BoS 12/17 agenda

Board of Selectmen
PLACE OF MEETING DAY, DATE, AND TIME
Town Hall, Chenery Meeting Room, 2nd floor Tuesday December 17,2013 @ 7:00 PM

AGENDA (SUBJECT TO CHANGE)
7:00 PM Council on Aging
FY 2015 budget

ACTION
Announce: Transfer Station Holiday Hours;
Closed: Wednesday December 25,2013.
Open: Thursday December 26, Friday December 27 and Saturday December 28,2013.
Closed: Wednesday January 1,2014.
Open Thursday January 2, Friday January 3 and Saturday January 4, 2014

Vote to sign the January 7, 2014 Warrant For Special State Election. Only Precincts 3 & 4 to Vote

Vote to authorize Town Administrator Sullivan to sign MIlA two year Guarantee Proposal for Property and
Liability and Workers’ Compensation Programs

Vote to sign Agreement with Environmental Partners Group, Inc. for replacement of public water supply
storage tank at former state hospital site

COMMITTEE APPOINTMENT

The Kingsbury Pond committee requests the Selectmen vote to appoint Michael Thompson, Paul Trumbour and
Sharon Judge to their committee

=================
KENNETH P. FEENEY
Superintendent
December 9,2013
TOWN OF MEDFIELD
Office of
SUPERINTENDENT OF PUBLIC WORKS
MEDFIELD, MASSACHUSETTS
TO: Board of Selectmen
(508) 359-8505, x3002

The DPW would like to request the following to be approved in regards to the TFS hours during the holiday.

Closed – December 25,2013
Open – December 26th, 27th & 28th
Closed – January 1, 2014
Open – January 2nd, 3rd & 4th

~~ Kenneth P. Feene

========================

Norfolk, SS
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GAL YIN
SECRETARY OF THE COMMONWEALTH
WARRANT FOR SPECIAL STATE ELECTION
JANUARY 7, 2014

To either of the Constables of the Town of Medfield

GREETINGS:

In the name of the Commonwealth you are hereby required to notify and warn the
inhabitants of the Town of Medfield who are qualified to vote in Special State Elections
to vote at Precincts 3 & 4 at the CENTER at Medfield, located on Ice House Road, on
TUESDAY, THE SEVENTH DAY OF JANUARY, 2014 from 6:00 A.M. to 8:00 P.M.
for the following purpose:
To cast their votes in the Special State Election for the candidates of political parties for
the following office:
REPRESENTATIVE IN GENERAL COURT …. FOR THE NINTH NORFOLK
DISTRICT
Hereof fail not and make return of this warrant with your doings thereon, unto the Town
Clerk at the time and place of election aforesaid. Given unto our hands this __ day
of December in the year of two thousand thirteen.
Mark Fisher
Osler Peterson
Richard DeSorgher
SELECTMEN OF MEDFIELD
By virtue of this warrant, I have notified and warned the inhabitants of the Town of
Medfield, qualified to vote in elections, to meet at the time and for the purpose named, by
posting attested copies of the same at five public places seven days before the date of the
meeting as within directed.
Constable:
Date:
A TRUE COPY ATTEST:
Carol A. Mayer, CMCICMMC lsi
Town Clerk

============================

M IIA

MEMBER
DRIVEN

December 4,2013

MilA Member Services
15 Cabot Road
Woburn, MA 01801-1003
TEL (800) 526-6442
FAX (781) 376-9907
http://www.emiia.org

Mr. Michael J. Sullivan
Town Administrator
Town of Medfield
459 Main Street
Medfield, MA 02052

Re: 2 Year Guarantee Proposal

Dear Michael:

The Town of Medfield is an important member of the MilA programs. Due to the overall
success of our programs and your excellent loss history, we are able to offer you a renewal
proposal for Fiscal Year 2015 and Fiscal Year 2016 which includes a rate change of 0% for
Fiscal Year 2015, and a rate increase of no more than 2.5% for Fiscal Year 2016. We are
pleased to offer this renewal proposal for both your property and liability and workers’
compensation coverages.
Your overall contributions may reflect changes in exposures, such as an increase in building
values, change in vehicles, change in expenditures, increases in payroll or changes in
experience modification factors. This offer is being made to a limited number of MilA
members and is contingent on maintaining a favorable loss ratio for all lines of coverage
below 60% through Fiscal Year 2016. As a reminder, MilA may provide participation
discounts and MIlA Rewards credits depending upon individual member participation.
MilA is the non-profit insurance arm of the Massachusetts Municipal Association (MMA)
which was established to deliver insurance cost stability for Massachusetts communities.
We provide superior, competitive risk management solutions including health and dental,
property and liability and workers’ compensation insurance to nearly 400 cities, towns and
other public entities in Massachusetts.
By accepting our proposal, you will continue to benefit from stable costs from MilA’s
consistently superior coverages and services. In order to accept our offer, please sign and
return the enclosed copy of this letter to our offices before December 20, 2013. For your
convenience, enclosed is a return envelope. We appreciate your continued commitment to
the MilA programs.
Sincerely,
~~.
Adriene Magnolia, AAI, AIS
Senior Account Executive
We wish to continue participating in the MIlA Property and Liability and Workers’ Compensation
programs for Fiscal Year 2015 and Fiscal Year 2016.
Signatnre Date
Title
An Interlocal Service of the Massachusetts Municipal Association

