability Except Automobile—$500,000
• Automobile Bodily Injury&Property Damage Liability—$1,000,000 combined single limit
for each accident.
• Excess Umbrella Liability—$1,000,000 for each occurrence
The coverage shall be in force from the time of the agreement to the date when all the
construction work for the Project is completed and accepted by the TOWN.If,however,the policy
is a claims made policy,it shall remain in force for a period of six(6)years after completion.
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The ENGINEER will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151B(Law Against Discrimination) and
any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
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The ENGINEER shall comply with all federal and state laws, rules and regulations promoting fair
employment practices or prohibiting employment discrimination and unfair labor practices and
shall not discriminate in the hiring of any applicant for employment nor shall any qualified
employee be demoted,discharged or otherwise subject to discrimination in the tenure,position,
promotional opportunities, wages, benefits or terms and conditions of their employment
because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual
orientation or for exercising any rights afforded by law.
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The ENGINEER will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151,§1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. If applicable,the ENGINEER,or any
authorized sub-contractor will, at all times comply with the wage rates as determined by the
Commissioner of the Department of Labor and Industries, under the provisions of General Laws
c149,§§26 to 27D(Prevailing Wage Law),as shall be in force and as amended.The ENGINEER,or
any authorized sub-contractor will, in addition to any other submissions required by the
Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the information
described in General Laws c.149,§27B.
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At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the ENGINEER for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel,conditions of employment and other data relating to all matters
covered by this Agreement.
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This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.Any Amendments to this Contract must be made in writing
and executed by all signatories to the original Contract, prior to the effective date of the
amendment.
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Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
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
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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 0184S.
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 Gale Associates, Inc.
Department Head By: Allison E.OWeill,P.E.-President
Date: Date: Tune 2,2026
W y,
Melissa Murphy-Rodrigues
TOWN Manager
Date:
APPROVED AS TO FORM:
Christine P.O'Connor,TOWN Counsel
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
u,
Kyle Warn TOWN Accountant
Date
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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 —"'� E�� � Date June 2'
2026
Allison E.ONeall,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.ONeill 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.
June 2,2026
Signature Date
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Certificate of Authorization
(NOTE:A certified vote of the corporation may be substituted for this form.)
The Vendor, Gak Associates,Imis:(CHECK ONE)
(Nam aC0MPMyXWWAW&CWPWSdW)
A. a co on formed and exisftunder the laws of the stift o
t by s,
i ' ,P.E. si t
e and Title of Authorized RWasentative)
} is authorized to execute contracts in the name of said corporation.Such execution of any
contract or obligation in thiscorporation's name on its behalf by such duly authorized
individual shall be valid and binding upon the corporation.
B. a limited liability company or a partnership formed and existing under the
laws of the state of and pursuant to the limited liability company
agreement or partnership agiument
(Insert Name and °Title of Authorized Representative)
is authorized to execute contracts in the name of said company or partnership.Such
execution of any contract or obligation in this company or partnership's name on its
behalf by such duly authorized individual shall be valid and binding upon the company or
partnership.
C. is a sole proprietorship owned an operated exclusively by the undersigned
(Insert Name and Title of Authorized Representative)
Execution of any contract or obligation in this sole proprietorship's name by such duly
authorized individual shall be valid and binding.
ignature:
(Must be signed by Corporate Officer,Partner,or Sole
Proprietor)
�����`ltEtll�lltfrt�iiZ�� Lynette C.Young
OGIAr
Print Name of Abon
etary
w` 1964
Seer
Title
...md® �\�� June 2,2026
/I/iltpflh�� Date
}
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