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HomeMy WebLinkAboutCons Fund Request 6.16.2026 TOWN OF YARMOUTH Administration DEPARTMENT OF PUBLIC WORKS Engineering 74 Town Brook Road, West Yarmouth, MA 02673 Facilities & Grounds Telephone (508) 398-2231 ext. 1250 Fax (508) 771-7998 Highway Waste Management Water June 16, 2026 Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: Conservation Funds Request Upper Bass River Restoration- Consultant Fee Request Dear Conservation Commission: Department of Public Works- Engineering Division is requesting funds to bridge a funding gap to continue the permitting schedule related to the Upper Bass River Restoration project in the amount of $36,500 in consulting fees from Stephen Stimson Associates, Landscape Architects, Inc (Stimson). The Town of Yarmouth with its partners have received over $9 million dollars from state and federal funds to transition to construction of the Upper Bass River Restoration project. Previously, Friends of Bass River received Community Preservation and other funds to aid towards the design and permitting for the project. Weir Road culvert replacement and cranberry restoration was presented in front of the board in February 2026. Upon completion of review of that NOI submission internally with Yarmouth Town staff, staff concluded the maintenance of the proposed footbridges and boardwalks would be challenging. Yarmouth Town staff visited two recently completed projects with the Harwich Conservation Trust, had thorough discussions with their staff on what would be a more practical approach and concluded a simpler design would be desirable. However, none of the funding partners are able to cover this scope request. We requested this revised scope from Stimson as attached. Thank you for the consideration on this matter. Sincerely, Amanda Lima, P.E. Town of Yarmouth Department of Public Works Town Engineer Cc: Brittany DiRienzo, Conservation Administrator Enclosure: Letter from Stephen Stimson Associates, Landscape Architects, Inc dated March 20, 2026 STEPHEN STIMSON ASSOCIATES, LANDSCAPE ARCHITECT S, INC. 71 GATES ROAD PRINCETON, MA 01541 T 978 464 5200 288 NORFOLK STREET CAMBRIDGE, MA 02139 T 617 876 8960 March 20, 2026 Nathan L. Whetten, P.E., C.G. Town of Yarmouth DPW – Senior Project Manager 74 Town Brook Road West Yarmouth, MA 02673 Dear Nathan, I’m pleased to submit our scope and fee for the remainder of services required to bring the Bass River Crossings through construction documentation for bidding. Under the original authorized scope, STIMSON was engaged by the Friends of Bass River to design and permit two (2) pedestrian crossings. At the town’s request, an additional crossing has since been introduced on the southwest side of Weir Road, increasing the total number of crossings to three (3). Following approval of the Concept Design by the Friends of Bass River and initial Notice of Intent (NOI) submission, the pedestrian crossing design has evolved from the previously approved concept. These revisions impact the configuration, documentation, and coordination of the proposed crossings. As a result of these design changes, all three crossings will require revision and coordination to reflect the updated approach. This includes updates to the in-progress Chapter 91 documentation, preparation of a revised NOI submission, and advancement of the design through Construction Documents suitable for bidding. The project team has also requested a preliminary cost estimate for the revised crossing layouts to support ongoing funding a nd planning discussions. In addition, STIMSON will participate in monthly coordination meetings to support continued progress on design, permitting, and funding alignment. Within this proposal, you will find several components that I’d like to explain here. EXHIBIT A Proposal for Landscape Architecture Services (scope of work, schedule, compensation, etc.) EXHIBIT B Agreement for Landscape Architecture Services (the legal agreement) EXHIBIT C Schedule of Hourly Rates (the basis of our fees) Standard Terms & Conditions Supplemental language Please review these documents and certainly send through any questions or comments. We look forward to working with you on this project. Please let us know should you have any questions regarding this proposal. Sincerely, Joseph Wahler, ASLA Principal STIMSON STIMSON | Proposal for Landscape Architecture Basic Services Page 2 EXHIBIT A: PROPOSAL FOR LANDSCAPE ARCHITECTURE SERVICES Date: March 20, 2026 Project Name: Bass River Headwaters Pedestrian Crossings PROJECT UNDERSTANDING We are pleased to submit this proposal to you for continued work on the Bass River Headwaters Pedestrian crossings, STIMSON understands the remaining scope of work to consist of the following: 1. Preliminary Construction Cost Estimate 2. Monthly Coordination Meetings (1 Year) 3. Revised Design for (3) Crossings for Chapter 91, NOI Submission and Construction Documents suitable for bidding. SCOPE OF WORK 1. PRELIMINARY COST ESTIMATING STIMSON will prepare a revised preliminary cost estimate for the most recent pedestrian crossing layouts. This estimate will be suitable for review by the Town and use in funding applications and coordination discussions. No construction drawings or specifications are included under this task. 2. MONTHLY COORDINATION