==================================

TOWN OF MEDFIELD, MA
AGREEMENT
This Contract is made this _day of December 2013 by and between the Town of Medfield, a
Municipal Corporation, duly organized under the laws of the Commonwealth of Massachusetts
and having a usual place of business in the Town House, 459 Main Street in said Medfield, MA
02052, acting by and through its Board of Selectmen and its Board of Water and Sewerage,
hereinafter referred to as the “Town” and Environmental Partners Group, Inc. having.a usual
place of business at 1900 Crown Colony Drive, Suite 402, Quincy, MA 02169 hereinafter
referred to as the “Engineer”.

WITNESSED:
Whereas, the Town solicited submission of proposals for engineering services for replacement of
public water supply storage tank at former Medfield State Hospital property hereinafter referred
to as “Program”; and
Whereas, the Engineer submitted a proposal to perform the Tasks required for the Program and
the Town has decided to award the contract therefore to the Engineer.

NOW, THEREFORE, the Town and the Engineer agree as follows:

1. Contract Documents. The Contract Documents consist of this Agreement together with
Town’s Request for Proposals, the Engineer’s Response to Town’s Request for Proposals and
Engineer’s Price Proposal which includes proposed fee schedule: Task 1 for $17,000.00 for
preliminary design; Task 2 for $16,500.00 for project permitting and approval; Task 3 for
$37,000.00 for final design and Task 4 for $9,000.00 for bidding services and assistance, total
of payments: $117,500.00 and Engineer’s schedule of hourly rates, both attached hereto as
“Exhibit A”, (two pages). The Contract Documents constitute the entire Agreement between
the parties concerning the services and all are as fully a part of this Agreement as if attached
hereto. In the event of conflicting provisions, the language of this Agreement shall govern
provided that if the conflict relates to quantity or quality of goods or services, the greater
quantity or higher quality specified shall be required.
2. Scope of Services. The Engineer shall furnish services related to the Program in accordance
with the Scope of Services contained in Engineer’s response to Town’s request for proposals,
as well as, all services necessary or incidental there to.
3. Performance. The Engineer shall furnish all equipment, staffing, and materials to accomplish
the Program in strict conformity with all applicable Federal, State, and local laws, each of
which is incorporated by reference.
4. Contract Term. The Engineer shall commence the Engineering Services in accordance with
the project schedule to be provided to Medfield Board of Water and Sewerage.
5. Payment for Work. The Engineer shall be paid progress payments based upon Engineer’s
schedule of hourly rates, Exhibit A attached hereto, for the following tasks: Task I for
$17,000.00 for preliminary design; Task 2 for $16,500.00 for project permitting and
approval; Task 3 for $37,000.00 for final design and Task 4 for $9,000.00 for bidding
services and assistance. Total of payments: $117,500.00. The Town will not pay for any
reimbursable expenses. The Town shall make payments within thirty (30) days after its
receipt. Any additional work must be approved in advance by the Medfield Board of Water
and Sewerage and will be based on the hourly rates for each employee slated to complete
tasks on behalf of the Engineer.
6. Indemnification of the Town. The Town’s liability hereunder shall be limited to the amounts
due the Engineer for services actually rendered. The Engineer shall defend, indemnify and
hold harmless the Town, its officers, boards, agents and employees to maximum extent
permitted by law from any liability loss, damage, cost, charge, or expense reSUlting from any
employees or third party engineer or supplier’s claim for payment for wages, labor, materials,
goods or services rendered to Engineer or from any claim for injury to person or property,
which may be made as a result of any act, omission or default on the part of the Engineer, or
any of its agents or employees and will pay promptly on demand all costs and expenses of the
investigation thereof, including attorney’s fees and expenses. If any such claim is made, the
Town may retain out of any payments, then or thereafter due to the Engineer a sufficient
amount to protect the Town against such claims, costs and expenses.
7. Engineer’s Standard of Care. The Engineer shall perform its services and obligations
hereunder in conformity with the standard of professional skill and care applicable to
established and experienced civil engineering firms. The Engineer warrants and represents
that it is familiar wiih all Federal and State statutes and regnlations,as well as industry
standards, governing design and construction of public water supply systems including water
storage tanks.
8. Engineer’s Personnel. The Engineer shall utilize only its employees identified in its Proposal
and shall not utilize any third-party engineers without prior written approval of the Town.
9. Insurance. The Engineer shall provide the following insurance policies. The Town will
require a Certificate of Insurance, indicating evidence of Professional Liability, General
. Liability, and Automobile Liability Coverage’s with minimum limits of $1 ,000,000.00. The
Town will require the Certificate oflnsurance to include naming the Town of Medfield as an
additional insured. In addition, the Town will require evidence of Worker’s Compensation
(per Statute).
10. Independent Contractor. The Engineer is an independent contractor and is not an agent or
employee of the Town and is not authorized to act on behalfofthe Town. The Town will not
