Town of Spencer Engineering Peer Review Request for Proposals.pdf

TOWN OF SPENCER

REQUEST FOR QUALIFICATIONS (RFQ)

PEER REVIEW/CONSTRUCTION

MONITORING AND DESIGN SERVICES

FOR

THE SPENCER PLANNING BOARD AND CONSERVATION

COMMISSION

SPENCER, MASSACHUSETTS

Proposals Due: December 3, 2026 @ 10:00 am.

Late Proposals Will Be Rejected.

Deliver Complete Proposals To:

Town of Spencer c/o Vivian Poplawski Town Planner Office of Development and Inspectional Services Spencer, MA 01562

For Further Information, Please Contact:

Town of Spencer – ODIS VPoplawski@Spencerma.gov Phone: (508) 885-7500 ext. 127

All proposals received after the stated opening date and time will be judged to be unacceptable and will be returned unopened to the sender. No facsimile of proposals is permitted. The Town of Spencer reserves the right to reject any or all proposals, if deemed in the best interests of the Town.

Request for Qualifications Engineering and Wetlands Consulting Review Town of Spencer, MA

It is the intention of the Town of Spencer Planning Board and Conservation Commission, to retain the services of a Firm to provide peer review engineering and wetlands services as well as design and permitting services for town projects. The successful Firm shall provide peer plan review, certified erosion, sediment, and stormwater inspectors (CESSWI) and construction monitoring for projects for the Town of Spencer for a period of three years, with the Town retaining the “sole” option for three (3) additional one (1) year renewals.

All proposals must be received in the Office of Development and Inspectional Services (ODIS) prior to 10:00 am, December 3, 2026.

For a full copy of this Request for Qualifications, please visit SpencerMA.gov/bids and register to receive the full document.

It is anticipated that the selection shall be made no later than 30 days after the interviews are concluded. The Firm awarded the contract will be expected to begin work within one week of the execution of the contract.

TOWN OF SPENCER, MASSACHUSETTS

REQUEST FOR QUALIFICATIONS (RFQ)

It is the intention of the Town of Spencer Planning Board and Conservation Commission, to retain the services of a Firm to provide on-call Consulting engineering and wetlands peer review services, construction monitoring, and CESSWI services as needed.

Project: Retain Peer Review Engineering Consulting Services for the Planning Board and Conservation Commission.

Summary of Boards:

Planning Board: The Planning Board is an elected Board of five members that typically meets monthly on Tuesday evenings. The Planning Board reviews Site Plans, Special Permits and Subdivision Plans.

Conservation Commission: The Conservation Commission is a five member, appointed, Board of volunteers who administer and enforce the Wetlands Protection Act (M.G.L. Chapter 131, Section 40) and its Regulations (310 CMR 10.00), including DEP Stormwater Management Standards. There is a local wetland bylaw. The Conservation Commission meets on the Second and Fourth Wednesdays of each month.

I. Scope of Services Plan Review:

PLEASE NOTE: THE FOLLOWING WOULD INCLUDE PROJECTS THAT ARE

REVIEWED IN ACCORDANCE WITH THE CONSOLIDATED LOCAL PERMITTING

PROCESS FOR SMALL CLEAN ENERGY INFRASTRUCTURE SITING AND

PERMITTING REGULATIONS. THE FIRM IS REQUIRED TO UNDERSTAND AND

ADHERE TO THE REGULATIONS DURING THEIR REVIEW OF THESE

APPLICATIONS.

A. For projects requiring review by the Planning Board, work includes but is not limited to, the following:

• Engineering review services of special permit, site plan, and subdivision submissions;

• Review the applicant’s submittals and plans for conformance to Town of Spencer Zoning Bylaws and Rules and Regulations Governing the Subdivision of Land in the Town of Spencer, relating to but not limited to, any utilities, drainage, storm water, fire protection services, traffic and general engineering standards;

• Site visit(s) to review current conditions of pending application for consideration;

• Prepare a written report to be submitted to the Planning Board at least one (1) week prior to the scheduled meeting date;

• Meet/discuss with Town Departments and/or applicant after submittal of a review letter to the Planning Board to coordinate any storm water drainage, utility, traffic, and other issues as necessary;

• Provide special sub-consultant services as may be required to complete engineering plan review services;

• Attend Planning Board evening meetings when applicable;

• Present findings at Planning Board meetings including public hearings as applicable;

• Review additional submissions by applicants as needed;

• Performance of other engineering services as needed in support of the Planning Board’s assessment of impacts from proposed projects. This may include hiring of sub- consultants for work not normally required, including development of traffic impact assessments, Water Resource Protection District, Wetlands Protection District, and Flood Plain District impact assessments; and

• Perform CESSWI services as needed.