MEETINGS STIMSON will participate in monthly coordination meetings with the Town and project team to support ongoing funding, permitting, and project planning efforts. This scope includes: • Attendance at up to twelve (12) monthly meetings • Meeting preparation and coordination • Meeting notes and minutes • Follow-up coordination related to meeting discussions 3. CROSSING DESIGN AND DOCUMENTATION STIMSON will revise and advance the design of three (3) pedestrian crossings to reflect the updated design direction, including revisions to the additional crossing on the southwest side of the Weir Road. This scope includes: • Revisions to the layout, grading, and details for three (3) pedestrian crossings • Preparation of a revised Notice of Intent (NOI) submission to reflect the updated crossing configurations • Revisions to in-progress Chapter 91 permitting documentation to reflect the updated crossing configurations • Coordination with project consultants as required to integrate the revised design • Preparation of complete Construction Documents and narrative specifications suitable for bidding for three (3) revised crossings STIMSON STIMSON | Proposal for Landscape Architecture Basic Services Page 3 SCHEDULE The anticipated schedule for completion of design and construction is as follows: 1. Monthly Coordination Meetings: 9 Months 2. Preliminary Cost Estimate 2 Weeks 3. Crossing Design and Documentation 3 Months COMPENSATION In compensation for Basic Services listed above the agrees to compensate the Landscape Architect on a lump sum basis, according to the following schedule of fees: 1. Monthly Coordination Meetings: $5,500 2. Preliminary Cost Estimate $2,500 3. Crossing Design and Documentation $28,500 Total Compensation: $36,500 PERMITTING STIMSON understands that review and approval of the design by local Design Review, Historic District, Community Associations or other entities in addition to what is listed in the above services may be required throughout the design process to support the timely completion of the project. Work by STIMSON specific to these efforts at any phase of work that may be additional to the scope of work outlined above, is not included in this contract. Upo n written request, STIMSON can assist by preparing drawings and illustrations for presentation to the pertinent authorities, attending meetings on the project's behalf, or other necessary activity. Fees for this work will be billed hourly at the rates listed in Exhibit C. If the scope of work, fees and conditions described in this proposal are agreeable, please review and return a signed copy of the EXHIBIT B Agreement to our studio . STIMSON STIMSON | Proposal for Landscape Architecture Basic Services Page 4 EXHIBIT B: AGREEMENT FOR LANDSCAPE ARCHITECTURE SERVICES March 20, 2026 Nathan L. Whetten, P.E., C.G. Town of Yarmouth DPW – Senior Project Manager 74 Town Brook Road West Yarmouth, MA 02673 Dear Nathan, This letter shall confirm our understanding and constitute our agreement (“Agreement”) that Stephen Stimson Associates, Landscape Architects, 71 Gates Road, Princeton, Massachusetts 01541 (“STIMSON”) shall furnish to Town of Yarmouth (“Client”) for the Bass River Headwaters Restoration Project professional services (“Services”) as described below in connection with the project referred to above (“Project”). Further, the provisions set forth in STIMSON’s Standard Terms and Conditions (“Terms and Conditions”) are attached to this Agreement, incorporated into it by reference, and made as fully a part of this Agreement as if completely set forth in it. 1. SERVICES 1.1 STIMSON shall perform the Services described in the attached Statement of Services. Such Statement of Services is marked Exhibit A and is incorporated into this Agreement by reference and made as fully a part of this Agreement as if completely set forth in it. 1.2 If any Services beyond Basic Services are required due to circumstances beyond STIMSON’s control, STIMSON shall notify the Client prior to commencing such Services. STIMSON will provide an Additional Services Proposal for the Client’s review and approval prior to commencing additional work. 1.3 STIMSON shall perform the Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services. 2. COMPENSATION 2.1 The Client shall make an initial payment of $5,000 upon execution of this Agreement. 2.2 For all phases of work, including administration and project management, the client shall compensate STIMSON on a lump sum basis, the amount of Thirty Six Thousand Five Hundred Dollars ($36,500) 2.3 The Client shall compensate STIMSON for the cost of consultants employed by STIMSON in conjunction with the Services at a multiple of One and Twelve Hundredths (1.12) times the amount billed to STIMSON by each such consultant. 2.4 If the scope of Basic Services is changed materially, the upset limit of compensation, if any, shall be equitably adjusted. STIMSON STIMSON | Proposal for Landscape Architecture Basic Services Page 5 3. REIMBURSABLE EXPENSES The Client shall reimburse STIMSON for the expenses listed as Reimbursable Expenses in Paragraph 4 of the Terms and Conditions at a multiple of One and One Tenth (1.1) times the amounts expended by STIMSON and STIMSON’s employees in conjunction with the Services. 