withhold Federal, State or payroll taxes of any kind, on behalf of the Engineer or the employees
ofthe Engineer. The Engineer is not eligible for, and shall not participate in, any employee
pension, health or other fringe benefit plan of the Town.
11. Successors and Assigns. This Agreement is binding upon the parties hereto, their successors,
assigns and legal representatives. Neither the Town nor the Engineer shall assign or transfer
any interest in the Agreement without the written consent of the other.
12. Inspection and Reports. The Town shall have the right at any time to inspect the records of
the Engineer relative to the services provided to the Town pursuant to this Agreement. This
shall include the right to enter upon any property owned or occupied by the Engineer,
whether situated within or beyond the limits of the Town. Upon request the Engineer shall
2
immediately furnish to the Town any and all written reports relative to such services arising
out of its operations under this Contract during and/or after the termination of the contract.
13. Termination.
a. For Cause – The Town shall have the right to terminate this Agreement if (i) the Engineer’s
neglects or fails to perform or observe any of its obligations hereunder and a cure is not
effected by the Engineer within seven (7) days next following its receipt of a termination
notice issued by the Town, (ii) if an order is entered against the Engineer approving a
petition for an arrangement, liquidation, dissolution or similar relief relating to bankruptcy or
insolvency and such order remains unvacated for thirty (30) days; or (iii) immediately if the
Engineer shall file a voluntary petition in bankruptcy or any petition or answer seeking any
arrangement, liquidation or dissolution relating to bankruptcy, insolvency or other relieffor
debtors or shall seek or consent or acquiesce in appointment of any trustee, receiver or
liquidation of any ofthe Engineer’s property.
The Town shall pay all reasonable and supportable costs incurred prior to termination, which
payment shall not exceed the value of services provided.
b. For Convenience – The Town may terminate this Agreement at any time for any reason upon
submitting to the Engineer thirty (30) days priQr a written notice of its intention to terminate.
Upon receipt of such notice, the Engineer shall immediately cease to incur expenses
pursuant to this Agreement unless otherwise directed in the Town’s termination notice. The
Engineer shall promptly notify the Town of costs incurred to date of termination and the
Town shall pay all such reasonable and supportable costs which payment shall not exceed
the unpaid balance due on this Agreement.
c. Return of Property – Upon termination, the Engineer shall immediately return to the Town,
without limitation, all documents and items of any nature whatever, supplied to Engineer by
the Town or developed by the Engineer in accordance with this Agreement.
14. Notice. Any and all notices, or other communications required or permitted under this
Contract, shall be in writing and delivered by hand or mailed postage prepaid, return receipt
requested, be registered or certified mail or by other reputable delivery service, to the parties
at the address set forth on Page 1 or furnished from time to time in writing hereafter by one
party to the other party. Any such notice or correspondence shall be deemed given when so
delivered by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent by
private overnight or other delivery service.
15. Severability. If any term of this Contract or application thereof shall to any extent be held
invalid, illegal or unenforceable by the court of competent jurisdiction, legality, and
enforceability of the remaining terms and conditions ofthe Contract shall not be deemed
affected thereby unless one or both parties would be substantially or materially prejudiced.
16. Governing Law. The performance of this Contract shall be governed, construed and enforced
in accordance with the laws of the Commonwealth of Massachusetts. Claims and Disputes
and Resolution Procedure. Claims, disputes, or other matters in question with the Town and
Engineer or any other party claiming rights under this agreement relating to or arising from
the Project, the Work, or interpretation of any terms of the Contract or Contract Documents
shall be resolved only by a civil action commenced in the Commonwealth of Massachusetts
in either the Superior Court Department, Norfolk County, or the District Court Department,
3
..
Dedham Division, of Massachusetts Trial Court; in the alternative, private arbitration or
mediation may be employed ifthe parties mutually agree in writing to do so.
17. Entire Agreement. This Contract, including all documents incorporated herein by reference,
constitutes the entire integrated agreement between the parties with respect to the matters
described. This Contract supersedes all prior agreements; negotiations, either written or oral
and it shall not be modified or amended except by a written document executed by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day and year first
above written.
Environmental Partners Group, Inc.
~~ I
p~
By:
Title:
Town of Medfield, MA, by its
Board of Water and Sewerage
Approved as to Form:
Mark G. Cerel, Town Counsel
. Town of Medfield, MA, by its
Board of Selectmen
I certify that an appropriation is available in the
amount of the Contract.
Engineer expressly acknowledges requirement of paragraph 8 that it shall not utilize any third
party engineers without prior written approval of the Town.
Engineer’sEe: Environmental Partners Group, Inc.
By: , . ~ ~~ ..- ..
4
.. Exhibit A
Environmental ~ Par• tC::n:~H.re~_. . rUsP
A par~n .. r.hlp for lI”gln •• rlng sDlurton •.