B. For projects requiring review by the Conservation Commission, work includes, but is not limited to, the following:

• On-call Professional wetlands, hydrology and engineering services to be provided for review of project impacts on wetland resource areas and conformance with the Wetlands Protection Act (MGL Chapter 131, Section 40), the Regulations (310 CMR 10.00) and Spencer Conservation Commission Regulations and policies;

• Review of Isolated Land Subject to Flooding (ILSF) calculations for compliance with 310 CMR 10.57, MA DEP Policy 85-2, and the Hydrology Handbook for Conservation Commissions. The review will include a determination if the assumptions represent sound engineering judgment; identification of missing information, if any; and, if adequate information is provided, an evaluation of the areas qualifications as ILSF;

• Review of potential impacts to vernal pools (certified vernal pools, NHESP-determined potential vernal pools, Town of Spencer-identified potential vernal pools) from development, land clearing, changes in hydrology, and stormwater management;

• Review of drainage calculations and plans to ensure conformance with DEP

Stormwater Management Standards, as it relates to impacts to wetland resource areas subject to protection under Wetland Protection Act and Regulations, and to ensure proposed stormwater runoff does not adversely impact abutting roads, existing drainage features, public and private properties by causing flooding or increases in peak runoff or poor water quality. The review would include a determination if the assumptions made by the applicant represent sound engineering judgment; and the identification of missing information, if any. The review will include evaluation of each of the ten standards utilizing DEP Stormwater Management Handbook, volumes I, II and III, as published by the DEP;

• Review of any potential off-site flooding impacts within the watershed of the proposed project and identification of any restrictive downstream culverts;

• Review of a project’s Storm Water Pollution Prevention Plan (SWPPP)required for all projects altering greater than 1 acre of land under the EPA’s National Pollution Discharge Elimination System (NPDES) Construction General Permit; review of RUSLE calculations, and the final 4(d) rule;

• Conduct field investigation(s) to make a determination of the accuracy of information provided within the application;

• Review additional submissions by the applicant as needed; and perform other ecological and wildlife services as needed in support of the Conservation Commission’s assessment of impacts from proposed projects. This may include hiring of sub-consultants for work not normally required, including review of wetland replication plans, floodplain compensation areas, riverfront area economic alternatives analysis, wildlife habitat evaluations or rare species evaluations.

• Verification of wetland resource area delineations, as needed.

• Deliverables:

Prepare one, original, signed written report to the Conservation Commission, (paper copy plus electronic format (PDF) to be submitted at least one (1) week prior to scheduled meeting date;

Attend Conservation Commission evening meetings and present findings at public hearings when applicable;

C. Design and Permitting services:

• Undertake design and permitting (all federal, state and local) for all projects except those services being provided currently under a separate contract and logical extensions of existing contracts, involving and needing such services, including but not limited to road reconstruction, drainage improvements and dam repair.

II. Scope of Services Construction Inspections:

A. For projects approved by the Planning Board, work includes, but is not limited to, the following:

i. Site Plan Construction Inspections:

• Coordinate scheduling of and run a pre-construction meeting with the developer and/or owner, general contractor, Conservation Agent, Director of Planning & Economic Development, Building Commissioner, Water & Sewer Commissioner and others as needed, prior to the start of construction to review Planning Board Decisions, Conservation Commission Order of Conditions and other requirements, as well as discuss inspection schedule and project details as needed.;

• Perform a site visit following the pre-earth disturbance sediment control measures;

• Perform a site visit following completion of site clearing/grubbing work;

• Perform periodic site visits during the installation of drainage system and structural stormwater Best Management Practices (BMPs);

• Perform periodic site visits during the installation of off-site mitigation measures;

• Perform final site visits for preparing "Punch Lists", or to review the As-Built Plans and to evaluate compliance with the approved plans;

• Prepare a written report to the Planning Board with notification that all work has been completed and in conformance with the approved plans and Zoning Regulations; if deficiencies arise, or work is not complete, provide documentation to the Planning Board; If a joint review, copy Conservation Commission with all written reports;

• Coordinate timing of site visits with developer or owner representatives;

• Document all site visits and relevant details and provide inspection reports to appropriate Department Heads;

• Performance of other project inspections and services as needed or as required by the Director of Planning & Inspectional Services; and

• Perform CWSSWI services as needed.

ii. Subdivision Construction Inspections

• Prepare cost-to complete estimates (surety estimates) for subdivision work as requested by the Planning Board or developer;

• Coordinate scheduling of and run a pre-construction meeting with the developer and/or owner, general contractor, Conservation Agent, Director of Planning, Building Commissioner, and others as needed, prior to the start of construction to review Planning Board Decisions, Conservation Commission Order of Conditions and other requirements, as well as discuss inspection schedule and project details as needed.;