4. INVOICING STIMSON shall submit to the Client its invoices for Services and Reimbursable Expenses monthly on account of the Services performed and Reimbursable Expenses incurred, if any. 5. PAYMENTS 5.1 The Client shall pay STIMSON for Services and Reimbursable Expenses within fifteen (15) days after the Client receives STIMSON’s invoice for Services rendered and Reimbursable Expenses incurred. Payments are to be made directly to Stephen Stimson Associates, Landscape Architects, 71 Gates Road, Princeton, MA 01541. 5.2 Payments due and unpaid by the Client under this Agreement shall be subject to a service charge from the date due at the rate of One and One-Half Percent (1.5%) per month until paid. Your signature below indicates that you have received this Agreement with Exhibit A, Proposal for Landscape Architecture Services, Exhibit C, Schedule of Hourly Rates, and the Terms and Conditions attached. Your signature also indicates that you understand and accept, and intend to be bound by, their provisions. In witness of the making and execution of this Agreement as of the date of this letter, please sign both copies of this Agreement in the space provided below and return one signed copy for our files. Accepted by: Joseph Wahler , Principal, ASLA Nathan Whetten STIMSON Town of Yarmouth DPW By: ____________________________________ By: ________________________________ Date: ____________________________________ Date: ________________________________ STIMSON STIMSON | Proposal for Landscape Architecture Basic Services Page 6 EXHIBIT C: SCHEDULE OF HOURLY RATES Services will be based upon the following hourly rate schedule: Principal $275 - $350 per hour Director $200 per hour Senior Associate $175 per hour Associate $150 per hour Landscape Architect $125 - $135 per hour Landscape Designer $115 - $125 per hour Hourly rates will be reviewed periodically and may be adjusted due to staff promotions and cost of living increases, provided, however, that such adjustment will not occur more than once annually. Travel time will be billed at the rates described above for travel between Princeton and/or Cambridge and the project or meeting site. STEPHEN STIMSON ASSOCIATES, LANDSCAPE ARCHITECTS, INC. STANDARD TERMS AND CONDITIONS STIMSON | Proposal for Landscape Architecture Basic Services Page 7 1. The Client’s Responsibilities 1.1 The Client shall provide full information regarding the requirements for the Project; and shall provide boundary and topographical surveys and geotechnical investigations and reports and other reports on site conditions, if requested by STIMSON. If the Project involves changes to an existing facility, the Client shall furnish accurate and complete information describing the existing conditions at the facility. STIMSON shall be entitled reasonably to rely upon the accuracy and completeness of the information provided in accordance with this Paragraph and shall not be required to perform or have others perform destructive testing or to investigate concealed or unknown conditions in existing structures. 1.2 The Client shall furnish required information and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Services. 1.3 The Client shall designate a representative authorized to act in the Client’s behalf with respect to the Project. The Client or such authorized representative shall examine the documents submitted by STIMSON and shall render decisions pertaining thereto promptly, to avoid delay in the progress of the Services. 1.4 The Client shall provide for STIMSON’s right to enter from time to time, property owned by the Client and/or others so STIMSON may perform the Services. 1.5 The Client shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project. 1.6 The Client shall furnish tests, inspections and reports required by law or the Construction Contract Documents including, but not limited to, tests for air and water pollution, and tests for hazardous materials. 1.7 If the Client observes or otherwise actually becomes aware of any fault or defect, or suspected fault or defect, in the Project or the Services, prompt written notice thereof shall be given by the Client to STIMSON. 2. Confidentiality STIMSON agrees to keep confidential and not to disclose to any person or entity, other than STIMSON’s employees and consultants, without proper consent of the Client, all data and information not previously known to and generated by STIMSON, or furnished to STIMSON and marked “CONFIDENTIAL” by the Client in the course of STIMSON’s performance of Services under the Agreement. These provisions shall not be interpreted to, in any way, restrict STIMSON from complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. 3. Payments to STIMSON 3.1 The initial payment set forth in the Agreement, if any, is the minimum payment under the Agreement. It shall be credited to the last payment to become due on the Client’s account. 3.2 If the Client disputes, in good faith, all or any portion of any statement from STIMSON for Services or Reimbursable Expenses, the Client shall notify STIMSON in writing within seven (7) days of receipt of the disputed statement, describing the nature of the dispute and including a reasonably detailed explanation of the reason for the dispute. The Client and STIMSON will attempt in good faith to resolve such disputes, if any. Amounts which are not in dispute shall be due and payable as provided in the Agreement. 