=================================

November 5, 2013
Mr. Jeremy Marsette, Chairman
Town of Medfield
Board of Water and Sewerage
459 Main Street
Medfield, MA 02052

RE: Response to Request for Proposal- Water Storage Tank Replacement

Dear Mr. Marsette:

In response to the Request for Proposals, Environmental Partners Group, Inc. is pleased to submit our
Price Proposal for the for the water storage tank replacement project.
Proposed Fee Schedule
Environmental Partners proposes to perform the Proposed Scope of Services for all tasks previously
described for a fee of One Huudred Seventeen Thousand, Five Hundred Dollars ($117,500). A breakdown
of the fee by tasks is presented in the table below. The fee includes four (4) progress meetings. Our
proposed hourly rates are included on page 2.
Task 2:
Task 3: Final
• Surveyor = $15,000
Driller = $11,500
Wetlands Scientist = $2,500
Hyannis;
120
220
396 North Street, Hyannis, MA 02601 1900 Crown Colony Drive, Suite 402, Quincy, MA 02169 18 Commerce Way, Suite 2000, Woburn, MA 01801
TlS08.568.5103 • FX 508.568.5125
Headquarters: )1 Woburn:
TL 617.657.0200 • FX 617.657.0201 TL 781.281.2542 • FX 781.281.2543
http://www.envpartners.com
• ••
Mr. Marsette, Chairman
November 5, 2013
Principal
Project Manager
Hourly Rates
Sr. Project Engineer/Scientist/Hydrogeologist
Project Engineer/Scientist/Hydrologist
Engineer
Clerical

Page 2
$180
$160
$140
$110
$80
$65
We are excited with the prospect of working with you on this important assigmnent, and look forward to
discussing our scope of work and approach with you in detail. Our proposed scope of services and fee
schedule can be negotiated and revised to fit the Town’s current and mture needs. Please feel free to
contact me at (617) 657-0200 or pfg@envoartners.com with any questions or concerns.
Very truly yours,
ENVIRONMENTAL PARTNERS GROUP, INC.
Paul F. Gabriel, P .E., LSP
President
Environmental ~ Partners ______ ~ ________ , ~_a·>:(J\_’I>

===========================

Board of Selectmen
459 Main Street
Medfield, MA 02052
508.359.8505
eclarke@medfield.net
December 10, 2013
To the Board of Selectmen,
Ann E. Krawec
Kingsbury Pond Committee
402 Main Street
Medfield, MA 02052

On behalf of the Kingsbury Pond Committee,1 am writing to respectfully request
theappointment of additional members to Medfield’s Kingsbury Pond Committee at your next
scheduled meeting of the Board of Selectmen. Medfield residents and active volunteers to our effort,
Michael Thompson, Paul Trumbour and Sharon Judge have been invaluable contributors to the mill with
their time and expertise and have recently expressed their wishes to become permanent members of
the Committee. We endorse their appointment without reservation, and hope you will support them
with your vote of approval.

Thank you for your ongoing support and appreCiation of our improvements at the mill, and don’t
miss the recently illuminated wheel, and holiday decor. Our wishes to all for a wonderful holiday season!

Sincerely,
Ann Krawec
Richard (Dick) Judge-Kingsbury Pond Committee Chair
George Dealy
Garrett Graham
Andy Spencer
Greg Testa

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