• Perform a site visit following the installation of initial sediment control measures;

• Perform periodic site visits during clearing, cut and fill, and general preparation of roadways and subgrades;

• Perform site visits during the installation and backfilling of utilities, water, sewer, drainage, etc. to evaluate compliance with project plans and specifications; check location, size and depth of retention/ detention ponds and other storm water structures during and after construction;

• Visually review road sub-base prior to placement of base gravel and select locations for compaction tests by others. The contractor and/or his engineer will provide offsets and elevations;

• Witness compaction testing on sub-base and/or base material prior to placement of binder;

• Monitor binder and finish pavement placement in roadway, for pavement thickness, width and general alignment;

• Perform periodic site visits during gravel placement and compaction associated with sidewalk construction;

• Perform periodic site visits to monitor pavement or concrete placement during sidewalk construction;

• Visually confirm monument installation, upon notification that all bounds, markers and monuments are in place;

• Perform final site visits for preparing "Punch Lists", or to review the As-Built Plans and to evaluate compliance with the approved plans;

• Document all site visits and relevant details and provide inspection reports to appropriate Department Heads;

• Review site conditions and prepare a letter to the Planning Board recommending whether or not surety held in escrow is ready to be released to the applicant upon written request for release from the developer; and

• Perform a Final Inspection, with notification to the Planning Board that all road construction and drainage work is complete and in conformance with the approved plans and Subdivision Regulations; and

• Perform CESSWI services as needed.

D. For projects approved by the Conservation Commission that require construction inspections, work includes, but is not limited to, the following:

• Coordinate scheduling of and run a pre-construction meeting with the developer and/or owner, general contractor, Conservation Agent, Town Planner, Building Commissioner, and others as needed, prior to the start of construction to review Conservation Commission decisions,

• Conservation Commission Order of Conditions and other requirements, as well as discuss inspection schedule and project details as needed;

• Document all site visits and relevant details and provide inspection reports to appropriate Department Heads;

• Perform construction monitoring of stormwater management systems and wetland/floodplain replication, as needed, for compliance with the Order of Conditions (OOC) and SWPPP and

• Perform CWSSWI services as needed.

III. Submittal Requirements All respondents (hereinafter “Firms”) shall submit a proposal in a sealed envelope marked “Peer Review Consultant Proposal” containing all relative information as detailed below with the exception of any fees or rate schedules. The fee or rate schedule(s) shall be contained in second sealed envelope marked “Fee for Peer Review Consultant Services”. Any proposal that includes any reference to a fee or rates will be rejected and determined to be non-responsive and disqualified from any further evaluation.

Please note this Proposal Request is qualification driven. The Town requests that Firm's do not include any indication of fees for services or any hourly rates for staff within the Firm or for any sub-consultant in the proposal submittal.

All proposals should contain the following documentation:

1. Cover Letter:

a. The proposal cover letter should include reference to staff assignments to the Town should the firm be selected and an agreement be executed, and an acknowledgement of any Addenda (if issued).

2. Firm Qualifications:

a. Firms responding to the Town’s RFQ should provide detailed information on the firm and the firm’s ability to provide specialized services. This should include the ability of the firm to integrate various specialties such as engineering, landscape architecture, traffic review, urban design, street lighting, storm water reviews, wetlands delineation as well as, zoning etc.

3. Staff Qualifications:

a. The proposal shall identify the licensed Team (all key personnel, specialists, outside firms, and/or individual consultants) being proposed as the “Town’s Team” with resumes. The Town will only accept a Project Manager who is Massachusetts Registered and/or Licensed Professional Engineer (PE) or a Professional Wetlands Scientist (PWS).

4. References:

a. Firms should submit three to five (3-5) municipal references. Consultant should provide evidence and references that would indicate the firm’s ability to complete work with a high level of quality control keeping to a fairly fast timeline, including: firm’s approach to effective project management; identify project manager/team’s workload; team and firm’s ability to handle current workload and anticipated workload under this contract;

firm’s commitment to meeting the required timelines and maintain a high level of quality control.

5. Writing Sample:

a. Firms should submit a writing sample, including a sample stormwater review letter of a wetland-jurisdictional project for a conservation commission, review and work relative to Engineering Consulting Services (Plan Review, including Wetlands and Hydrology review and Construction Inspections) to local MA Municipal Boards completed during the last five

(5) years in the Commonwealth of Massachusetts. Firms should demonstrate their knowledge of all items listed in #6.c below. Of particular interest to the Town would be Planning Board, Conservation and ZBA related work. The Town will require a proven track record of providing, comparable Consulting Services within Massachusetts Communities.