3.3 Timely payments of amounts due for Services and Reimbursable Expenses shall constitute a condition precedent to STIMSON’s continued performance of its obligations under the Agreement. If STIMSON so chooses, STIMSON may treat a failure of the Client to make timely payments to STIMSON as a suspension by the Client of STIMSON’s Services. STIMSON shall notify the Client in writing if STIMSON chooses to treat late payments in the manner described herein. 4. Reimbursable Expenses 4.1 Reimbursable Expenses are in addition to STIMSON’s compensation for Services and include actual expenditures made by STIMSON and STIMSON’s employees in conjunction with the Services, for the expenses listed in the following Subparagraphs: 4.1.1 Expenses of transportation in connection with the Services (at the applicable IRS rate per mile for private automobile use); long distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 4.1.2 For portal to portal travel including meeting/site visit time over twenty-five (25) miles from the Cambridge or Princeton studio to and from Project sites (and for additional travel related to the Project in excess of 25 miles from either studio), a per diem allowance for meals will be billed to the Client. For half day travel (4.5 hours), one meal within that time of day will be billed. For overnight travel, three meals ($65/day) will be billed. Per Diem Rates: Breakfast: $15 Lunch: $25 Dinner: $30 Total Per Diem $70 4.1.3 Hotels and airfare associated with project travel will be billed as actual expenses. 4.1.4 Expense of reproductions, postage, and handling of documents. 4.1.5 Expense of data processing and photographic productions techniques. 4.1.6 Expense of renderings, models, and mock-ups requested by the Client. 4.1.7 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Client in excess of that normally carried by STIMSON. 5. Construction Cost Evaluations of construction costs, if any, prepared by STIMSON, represent STIMSON’s best judgment as a landscape architect familiar with the construction industry. The Client recognizes, however, that neither STIMSON nor the Client has control over the cost of labor, materials or equipment, over contractors’ methods of determining prices or over competitive bidding, market, or negotiation conditions. Accordingly, STIMSON does not warrant or represent that actual construction costs will not vary from an evaluation or cost estimate, if any, prepared by STIMSON. 6. Termination or Suspension of the Agreement 6.1 The Agreement may be terminated by either party upon written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 6.2 If the Client suspends the Services for more than three months, STIMSON may at any time thereafter terminate the Agreement in accordance with Paragraph 6.1; the suspension in excess of three months constituting a failure substantially to perform by the Client. 7. Ownership and Use of Documents All documents produced by STIMSON under the Agreement are instruments of service and STIMSON shall be considered their author and shall own and retain the copyright in them. The Client shall be entitled to own a copy of such documents and shall have a non-exclusive license to use, copy and reproduce them. Such license shall not be transferable except with STIMSON’s written consent, and shall be irrevocable upon payment in full of all amounts due to STIMSON under the Agreement. STIMSON shall not be responsible for changes made in such documents by anyone other than STIMSON. The Client shall defend, indemnify and hold STIMSON harmless against all claims and liability arising out of such changes or uses by the Client in violation of the terms of the Agreement. 8. Dispute Resolution 8.1 Mediation 8.1.1 All claims, disputes and other matters in question between the parties to the Agreement, arising out of or relating to the Agreement or the breach thereof shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. STEPHEN STIMSON ASSOCIATES, LANDSCAPE ARCHITECTS, INC. STANDARD TERMS AND CONDITIONS STIMSON | Proposal for Landscape Architecture Basic Services Page 8 8.1.2 The Client and STIMSON shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless otherwise mutually agreed upon by the parties shall be in accordance with the Construction Industry Mediation Procedures of the American Arbitration Association then in effect. The request for mediation shall be filed in writing with the other party to the Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 8.1.3 Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be conducted in Boston, Massachusetts, unless the parties mutually agree otherwise. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 8.2 Arbitration 8.2.1 All claims, disputes and other matters in question between the parties to the Agreement, arising out of or relating to the Agreement or the breach thereof, shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation I accordance with Paragraph 9.1. 8.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. All arbitration hearings shall be conducted in Boston, Massachusetts, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. 8.2.3 Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 8.4 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 9. Miscellaneous Provisions 9.1 Unless otherwise specified, the Agreement shall be governed by the law of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. 9.2 The person(s) signing the Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute the Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein. 9.3 STIMSON assumes no duty or responsibility under the Agreement which may be construed as being for the benefit of, and thereby enforceable by, anyone other than the Client. 9.4 To the extent damages are covered and paid by property insurance during construction, the Client and STIMSON will waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages. The Client and STIMSON, respectively, shall require of their contractors, consultants, agents and employees, similar waivers in favor of the other parties enumerated herein. 10. Successors and Assigns The Client and STIMSON, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to the Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of the Agreement. Neither the Client nor STIMSON shall assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 11. Severability of Provisions In the event that any term or provisions of the Agreement or these Terms and Conditions is deemed by a court of competent jurisdiction to be overly broad in scope, duration or area of applicability, that court shall have the power and is hereby authorized and directed to limit such scope, duration or area of applicability, or all of them, so that such term or provision is no longer overly broad, and to enforce the same as so limited. Subject to the foregoing sentence, in the event any provision of the Agreement or these Terms and Conditions is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or render invalid or unenforceable any other provision of the Agreement or these Terms and Conditions. 12. Extent of Agreement The Agreement and these Terms and Conditions represent the entire and integrated agreement between the Client and STIMSON and supersede all prior negotiations, representations, or agreements, either written or oral, with regard to their subject matter. The Agreement and these Terms and Conditions may be amended only by written instrument signed by both the Client and STIMSON. 13. Limitation of Liability 13.1 The Client and STIMSON intend that the Services in connection with the Project shall not subject STIMSON’s individual employees, directors, officers or shareholders to any personal legal exposure for the risks associated with the Project. Therefore, and not withstanding anything to the contrary contained in the Agreement or these Terms and Conditions, the Client agrees that, as the Client’s sole and exclusive remedy, all claims, demands, and suits shall be directed and/or asserted only against STIMSON, a Massachusetts Limited Liability Company, and not against any of STIMSON’s employees, officers or members. 13.2 If the Client does not engage STIMSON to provide Services during the construction phase of the Project, then STIMSON shall not be responsible for 1) changes, if any, made by others in documents furnished by STIMSON under the Agreement; 2) components of the Project, if any, for which Shop Drawings, Product Data or Samples are required; 3) the failure of any construction contractor to construct the Project in accordance with documents furnished by STIMSON; and 4) errors or omissions, if any, by STIMSON which it is reasonable to assume would have been noticed and corrected by STIMSON had STIMSON been engaged to perform construction phase Services. The Client hereby agrees to release, defend, indemnify and hold STIMSON harmless from and against all claims and liability arising out of or alleged to have arisen out of those matters which are stated in the foregoing sentence to be outside STIMSON’s responsibilities. 13.3 Unless otherwise provided in the Agreement, STIMSON and STIMSON’s consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 13.4 The Client understands and acknowledges that STIMSON and STIMSON’s consultants have no authority over, or responsibility for, the means, methods, techniques, sequences or procedures of construction selected by the construction contractor(s) or for the failure, if any, of any construction contractor to comply with the laws, rules, regulations, ordinances, codes and/or orders applicable to the construction work performed by such contractor(s). Similarly, neither STIMSON nor STIMSON’s consultants are in control of or responsible for the adequacy and execution of safety measures at or about the construction of the Project. 13.5 The Client and STIMSON have discussed the Client’s risks, rewards and benefits associated with the Services and STIMSON’s risks and total compensation for Services. The Client and STIMSON have allocated the risks such that the Client hereby agrees that, to the fullest extent permitted by law, STIMSON’s total liability to the Client and all others for any and all injuries, claims, losses, costs, expenses, damages (including consequential damages), or claim expenses arising out of the Agreement or its breach, from any cause or causes shall not exceed the total amount payable under STIMSON’s Professional Liability Insurance and other applicable insurance, if any. Such causes include, but are not limited to, STIMSON’s negligence, errors, omissions, strict liability, breach of contract, and breach of warranty.