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HomeMy WebLinkAboutContract #: 1017 - From: 10-18-2017 To: 06-30-2018 - McBrie LLC - Town of North AndoverTOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # jQ1 :1 DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: McBrie, LLC Address: 160 Sylvan Street Danvers, MA 01923 Telephone Number: 978-646-0097 Fax Number: 978-646-0087 1. This is a Contract for the procurement of the following: Structural engineering services for the North Andover Middle School brick favade per the proposal dated September 20, 2017 (attached) 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Phase One $ 5,900.00 Phase Two $ 10,500.00 3. Payment will be made as follows: Upon receipt of monthly invoice (based upon hours worked), net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described deliverables or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of deliverables and certification of acceptable performance for services by authorized representatives of the Town to insure that the deliverables or services are complete and are as specified in the Contract. (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 1 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, Request for Qualifications, Scope of Services, and all Addenda. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of this Contract is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies, Materials or other Deliverables. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before June 30, 2018, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 2 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination: a. Without Cause. The Town may terminate this Contract on seven (7) calendar days' notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. b. For Cause. If the Contractor is determined by the Town to be in default of any term or condition of Contract, the Town may terminate this Contract on seven (7) days' notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. C. Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of federal and/or state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all (Rev 20 10) Contract by and between the Town of North Andover and McBrie, LLC Page 3 actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. General Laws Chapter 7, Sections 38A % - O: Designer Selection 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and Towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any (Rev 20 10) Contract by and between the Town of North Andover and McBrie, LLC Page 4 violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 10.5 If changes in the law occur during the term of the contract which require a change in the scope of services, the parties may negotiate an amendment to the Contract in accordance with the provisions of Supplement "E". 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceabilit Against the Town: This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 5 instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 6 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. A hard copy and an electronic copy (if requested by the Town) of Contractor's drawings, plans, specifications and other similar documents, whether in written, graphic or electronic form, shall be delivered to the Town. If there is a discrepancy between the electronic files and the hard copies, the hard copies shall govern. The Town shall have unlimited rights, for the benefit of the Town, in all drawings, designs, specifications, notes and other work developed in the performance of this contract including the right to use same on any other Town projects without additional cost to the Town; and with respect thereto the Contractor agrees and hereby grants to the Town an irrevocable royalty -free license to all such data which the Contractor may cover by copyright and to all designs as to which it may assert any rights or establish any claim under any patent or copyright laws. The Contractor shall not be responsible for changes made in the documents by others without the Contractor's authorization, nor for the Town's use of the document on projects other than the project which is the subject of this Contract, unless this is a contract for design services for a master plan or prototype. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 7 To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 8 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of: [ X ] ENGINEERING/DESIGN SUPPLEMENT "E" — Applicable to Contracts for Professional Engineering Services (Rev 20 10) Contract by and between the Town of North Andover and McBrie, LLC Page 9 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Di��epartment Hedir old To anager Date APPROVED AS TO FORM: THE CONTRACTOR mel.\C- , �-UL Company Name Signature Date to \^) Print Name & Title Federal Identification No. Q%—\ - :5S \\`D13 / 6 /e / 7 own Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: I O -N -J , X 5 4 )�4 e 11) 1177 c Town countant e Date (Rev 2010) Contract by and between the Town of North Andover and McBrie, LLC Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and McBrie, LLC, which Contract is a contract for the procurement of engineering services. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 2. Contract Amendments: Any change in the scope of services or contract price shall be made only by a written contract amendment executed by the Town and the Contractor. 3. Minimum Wage: The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, § 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 4. Insurance: The Contractor shall obtain and maintain the following insurance: 4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 4.2 Broad Form commercial general liability insurance with limits of at least $1 Million per occurrence and $2 Million aggregate, or such other amount as the Town may require, and which shall cover bodily injury, death, or property damage arising out of the work. 4.3 Automobile Liability Insurance, including coverage for owned, hired or borrowed vehicles with limits of at least $1M each person/each occurrence or a combined single limit of $1 Million. 