This background information should include specific reference to working with MA Municipal Boards over the last five (5) years.

6. Technical Approach:

a. Firms should submit a comprehensive plan that shows knowledge of Planning Board, Conservation Commission and Zoning Board of Appeals Engineering Consulting and Services processes for a typical Board review and Construction Inspection Engineering Consultant Services, based on a typical approved site plan or subdivision moving into the construction phase of the project.

b. The plan should be included in the proposal indicating how the Firm will approach the work with the Town, including anticipated timeframes for project review and receipt of response letters. The plan should also include a statement listing any items, or requirements that the Town would have to make available (if applicable).

c. In addition to the above, the proposal must include statements indicating thorough knowledge of the Massachusetts State Building Code, the American with Disabilities Act, relevant state regulations and Massachusetts General Law including M.G.L. Chapter 41, Section 81 (Subdivision Control Law), Wetlands Protection Act (MGL Chapter 131, Section

40), the Regulations (310 CMR 10.00) and Spencer Conservation Commission Policies, Town of Spencer Zoning Bylaws, Rules and Regulations Governing the Subdivision of Land, and Rules and Regulations Governing the Administration of the Scenic Road Act as well as other state and federal environmental permit requirements (i.e. Army Corps of Engineer permit, 401 Water Quality Certificate, Chapter 91, Massachusetts Endangered Species Act, Massachusetts Environmental Policy Act).

d. The firm should identify use of current technology. This should include the Firm’s ability to utilize innovative technologies in the performance of project obligations to increase project efficiency and reduce project time/costs.

Any firm desiring consideration that has not provided all of the initial submittal requirements, met the minimum qualifications and submittal deadline may be determined to be non-responsive and may be disqualified from any further review.

If the proposal is rated as “responsive” the Town will further take into consideration the following: Consultant selection will be based on qualifications. The Qualifications package should illustrate the Consultant’s competence, ability and qualifications to accomplish these types of consulting services.

IV. Minimum Qualifications:

a. A Massachusetts Registration and/or License is required in all applicable disciplines for members of the proposed “Town’s Team” to be assigned to the Town. Applicable disciplines for the “Town’s Team” at minimal the Principal-in-Charge, and/or Civil Engineer.

b. The Firm and any Consultants/Subcontractors must have completed consulting engineering review and inspection services for Massachusetts Municipal Boards with a minimum of five

(5) years of related experience.

c. All Firms applying must provide evidence of sufficient levels of staff to achieve the proposed schedule. This information should be supplied within the proposal format. The “Town’s Team” should be listed in the cover letter and in a specific index within the proposal together with specific names, qualifications and areas of expertise of all staff who will be directly working for the Town.

V. Instructions for Submitting proposals:

Prior to the deadline, interested Firms shall submit the following:

A. One (1) original (un-bound) and a digital copy of the Firm's proposal, the requested proposal information and a cover letter in an envelope marked “Consulting Engineering Services”; and

B. One (1) envelope marked “Fee for Consulting Engineer Services” containing the fee or rate schedule(s).

All proposals must be received in the Town ODIS Office prior to 10:00 am, December 3, 2026.

The Firm may correct, modify or withdraw a proposal prior to the date and time set as the deadline for proposals. Proposals received after the deadline will not be considered and will be returned unopened.

VI. Rating Information/Minimal Qualifications The award of this agreement is based on a Qualification Based Selection (QBS) Process. All Firms must possess and provide evidence within the proposal submitted that they have all of the following “initial” minimum qualifications to be considered as “responsive”:

The Town will rate all proposals based on the qualifications listed in each proposal submittal responding to the RFQ.

A "responsive rating" shall be given to all proposals received prior to the deadline for submittal;

having submitted all of the appropriate signed documents, and the required information the Town is requesting. Those proposals assigned with a "responsive rating" shall be further evaluated.

Any proposals received after the deadline for submittal, or those proposals received that are missing the required information, may not be considered for any evaluation by the Town.

These proposals will be classified as being “non-responsive” and given no further review by the Town. In addition, any proposal with a fee schedule that is not submitted in a separately sealed envelope shall be deemed non-responsive.

VII. Selection Criteria:

A recommendation for selection of the successful Firm shall be made by a Selection Committee which may be comprised of a representatives of the Planning Board, Conservation Commission, Town Planner, Conservation Agent, Utilities and Facilities and the Town Administrator. The Town Administrator shall make the final selection. The recommendation and selection of the successful proposer shall be based upon the following:

1. Ability to meet the qualification requirements;

2. Clear and concise response to items listed in the Scope of Work;

3. Overall quality of submittal;

4. Demonstrated ability to:

a. perform species-specific investigations;

b. prepare complete and detailed information reports;

c. meet work schedules and demonstrate initiative in undertaking work; and

d. accurately estimate costs.

A firm may be deemed ineligible if there has been a previous problem with performance under a contract with the Town of Spencer or other municipality, whether by reason of work quality or budget overruns.

Any proposal which fails to include any material information or documentation specified in the proposal submission requirements is non-responsive and will be rejected.

The Selection Committee will rank all proposals according to the criteria listed below. Firms with the highest ranking proposals may be requested to present their proposals at an interview by the Selection Committee prior to the making of the recommendation to the Town Administrator. The Registered Professional Engineer and the entire specifically identified team are expected to attend an interview upon request.

Proposals will be evaluated based upon the following criteria:

1. The ability to meet the qualification requirements shall be determined by the professional background and caliber of previous experience of key persons within the firm and of each of the firm’s consultants and subcontractors to be assigned to the project. Please include resumes of these key people and each person’s precise role in performing the scope of work. These elements must be identified. (Weight Factor: 25%)

• Highly Advantageous: Clearly evident that most key people have significant professional experience relating to the content of this RFQ. (10 pts)

• Advantageous: Clearly evident that many key people have significant professional experience relating to the content of this RFQ. (7 pts)

• Not Advantageous: Clearly evident that only some of the key people have significant professional experience relating to the content of this RFQ. (5 pts)

• Unacceptable: Experience is not significant or clearly evident. (3 pts)

2. Proposed schedule, work plan and methodology to meet the objectives set forth in this

RFQ. (Weight Factor: 25%)

• Highly Advantageous: Proposed schedule is earlier than the timeline specified in the RFQ and work plan and methodology strongly supports all of the project requirements and logically leads to the deliverables required in the RFQ. (10 pts)

• Advantageous: Proposed schedule meets the timeline specified in the RFQ and work plan and methodology supports all the project requirements and logically leads to the deliverables required in the RFQ. (7 pts)

• Not Advantageous: Proposed schedule partially meets the timeline specified in the RFQ and work plan and methodology support some of the project requirements but is unclear on how deliverables required in the RFQ will be achieved. (5 pts)

• Unacceptable: Proposed schedule greatly exceeds the timeline specified in the RFQ and work plan and methodology do not appear to support project requirements or lead to the deliverables required in the RFQ. (3 pts)

3. Quality of the proposal. (Weight Factor: 25%)

• Highly Advantageous: Proposal provides a significant amount of detail specifically addressing the requirements of the RFQ. (10 pts)

• Advantageous: Proposal is complete and meets the majority of the requirements of the RFQ. (7 pts)

• Not Advantageous: Proposal is mostly complete but does not meet the majority of the requirements in the RFQ. (5 pts)

4. Unacceptable: The proposal is incomplete or does not meet most of the requirements of the RFQ. (3 pts)

5. Quality of the reference checks. (Weight Factor: 25%)

• Highly Advantageous: References speak highly of the firm(s) to be involved in the project as well as confirm the ability of the firm to perform the responsibilities outlined in the RFQ. (10 pts)

• Advantageous: References recommend the firm(s) to be involved in the project as well as confirm the ability of the firm to perform the responsibilities outlined in the RFQ. (7 pts)

• Not Advantageous: References only confirm the ability of the firm to perform the responsibilities outlined in the RFQ. (5 pts)

• Unacceptable: References do not recommend the firm(s) to be involved in the project or do not confirm the ability of the firm to perform the responsibilities outlined in the RFQ. (3 pts)

VIII. Proposal Acceptance and Rejection.

The Town will give notice of the acceptance of the successful proposal with an award letter to the proposer’s address stated in the proposal by mailing through USPS. The successful proposer shall deliver the Agreement presented by the Town, duly signed and properly executed, within ten (10) calendar days of receipt of the notice of acceptance. If the successful bidder fails to execute the Agreement within such time period, the Town may accept another proposal. The failure of any proposer to examine the agreement documents shall not relieve it from the obligations it will incur if its proposal is accepted. The successful proposer may not change the tasks or deliverables in the RFQ without written consent of the Town of Spencer.

1. All or part of the successful proposal submitted shall become incorporated into the final contract documents, as the Town determines.

2. The successful proposer shall provide the required anti-collusion and anti-fraud certificates upon contract award.

3. Upon contract award, the successful proposer shall purchase and maintain General

Liability, Environmental Impairment Liability (professional E & O coverage) and Automobile Liability Coverage at a minimum limit of liability of $1,000,000.00 and shall provide Certificates of Insurance listing the Town of Spencer as an Additional Insured on each policy. Proof of Workers’ Compensation coverage is required.

a. The successful proposer shall purchase and maintain any other insurance usual to this type of project to protect against claims which may arise under the contract.

b. All coverage shall be maintained from the date of the agreement to the date when all items in the scope of work are completed and accepted by the Town.

Inquiries should be directed to:

Vivian Poplawski Town Planner Town of Spencer 157 Main St.

Spencer, MA 01567 VPoplawski@Spencerma.gov

It is anticipated that the selection shall be made no later than 20 days after the interviews are concluded. The Firm awarded the contract will be expected to begin work within one week of the contract execution.

GENERAL AND SPECIAL PROVISIONS

1. The Town of Spencer, as the Awarding Authority, reserves the right to reject all proposals and to waive any formalities or irregularities as it deems in the best interest of the Town.

2. All proposals, materials, drawings, plans, etc. submitted in conjunction with the selection process shall become the property of the Town of Spencer and may be disposed of without notification and shall be considered public information.

3. The applicant and any consultants of the applicant selected shall be expected to comply with all applicable federal, state, and local rules, regulations, and laws as they apply to the project without limitation including all federal, state, and local bidding, environmental, and safety rules, regulations, and laws in the performance of service.

4. The consideration of all proposals and the subsequent selection of the successful applicant shall be made without regard to race, color sex, age, handicap, religion, political affiliation or national origin.

5. The successful applicant, and all consultants of the applicant, shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth (General Laws, Chapter 151 B).

6. The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful applicant may receive or award as a result of this contract on behalf of the Awarding Authority.

CONTRACT

A draft Standard Form of Contract between the Firm and Owner has been provided in Attachment A.

Upon execution of the Contract, the Firm will be instructed to commence providing the work outlined in the contract. All information, data, documents, photos, computer records, and other materials of any kind acquired or developed by the Firm pursuant to this project shall be the property of the Town of Spencer.

APPLICANT CERTIFICATION AND PROPOSAL SIGNATURE

The Applicant hereby certifies that:

1.The applicant has not given, offered, or agreed to give any gift, contribution, or, offer of employment as an inducement for, or in connection with, the award of contract for these services.

2. No consultant to, or, subcontractor for the applicant has given, offered, or agreed to give any gift, contribution, or, offer of employment to the applicant, or, to any other person, corporation, or entity as an inducement for, or, in connection with, the award to the consultant or subcontractor of a contract by the applicant.

3. That no person, corporation, or, other entity, other than a bona fide full-time employee of the applicant has been retained or hired to solicit for or in any way assist the applicant in obtaining the contract for services upon an agreement or understanding that such person, corporation, or entity be paid a fee or other compensation contingent upon the award of the contract to the applicant.

4. The Firm has the internal accounting controls as required by MGL c30, § 39R(c) and that the Firm has filed and will continue to file an audited financial statement as required by MGL c30, §39R(d).

I hereby attest with full knowledge of the penalties for perjury, as in accordance with General Laws, Chapter 7C, Section 48 that all information provided in this application for services is correct.

_________________________________ (Executor - Printed)

_________________________________ (Signature)

__________________________________ (Title) __________________________________ (Name of Firm) __________________________________ (Address)

________________________________ (Date)

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this 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 any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

Address:

Name:

Signature:

Title:

Date:

STATE TAX COMPLIANCE CERTIFICATION

I certify under the penalties of perjury that, I, to my best knowledge and belief, have complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

*Signature of individual or Corporate Officer

Corporate Name (Mandatory)

**Social Security Number or Federal Identification Number

*Approval of a contract or other agreement will not be granted unless certification clause is signed by the applicant.

**Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations.

Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed or extended. This request is made under the authority of MGL C 62c §49A.

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of

(Name of Corporation) it was VOTED that

(Name and Title) of this company is authorized to execute contracts and bonds of and on behalf of this company and affix its corporate seal hereto; and such execution of any contract obligation in this company's name and on its behalf, said obligation to be valid and binding upon this company.

Company Name

Address:

Name & Title of Signatory:

I hereby certify that I am the Clerk of

(Name of Corporation) that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Name of Clerk:

(Corporate Seal)

DEBARMENT DISCLOSURE FORM

PUBLIC CONTRACTS - DEBARMENT CHAPTER 550, ACTS OF 1991

The said undersigned certifies under penalties of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of Chapter 29 of the General Laws, or any other applicable debarment provisions of any other chapter of the General Laws, or any Rule or Regulation promulgated there under.

Company:

Signature:

Print Name and Title of Person Signing:

Address: __________________________________________

City, State, Zip:

ATTACHMENT A

STANDARD FORM OF CONTRACT

AGREEMENT FOR PROFESSIONAL

ENGINEERING SERVICES

BETWEEN

THE TOWN OF SPENCER, MASSACHUSETTS

AND

(FIRM NAME)

THIS AGREEMENT made this ____ day of _______________, 2025 between

__________________ a Massachusetts corporation with a usual place of business at __________________, hereinafter called the “ENGINEER,” and the Town of Spencer, MA With a usual place of business at 157 Main Street, Town Hall, Spencer, MA 01562 hereinafter called the

“TOWN”.

The ENGINEER and the TOWN, for the consideration hereinafter named, agree as follows:

1. Scope of Work

The ENGINEER shall perform the work set forth in the Scope of Services attached hereto as Exhibit A.

2. Contract Price

The TOWN shall pay the ENGINEER for services rendered in the performance of this Agreement a lump sum of ______________ subject to any additions and deductions provided for herein at the hourly rates set forth in Exhibit B. The amount to be paid to the ENGINEER shall not exceed $________________________ without the prior written consent of the TOWN.

3. Commencement and Completion of Work

A. This Agreement shall commence on _________________, 2026, and shall expire on _____________, unless terminated sooner in accordance with this Agreement.

B. Progress and Completion: 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 of progress as will insure completion in a timely manner.

4. Performance of the Work

The ENGINEER shall supervise and direct the Work, using that degree of care and skill ordinarily exercised under similar circumstances by prudent members of the profession, which shall not be less than such state of skill and attention generally rendered by the engineering/design profession for projects similar to the Project in scope, difficulty and location.

A. Responsibility for the Work:

(1) The ENGINEER shall be responsible to the TOWN for the acts and omissions of his employees, subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the ENGINEER. Consistent with the standard of care referenced above, 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.

(2) The ENGINEER shall not employ additional consultants, nor sublet, assign or transfer any part of his services or obligations under this Agreement without the prior approval and written consent of the TOWN.

Such written consent shall not in any way relieve the ENGINEER from his responsibility for the professional and technical accuracy for the work or services furnished under this Agreement.

(3) All consultants must be registered and licensed in their respective disciplines if registration and licensor are required under the applicable provisions of Massachusetts law.

(4) 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.

(5) The ENGINEER shall not be relieved from its obligations to perform the work in accordance with the requirements of this Agreement either by the activities or duties of the TOWN in its administration of the Agreement, or by inspections, tests or approvals required or performed by persons other than the ENGINEER.

(6) Neither the TOWN's review, approval or acceptance of, nor payment for 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.

B. Deliverables, Ownership of Documents: One (1) reproducible copy of all drawings, plans, specifications and other documents prepared by the ENGINEER 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.

C. Compliance With Laws: In the performance of the Work, the ENGINEER shall comply with all applicable federal, state and local laws and regulations, including those relating to workplace and employee safety.

5. Site Information Not Guaranteed; Contractor's Investigation

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.

6. Payments to the Contractor

A. Cost incurred on this project shall be billed monthly on an hourly basis as outlined in the attached Scope of Services. Payment shall be due 30 days after receipt of an invoice by the TOWN.

B. If there is a material change in the scope of work, the TOWN and the ENGINEER shall mutually agree to an adjustment in the Contract Price.

C. If the TOWN authorizes the ENGINEER to perform additional services, the

ENGINEER shall be compensated in an amount mutually agreed upon, in advance, in writing. Except in the case of an emergency, the ENGINEER shall not perform any additional services until such compensation has been so established.

7. Reimbursement

Except as otherwise included in the Contract Price or otherwise provided for under this Agreement, the ENGINEER shall be reimbursed by the TOWN: (a) at 1.0 times the actual cost to the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or otherwise. No such reimbursement shall be made unless the rates of compensation have been approved, in advance, by the TOWN; (b) at 1.0 times the actual cost of additional or specially authorized expense items, as approved by the TOWN.

8. Final Payment, Effect

The acceptance of final payment by the ENGINEER shall constitute a waiver of all claims by the ENGINEER arising under the Agreement.

9. Terms Required By Law

This Agreement shall be considered to include all terms required to be included in it by the Massachusetts General Laws, and all other laws, as though such terms were set forth in full herein.

10. Indemnification

A. General Liability: The ENGINEER shall indemnify and hold harmless the TOWN from and against any and all claims, damages, losses, and expenses, including attorney's fees, to the extent arising out of the performance of this Agreement and to the extent the same relate to matters of general commercial liability, when such claims, damages, losses, and expenses are caused, in whole or in part, by the negligent or wrongful acts or omissions of the ENGINEER or his employees, agents, subcontractors or representatives.

B. Professional Liability: The ENGINEER shall indemnify and hold harmless the

TOWN from and against any and all claims, damages, losses, and expenses, including attorney's fees, arising out of the performance of this Agreement and to the extent the same relate to the professional competence of the ENGINEER's services, when such claims, damages, losses, and expenses are caused, in whole or in part, by the negligent acts, negligent errors or omissions of the ENGINEER or his employees, agents, subcontractors or representatives.

11. Insurance

A. The ENGINEER shall at his own expense obtain and maintain a Professional Liability Insurance policy for errors, omissions or negligent acts arising out of the performance of this Agreement in a minimum amount of $1,000,000.00. The ENGINEER shall provide a certificate of insurance naming the Town as additionally insured.

B. The coverage shall be in force from the time of the agreement to the date when all 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.

Since this insurance is normally written on a year-to-year basis, the ENGINEER shall notify the TOWN should coverage become unavailable.

C. The ENGINEER shall, before commencing performance of this Agreement, provide by insurance for the payment of compensation and the furnishing of other benefits in accordance with M.G.L. c.152, as amended, to all its employees and shall continue such insurance in full force and effect during the term of the Agreement.

D. The ENGINEER shall carry insurance in a sufficient amount to assure the restoration of any plans, drawings, computations, field notes or other similar data relating to the work covered by this Agreement in the event of loss or destruction until the final fee payment is made or all data are turned over to the TOWN.

E. The ENGINEER shall also maintain public liability insurance, including property damage, bodily injury or death, and personal injury and motor vehicle liability insurance against claims for damages because of bodily injury or death of any person or damage to property.

F. Evidence of insurance coverage and any and all renewals substantiating that required insurance coverage is in effect shall be filed with the Agreement. Any cancellation of insurance, whether by the insurers or by the insured, shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the TOWN at least fifteen days prior to the intended effective date thereof, which date shall be expressed in said notice.

G. Upon request of the ENGINEER, the TOWN reserves the right to modify any conditions of this Article.

12. Notice

All notices required to be given hereunder shall be in writing and delivered to, or mailed first class to, the parties' respective addresses stated above. In the event that immediate notice is required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed by notice in writing in the manner set forth above.

13. Termination

A. Each party shall have the right to terminate this Agreement in the event of a failure of the other party to comply with the terms of the Agreement. Such termination shall be effective upon seven days' notice to the party in default and the failure within that time of said party to cure its default.

B. The TOWN shall have the right to terminate the Agreement without cause, upon ten

(10) days' written notice to the ENGINEER. In the event that the Agreement is terminated pursuant to this subparagraph, the ENGINEER shall be reimbursed in accordance with the Agreement for all work performed up to the termination date.

14. Miscellaneous

A. Assignment: The ENGINEER shall not assign or transfer any of its rights, duties or obligations under this Agreement without the written approval of the TOWN.

B. Governing Law: This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TOWN by its authorized representative who, however, incurs no personal liability by reason of the execution hereof or of anything herein contained, as of the day and year first above written.

ENGINEER:

By: _________________________________

Name: _______________________________ Type or Print

Title: ________________________________

TOWN OF SPENCER:

By: _________________________________ Jeff Bridges, Town Administrator

Approved as to Form:

By__________________________

(Owner's Counsel)

In accordance with G.L. c.44, Section 31C, this is to certify that an appropriation in the amount of this contract is available therefore and that the has been authorized to execute the contract and approve all requisitions and change orders.

By__________________________

(Owner's Accountant)

(Name)

519856/KOPE/0003

EXHIBIT A

Scope of Work

1.0 For projects requiring review by the Planning Board, work includes but is not limited to, the following:

• Engineering review services of special permit, site plan, and subdivision submissions;

• Review the applicant’s submittals and plans for conformance to Town of Spencer Zoning Bylaws and Rules and Regulations Governing the Subdivision of Land in the Town of Spencer, relating to but not limited to, any utilities, drainage, storm water, fire protection services, traffic and general engineering standards;

• Site visit(s) to review current conditions of pending application for consideration;

• Prepare a written report to be submitted to the Planning Board at least one (1) week prior to the scheduled meeting date;

• Meet/discuss with Town Departments and/or applicant after submittal of a review letter to the Planning Board to coordinate any storm water drainage, utility, traffic, and other issues as necessary;

• Provide special sub-consultant services as may be required to complete engineering plan review services;

• Attend Planning Board evening meetings when applicable;

• Present findings at Planning Board meetings including public hearings as applicable;

• Review additional submissions by applicants as needed;

• Performance of other engineering services as needed in support of the Planning Board’s assessment of impacts from proposed projects. This may include hiring of sub-consultants for work not normally required, including development of traffic impact assessments, Water Resource Protection District, Wetlands Protection District, and Flood Plain District impact assessments; and

2.0 For projects requiring review by the Conservation Commission, work includes, but is not limited to, the following:

• On-call…