4.4 Professional liability insurance covering errors, omissions and acts of the Contractor or of any person or business entity for whose performance the Contractor is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal one million dollars or such larger amounts as the Town may require for the applicable period of limitations. The Contractor shall obtain such insurance coverage at its own expense and provide certificates of insurance to the Town prior to the execution of the Contract. 4.5 The intent of the Contract provisions regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. (Rev 20 10) Contract by and between the Town of North Andover and McBrie, LLC Page 11 4.6 All required insurance shall be certified by a duly authorized representative of the insurers on the "MITA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this Agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this agreement. 4.7 The Town shall be named as an additional insured on the above- referenced liability policies and the Contractor's insurance coverage shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 5. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. APPROVED AS TO FORM ONLY: /Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No � h � J � 0 " ) r,& d Town A countant Town Manager THE CONTRACTOR: (Rev 20 10) Contract by and between the Town of North Andover and McBrie, LLC Page 12 160 Sylvan Street Danvers, MA 01923 September 20, 2017 Mr. Stephen E. Foster Facilities Director Town of North Andover, MA 120 Main Street North Andover, MA 01845 Structural Design & Sales www.mc'brie.com PROPOSAL Telephone: 978-646-0097 Fax: 978-646-0087 RE: STRUCTURAL SERVICES — INSPECTION AND REPORT SERVICES Middle School Brick Fagade — Phase I — Repair & Phase II - Study North Andover, MA Dear Mr. Foster: The following is our proposal for the above referenced project based upon our site visit on September 1, 2017. Phase One — FaVade Repair McBrie, LLC shall provide the following Phase I scope of work for structural engineering services: 1. Initial site inspection by McBrie, LLC to review area where fagade has deteriorated and started to come down (completed September 01, 2017); 2. Site inspection performed by a Registered Architect from Gray Architects, Inc. to gather pertinent structural/architectural information and determine the extent of the fagade that needs to be removed/repaired; 3. Develop details, plans and elevations for fagade renovations; 4. Perform site inspections as required to monitor the repair work; McBrie LLC's fee for the above Phase I scope of work shall be $5,900.00 (Five Thousand Nine Hundred dollars). The above fee will be billed monthly based upon hours worked. We have included our Professional Structural Engineering Rate Schedule 2017 with the mailing of this proposal. Please note that if this project isn't completed within the current calendar year our prices are subject to change each January. Page I of 2 160 Sylvan Street ' R�, f�,,'� j Telephone: 978-646-0097 Danvers, MA 01923 Structural Design & Sales - Fax: 978-646-0087 wwwmcbrie.com McBrie, LLC shall provide the following Phase II scope of work for structural engineering services: 1. Initial site inspection to gather pertinent structural information including review of the existing fagade and the condition of the existing structural framing that supports the existing brick fagade the Middle School; • This includes a site visit from a Registered Architect from Gray Architects, Inc.; 2. Provide a report for the Middle School that will detail our review of the existing fagade and provide a written description of recommendations for repair; 3. Develop sketches/plans and elevations of deteriorated masonry areas in need of demolition, replacement and/or repair; 4. Prepare a cost estimate range for necessary repairs. McBrie LLC's fee for the above Phase H scope of work shall be $10,500.00 (Ten Thousand Five Hundred dollars). The above fee will be billed monthly based upon hours worked. We have included our Professional Structural Engineering Rate Schedule 2017 with the mailing of this proposal. Please note that if this project isn't completed within the current calendar year our prices are subject to change each January. Please note that we will provide a proposal to develop construction drawings after we have provided the Town with our report detailing the findings of our site inspection. Items not included are as follows: 1. Design review meetings; 2. Demolition of existing facade to review the current method of tying back of brick fagade to main structure; 3. Construction drawings as required for repairs to be completed based on site inspection and report for Phase II; 4. Construction Control Services for Phase II; 5. Additions to the current scope of work outlined above or changes during construction; 6. Any direct expenses for copying and/or requested overnight mailings. We thank you for this opportunity to offer you our services. If you approve of this proposal as noted above, the attached professional structural engineering rate schedule and Appendix A: General Terms and Conditions which are considered part of this proposal please fax a copy with your signature to our office at (978) 646-0087. This proposal must be signed and returned to us within 15 days or we have the right to rescind the proposal. Accepted by: Date: Michael Perham, P.E. Managing Member Enclosures: Professional Structural Engineering Rate Schedule 2017 and Appendix A: General Terms and Conditions Page 2 of 2 160 Sylvan Street ,�` /�j�,,'- Telephone: 978-646-0097 Danvers, MA 01923 Structural Design & Sales Fax: 978-646-0087 wwwmcbde.com Professional Structural Engineering Rate Schedule 2017 Professional Design Services Including Proiect Design Meetings Professional Engineer $120/hr Project Engineer (Design/Drafting) $95/hr Drafter, non -engineer $65/hr Construction Services Shop Drawing Review Shop Drawing Review - Professional Engineer $120/hr Shop Drawing Review - Project Engineer $90/hr Shop Drawing Review — Drafter $60/hr Observations and Construction Control Associated Work Site Observations - Professional Engineer $120/hr Site Observations - Project Engineer $95/hr Site Observations - Drafter $60/hr Inspection Reports Professional Engineer $120/hr Project Engineer $95/hr Drafter $60/hr * * *Inspections and reports for insurance claims are billed at $150 per hour* * * Mark-up of Structural Drawings provided by Client Professional Engineer $120/hr Project Engineer $90/hr Drafter $60/hr Minimum Flat Rate for Home/Commercial Inspections Home/Commercial Inspection (No written report) $350/visit Home/Commercial Inspection & Report $750/inspection & report within a ten mile radius * * * Inspections and reports for insurance claims are billed at $150 per hour* * * Miscellaneous Mileage * $ 0.535 mile *Rates and mileage charges are assessed portal to portal from the departure location of Danvers, MA and are based on the current standard mileage allowance per the IRS Prints - 3 sets of prints are provided at no additional cost. If additional copies are required, they shall be billed as follows, in addition to the above noted wage rates to prepare the prints: Prints/copies - 24"x36" Sheet $1.00/sheet Prints/copies - 12"x18" Sheet $0.50/sheet Page 1 of 2 160 Sylvan Street Telephone: 978-646-0097 Danvers, MA 01923 StructuralDesign &Sales Fax: 978-646-0087 wwwmcbrie.com Notes on Services Provided: McBrie, LLC - Structural Engineer of Record (SER) When McBrie, LLC provides design and drafting of structural contract documents, McBrie, LLC will provide drawings stamped by a registered professional structural engineer. We shall provide (for commercial projects) a schedule of structural inspections that must be completed under our direction/supervision per chapter 17 of the MSBC. Upon completion of the structural inspections, McBrie, LLC will provide final inspection affidavit as the SER. Structural Construction ControHnspections - SER Please note that Chapter 17 of the 7th edition of the Massachusetts State Building Code requires on-site inspections by the SER and/or the independent testing agencies during all soil filling operations, pile driving, concrete placement, masonry installation, structural steel fabrication/inspection and timber construction. Inspections are required unless specifically waived by the city's building inspector. These inspections are much more detailed and time consuming then the inspection requirements of prior editions of the building code (i.e., Section 116.0, Construction Control). Structural Design Mark-ups Mark-ups of Contract Documents provided by the client: McBrie, LLC will not assume responsibility as the SER unless we are retained to review the entire project documents and to perform construction inspections (which will be billed at our hourly rates). Page 2 of 2 160 Sylvan Street Danvers, MA 01923 October 1.6, 2017 Mr. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Structural Design & Sales www.mcbrie.com RE: CERTIFICATE OF VOTE McBrie, LLC Project #17-241 Project 417-241 Telephone: 978-646-0097 Fax: 978-646-0087 Dear Mr. Santilli: We didn't fill out the attached certificate of vote because we don't have a board of directors or a clerk. at McBrie, LLC. We are a limited liability corporation and have two managing members.. Please do not hesitate to contact our office if you require additional information. Sincerely, Michael Oerham, PE Structural Engineer / Managing Member 17-241 re certificate of vote.doc Page 1 of 1 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon 1 hereby certify that I am the cleric of the above named and that is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) Certification of the Corporate Clerk (Clerk) CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person' shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature i�._- _..-.,-, Date C CAC rY-),�(' (A�c� Print Name & Title Company Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I �� C: .1i_f'o• ,authorized signatory for �{l`1L_j�,L Name of individual Name of'contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts; and the Town of North Andover, relating to taxes, permit or other .fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date A`oRV CERTIFICATE OF LIABILITY INSURANCE TE DA 09/22/2017) THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephen Duffy, Sr NAME: Duffy Insurance Agency PHONE (761)593-1200 FAX (781)593-7260 A/C No Ext :(Al No 317 Broadway E-MAIL steve@duffyins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Wyoma Square INSURERA: James River Insurance Company- ;103 Lynn MA 01904-2602 INSURED INSURER B: Arbella Protection Insurance 41360 McBrie LLC INSURER C : Evanston Insurance Company ✓ "3 i 3 INSURER D: Associated Employers Insurance �/ O 1/ 160 Sylvan Street INSURER E: Lloyds of London INSURER F: Danvers MA 01923 COVERAGES CERTIFICATE NUMBER: CL1792203325 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DDMYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Fx_� OCCUR PREMISES (EaEoccurrence) $ 50,000 MED EXP (Any one person) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 A 00045529-6 11/01/2016 11/01/2017 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ JET LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY Gt')MBMIED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO B OWNED XSCHEDULED AUTOS ONLY AUTOS 1020048948 11/18/2016 11/18/2017 BODILY INJURY (Per accident) $ ROPERTY DAMAGE $ er accident X HIRED NON -OWNED AUTOS ONLY /� AUTOS ONLY FLnderinsured motorist BI $ 250,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 C X EXCESS LIAB CLAIMS -MADE MKLV2EUL101016 02/02/2017 11/01/2017 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBMBER EXCLUDED? (Mandatory in NH) N/A WCC5005009555-2016A 11/01/2016 11/01/2017 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 E Professional Liability 00215456A 11/01/2016 11/01/2017 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Architects and Engineers The certificate holder is listed as additional insured on a primary and non contributory basis on the general liability policy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 384 Osgood Street AUTHORIZED REPRESENTATIVE North Andover MA 01845 I (1;r� � ,�16, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD