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HomeMy WebLinkAboutContract #: 016466 - From: 03-31-2012 To: - McBrie, LLC - Town of North Andover Contract for Professional Engineering ServicesURBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR McGRAVEY OF COUNSEL e-mail chm@uf-law.com November 28, 2011 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: CONTRACT WITH MCBRIE, LLC Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, f__L4 arol Hajjar McGravey CHM/kmp Enclosure w:\wp5l\work\n-andove\corresp\santilli.ltr - contract%docx TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: �10RTH O 4 F �► o,A Ss CHUs���y October 26, 2011 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, along accompanying documentation, between the Town of North Andover and McBrie, LLC to perform a structural investigation and analysis of the existing main floor in Fire Station 1 in accordance with the Request for Quotes issued on September 19, 2011. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this hid or proposal has bcen made and ,ubm'ned in good faith and » ithout collusion or fraud with ani other person. As used in this certification, the. \\ord "person" shall mean natural person, business.. partnership, corporation.. committee. union, club or other organization, entity. or group of individuals. Signature Date' ' r Print \L;me & Title Company 'game CERTIFICATE OF TAX COINIPLIANCE Pursuant t r Chapter 6-'C ofthe Massachusetts General Laws, Section 49A {b), 1 'a.. authorized signatory f6i C_----- \,r,n� ut in�lrrrdrrul 1itm� X11 c'unn'<,crr;r• do hereby ce.nify under the Mains and penalties of perjury that said contractor has complied \a ith all km s of the Comnwim calth of Massachusetts. and the: Town of North Andovcr, relating to taxes, permit or other ties. reporting of employees and contractors, and %N it}rholding and remitting child support.. Signature Date OP ID: CL CERTIFICATE OF LIABILITY INSURANCE DAT10126O/YYYY) 110/26/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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(les) must 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 InterContinental Ins Solutions 175 Federal Street Suite 725 Boston, MA 02110 Justin A. Kloack CONTACT NAME: AIC Ne Ext): FAX No); E-MAIL ADDRESS: CUSTOMER #: MCBRI-2 INSURERS AFFORDING COVERAGE NAIC # INSURED McBrie LLC Brian Kavanaugh 160 Sylvan Street Danvers, MA 01923 INSURER A: James River Insurance Co. Srr1,,r. t 12203 INSURER 13: Socie Insurance Company INSURER C: Associated Employers Ins Co 11104 INSURER D: Ironshore Specialty Insurance ✓ 25445 INSURER E: INSURER F : COVERAGES CERTIFICATE Nl1MRFR: RFVIRIAN NI IMRFR- 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. ILTR TYPE OF INSURANCE D POLICY NUMBER MM/DDNYYY LICY EFF MM/DD�V LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000100 DAMAGE TO RENTE15__ PREMISES Ea occurrence $ 60,ODC A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 000455290 11/01110 11101111 MED EXP (Any one person) $ EXcl PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 X POLICY PRO LOC Emp, Ben. $ 1,000,00 B AUTOMOBILE LIABILITY ANY AUTO BINDER #10838 11/01110 11101!11 COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS X HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ X NON -OWNED AUTOS UMBRELLA LIAO OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE5009555012010 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) N / A 11/01/10 11/01/11 WC STATU- OTH- M E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,00 D Professional 000774200 11101110 11/01/11 Ea. Claim 1,000,00 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder is named as additional insured. Mr. Raymond T. Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Brian J. Kavanaugh, P.E. Structural Engineer / Managing Partner McBrie, LLC 160 Sylvan Street Danvers, MA 01923 Dear Mr. Kavanaugh: October 25, 2011 TEL (978) 688-9516 FAX (978) 688-9556 By previous letter, you were advised the Town of North Andover was awarding the contract to McBrie, LLC to perform a structural investigation and analysis of the existing main floor at Fire Station 1. You were asked to sign and return the contract documents and "all required accompanying paperwork". Based on the Towns review of the submitted paperwork, the following deficiencies were noted: o In accordance with the provisions of Supplement `E' of the contract document (copy enclosed), no insurance certificates were submitted. Please ensure that all insurance certificates list the Town of North Andover as an `additional insured'. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Brian J. Kavanaugh, P.E. Structural Engineer / Managing Partner McBrie, LLC 160 Sylvan Street Danvers, MA 01923 Dear Mr. Kavanaugh: pOR7H O 00000 '61ti0 1O A �9SSACHUS�t�h October 7, 2011 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to McBrie, LLC to a structural investigation and analysis of the existing main floor at Fire Station 1. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates list the Town of North Andover as an "additional insured". Please note that in accordance with Massachusetts General Laws, as a municipality, the Town of North Andover cannot pre -pay (i.e., a retainer) for goods or services. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 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 investigation and analysis of the existing main floor at Fire Station 1, 124 Main Street 2. The Contract price to be paid to the Contractor by the Town of North Andover is: $6,800.00 3. Payment will be made as follows: Upon completion of services and receipt of invoice, 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 March 31, 2012, 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 2 160 Sylvan Street Danvers, MA 01923 October 6, 2011 Mr. Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA rl Structural Design & Sales www.mcbrie.com PROPOSAL Telephone: 978-646-0097 Fax: 978-646-0087 RE: PROPOSAL FOR STRUCTURAL INVESTIGATION AND ANALYSIS North Andover Fire Station 1 North Andover, MA The following is our proposal for the above referenced project based upon the Bid Documentation dated September 19, 2011 From the Town Of North Andover. We shall provide the following structural engineering services; • Perform on site review, measurements and visual observations to determine floor framing conditions; • Perform selective non-destructive ground penetrating radar and/ or x-ray testing testing to determine steel reinforcing size and spacing; • Perform two core samples to determine concrete strength; • Patch, repair any cored holes; • Perform Computer analysis to determine floor capacity with emphasis on the new Ladder loading; • Provide PE stamped report of our findings McBrie, LLC's fee for the above noted scope of work shall be $6,800.00 (Six thousand eight hundred dollars) The above fee will be billed monthly based upon hours worked. We have included our Professional Structural Engineering Rate Schedule 2011 with the mailing of this proposal. A retainer of $1,000.00 (One thousand dollars) is required at the time of proposal acceptance. The retainer will be credited against the project's final invoice. Items not included in this proposal are as follows: • Additions to the current scope of work outlined above or changes during demolition; • Insurance coverage above our attached insurance limits; N Andover Fire Station Page 1 of 2 160 S lvan Street P Tele hone: 978-646-0097 y Danvers, MA 01923 Structural Design. & Sales Fax: 978-646-0087 www.mcbrie.com We estimate that the work would be completed within four (4) weeks from acceptance of this proposal 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, Appendix A: General Terms and Conditions which is 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. Also, we reserve the option to cease work on the project if invoices are not paid within 60 days of the date of the invoice. Accepted by: Brian J Kavanaugh; P.E. Structural Engineer / Managing Member Date: Enclosures: Professional Structural Engineering Rate Schedule 2011 and Appendix A: General Terms N Andover Fire Station Page 2 of 2 160 Sylvan Street �% '' �,,ry' �, r' f Telephone: 978-646-0097 Danvers, MA 01923 Structural Design & Sales Fax: 978-646-0087 www.mcbrie.com Professional Structural Engineering Rate Schedule 2011 Professional DesiLyn Services Includiniz Proiect DesiLyn Meetings Professional Engineer $100/hr Project Engineer 2 (Design/Drafting) $90/hr Project Engineer 1 (Design/Drafting) $85/hr Junior Engineer (Design/Drafting) $60/hr Construction Services Shop Drawing Review Shop Drawing Review -Professional Engineer $100/hr Shop Drawing Review - Project Engineer $85/hr Shop Drawing Review - Junior Engineer $60/hr Inspections and Construction Control Associated Work Site Inspection - Professional Engineer $100/hr Site Inspection - Project Engineer $85/hr Site Inspection - Junior Engineer $60/hr Inspection Reports Professional Engineer $100/hr Project Engineer $85/hr Junior Engineer $60/hr Mark-up of Structural Drawings provided by Client Professional Engineer $95/hr Project Engineer $85/hr Junior Engineer $60/hr Minimum Flat Rate for Home/Commercial Inspections Home/Commercial Inspection (No written report) $300/visit Home/Commercial Inspection & Report $500/inspection & report within a ten mile radius Miscellaneous Mileage * $ 0.51 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 ,r Telephone: 978-646-0097 Danvers, MA 01923 Structural Design & Sales Fax: 978-646-0087 www.mcbric.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 Control/Inspections - 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 Telephone: 978-646-0097 L�...... `S.!__......... �.......... _ Danvers, MA 01923 r Structural Design. & Sales Fax: 978-646-0087 www.mcbric.com Appendix A: General Terms and Conditions 1. ABSENCE OF WARRANTY All services of ENGINEER and its subsidiaries, independent professional associates, subconsultants and subcontractors will be performed in a reasonable and prudent manner in accordance with generally accepted engineering practice. All estimates, recommendations, opinions and decisions of the ENGINEER will be on the basis of the information available to the ENGINEER and the ENGINEER's experience, technical qualifications, and professional judgment. There are no warranties of merchantability or fitness for a particular purpose or any other warranties or guarantees whatsoever, express or implied, with respect to any service performed or materials provided under this Agreement. 2. INVOICES Invoices will be submitted periodically (customarily on a monthly basis), and are due and payable upon receipt of invoice. Unpaid balances shall be subject to an additional charge at the rate of one (1.0) percent per month from the date of invoice if the unpaid balance is not paid within 30 days. In addition, the ENGINEER may, after giving seven days written notice to OWNER, suspend services without liability until the OWNER has paid in full all amounts due the ENGINEER on account of services rendered and expenses incurred, including interest on past -due invoices. Payment of invoices is not subject to discounting by OWNER. Time is of the essence in payment of invoices, and timely payment is a material part of the consideration of any Agreement between the ENGINEER and OWNER. CHANGES OR DELAYS Unless the accompanying Proposal provides otherwise, the proposed fees constitute the ENGINEER's estimate to perform the services required to complete the Project as we understand it to be defined. For projects involving conceptual or process development work, required services often are not fully definable in the initial planning. Accordingly, developments may dictate a change in the scope of services to be performed. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, whether or not changed by any order, an equitable adjustment shall be made and the Agreement modified accordingly. Costs and schedule commitments shall be subject to renegotiation for unreasonable delays caused by the OWNER's failure to provide specified facilities or information, or for delays caused by unpredictable occurrences or force majeure, such as fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or services, process shutdown, acts of God or of the public enemy, or acts or regulations of any governmental authority. Temporary work stoppage caused by any of the above will result in additional cost (reflecting a change in scope) beyond that outlined in the accompanying Proposal. 4. PAYMENT Where the method of contract payment is based on a cost reimbursement (i.e. hourly rates, time -and -material, direct personnel expense, or per -diem) basis, the following provisions shall apply: a. The minimum time segment for charging of field work is four (4) hours. The minimum time segment for charging the work done at the ENGINEER's office(s) is one-half hour. When applicable, rental charges will be applied to the Project to cover the cost of pilot -scale facilities or equipment, apparatus, instrumentation, or other technical machinery. When such charges are applicable, the OWNER will be advised at the start of an assignment, task, or phase. Analyses performed in the ENGINEER's subconsultant's laboratories will be billed on a unit -cost -per -analysis basis unless specified otherwise in the Proposal. b. Expenses properly chargeable for the services which are reimbursable at cost shall include: travel and subsistence expenses of personnel when away from their office on business directly or indirectly connected with the Project; identifiable communication, shipping, printing, and reproduction costs; professional and technical subcontractors/subconsultants; identifiable drafting and stenographic supplies; computer time and software; and expendable materials and supplies purchased specifically for the Project. A ten percent (10%) handling and administrative charge will be added to those foregoing items which are purchased from outside sources. When ENGINEER, subsequent to initiation of services, finds that specialized equipment is needed to perform the services, it will purchase and/or lease, as appropriate, the equipment as a reimbursable expense. Page 1 of 3 160 Sylvan Street j Telephone: 978-646-0097 Danvers, MA 01923 Structural Design & Saks Fax: 978-646-0087 www.mcbrie.com c. Invoices for effort on a cost -reimbursement basis will be submitted showing labor (hours worked) and total expenses, but not actual documentation. If requested by OWNER, documentation will be provided and the cost of providing such documentation, including labor and copying costs, will be paid by OWNER. TERMINATION No termination of this Project by the OWNER shall be effective unless seven days written notice of intent to terminate, together with the reasons and details therefore, has been received by a principal or officer of the ENGINEER and an opportunity for consultation been given. A final invoice will be calculated on the first or fifteenth of the month (whichever comes first) following receipt of such termination notice and the elapse of the seven day period (the effective date of termination). Either the ENGINEER or OWNER may terminate this Agreement, in whole or in part, in writing, if the other party substantially fails to fulfill its obligations under this Agreement through no fault of the terminating party. Where method of contract payment is "lump sum," the final invoice will include all services and expenses associated with the Project up to the effective date of termination. Where method of contract payment is based on cost reimbursement, the final invoice will include all services and expenses associated with the Project up to the effective date of termination. In any event, an equitable adjustment shall be made to provide for termination settlement costs the ENGINEER incurs relating to commitments which had become firm before termination, and for a reasonable profit for services performed. 6. LIMITATION OF LIABILITY Notwithstanding any other provision of these General Terms and Conditions to the contrary, the ENGINEER's liability to the OWNER for any loss or damage, including, but not limited to, special and consequential damages, arising out of or in connection with the accompanying Proposal or any related Agreement from any cause, including the ENGINEER's professional negligence, strict liability, breach of contract or breach of warranty, shall not exceed the greater of $50,000 or the contract payment hereunder. OWNER hereby releases the ENGINEER from any liability above such amount and such amount shall be the sole and exclusive remedy to OWNER. 7. INSURANCE The Engineer agrees to purchase at its own expense, Worker's Compensation, Professional Liability and General Liability insurance and will, upon request, furnish insurance certificates to OWNER. ENGINEER agrees to purchase whatever additional insurance is requested by OWNER (presuming such insurance is available from carriers acceptable to the ENGINEER) provided the premiums for additional insurance are reimbursed by OWNER. 8. INDEMNIFICATION It is understood and agreed that, in seeking the professional services of the ENGINEER under this Agreement, OWNER may be requesting the ENGINEER to undertake uninsurable obligations for OWNER's benefit involving the presence or potential presence of hazardous substances. Therefore, except for activities resulting from the actual or alleged generation, transportation, storage, or disposal of pollutants by ENGINEER or the ENGINEER arranging for the transportation, storage or disposal of pollutants ("pollutants" meaning any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and waste materials to be recycled, reconditioned or reclaimed) the ENGINEER shall, subject to the limitation of liability contained in Section 6, indemnify the OWNER for any loss or damage solely caused by the professional negligence of the ENGINEER in performance of the services under this Proposal or any related Agreement. With respect to claims, damages, losses and expenses which are related to hazardous waste disposal or cleanup or environmental liability, as described in this Section 8, above, and to the extent the same are not covered by the insurance maintained by the ENGINEER, OWNER shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the ENGINEER and its employees, independent professional associates, subconsultants and subcontractors from and against all such claims, damages, losses and expenses arising out of or resulting from the performance of the Engineer's services under this Agreement including, but not limited to, the ENGINEER's professional negligence. If, as a result of any negligent errors, omissions or acts, for which ENGINEER has legal liability, the OWNER incurs an accumulation of excess costs over 2% of the actual project construction cost, ENGINEER shall, subject to the Limitation of Liability contained in Section 6, bear the burden of such accumulation of excess costs over said 2%; provided, however, Page 2 of 3 160 Sylvan Street Telephone: 978-646-0097 Danvers, MA 01923 Structural Design. & Sales Fax: 978-646-0087 www.mcbrie.com said accumulation of excess costs shall not include any improvement or betterment costs and shall not exceed the difference between (1) the actual construction costs resulting from such negligent errors, omissions, and acts of ENGINEER and (2) an estimate of what such costs would have been at the date of this Proposal or any related Agreement. Accordingly, ENGINEER shall have no liability for any such excess costs which are less than 2% of the actual project construction cost. 9. GRATUITIES The ENGINEER represents that no gratuities (in the form of the entertainment, gifts or otherwise) were offered or given to any officer, agent, employee or representative of the OWNER with a view towards securing this Agreement or securing favorable treatment with respect to the wording, amending or the making of any determination with respect to the performance of this Agreement. 10. CONFIDENTIALITY The ENGINEER shall maintain as confidential and not disclose to others without OWNER's prior written consent, all information obtained from OWNER, not otherwise previously known to the ENGINEER or in the public domain, as OWNER expressly designates in writing to be "CONFIDENTIAL". The provisions of this paragraph shall not apply to information in whatever form which (1) is published or comes into the public domain through no fault of the ENGINEER, (2) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (3) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. 11. REUSE OF DOCUMENTS All documents, including drawings and specifications, prepared or furnished by ENGINEER and its subsidiaries, independent professional associates, subconsultants and subcontractors pursuant to this Agreement are instruments of service in respect of the Project and the ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the Project; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or project -specific adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to ENGINEER or its subsidiaries, independent professional associates, subconsultants and subcontractors. Accordingly, OWNER shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the ENGINEER from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions and damages whatsoever arising out of or resulting from such unauthorized reuse. Any such verification or project -specific adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by OWNER and the ENGINEER. 12. CONTROLLING AGREEMENT To the extent they are inconsistent or contradictory; the express terms of the accompanying Proposal take precedence over these General Terms and Conditions. It is understood and agreed that the services performed under the accompanying Proposal or any related Agreement are not subject to any provision of the Uniform Commercial Code. Any terms and conditions set forth in OWNER's purchase order, requisition, or other notice or authorization to proceed are inapplicable to the services under this Proposal or any related Agreement, except when specifically provided for in full on the face of such purchase order, requisition, or notice or authorization and specifically accepted in writing by the ENGINEER. The ENGINEER's acknowledgment of receipt of any purchase order, requisition, notice or authorization, or the ENGINEER's performance of work subsequent to receipt thereof, does not constitute acceptance of any terms or conditions other than those set forth herein. 13. PROPRIETARY DATA The technical and pricing information contained in the accompanying Proposal or Agreement is to be considered Confidential and Proprietary and is not to be disclosed or otherwise made available to third parties without the express written consent of ENGINEER. 14. GOVERNING LAW This Agreement is to be governed by and construed in accordance with the law of the principal place of business of ENGINEER. Page 3 of 3 OP ID: CL A410<30R& CERTIFICATE OF LIABILITY INSURANCE DAT07/14D/YYYY) 07/14/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 pollcy(ies) must 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 InterContinental Ins Solutions 175 Federal Street Suite 725 Boston, MA 02110 Justin A. Kloack CONTACT NAME: PHONE FAX C o Ext • A1C No AIL ADDRESS: PRODUCER CUSTOMER D • MCBRI.2 INSURERS AFFORDING COVERAGE NAIC # INSURED McBrie LLC INSURERA:James River Insurance CO. 12203 Brian Kavanaugh INSURER B: Society Insurance Company 160 Sylvan Street Danvers, MA 01923 INSURER C: Associated Employers Ins Co 11104 INSURER D:Ironshore Specialty Insurance 25445 INSURER E: 000455290 INSURER P: 11/01/11 COVERAGES CERTIFICATE NUMBER: 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 ADDL B POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR 000455290 11/01/10 11/01/11 _ PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ EXCI PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ 2,000,00 Emp Ben. $ 1,000,00 jECTX POLICY PRO" Loc B AUTOMOBILE LIABILITY ANY AUTO BINDER #10838 11/01/10 11101111 COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIREDAUTOS PROPERTY DAMAGE $ (Per accident) $ X NON-OWNEDAUTOS UMBRELLALIAS HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEM ER EXC UC ANY NERIE ECUTIVE Ya (Mandatory in NH) NIA 5009555012010 11/01/10 11/01/11 X WC STATU. 0TH- S ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 If yyes describe under DESGIRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,00 D Professional 00077420011!01110 11/01/11 Ea. Claim 1,000,00 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �/ b ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f �10RT11 1 rbew.+rxw�mormrae�o. °�,�, •. s p� rim �? September 19, 2011 Daigle Engineers frtc. The Town of North Andover is seeking competitive price quotes for the structural investigation and analysis of the existing main floor at Fire Station 1, 124 Main Street, North Andover. The purpose is to determine the load carrying capacity of the existing floor and to ascertain if the structure is capable of housing a ladder truck, a pumper truck, and an ambulance. Specific information regarding these vehicles will be provided to the successful bidder. Scope of Work: ♦ Provide load carrying capacity of existing concrete floor Perform on-site review, measurements, and visual observations Provide testing of floor/structure to include o Non-destructive/non-invasive ultrasonic and/or `ground penetrating radar' o Core sample(s) testing o Chipping/cutting/drilling to expose buried condition(s) Perform computerized structural analysis ♦ Provide structural report by MA Professional Structural Engineer ♦ Patch all destructive testing locations to match existing conditions ♦ Protect all building elements and contents during testing To arrange for a site visit prior to submitting a price quote, please call Stephen Foster, Facilities Management Director, at 978-794-1503 x41306. Attachments: ♦ Drawing of main floor (approximately 3,339 SF) Standard Town of North Andover Contract with Supplement S Town of North Andover Certifications Written and signed price quotes (as well as all certifications) are to be submitted by close of business on Thursday, October 6, 2011 to: Ray Santilli, Assistant Town Manager 120 Main Street North Andover, MA 01845 rbew.+rxw�mormrae�o. � F SEP 2 0 2011 111; Daigle Engineers frtc. The Town of North Andover is seeking competitive price quotes for the structural investigation and analysis of the existing main floor at Fire Station 1, 124 Main Street, North Andover. The purpose is to determine the load carrying capacity of the existing floor and to ascertain if the structure is capable of housing a ladder truck, a pumper truck, and an ambulance. Specific information regarding these vehicles will be provided to the successful bidder. Scope of Work: ♦ Provide load carrying capacity of existing concrete floor Perform on-site review, measurements, and visual observations Provide testing of floor/structure to include o Non-destructive/non-invasive ultrasonic and/or `ground penetrating radar' o Core sample(s) testing o Chipping/cutting/drilling to expose buried condition(s) Perform computerized structural analysis ♦ Provide structural report by MA Professional Structural Engineer ♦ Patch all destructive testing locations to match existing conditions ♦ Protect all building elements and contents during testing To arrange for a site visit prior to submitting a price quote, please call Stephen Foster, Facilities Management Director, at 978-794-1503 x41306. Attachments: ♦ Drawing of main floor (approximately 3,339 SF) Standard Town of North Andover Contract with Supplement S Town of North Andover Certifications Written and signed price quotes (as well as all certifications) are to be submitted by close of business on Thursday, October 6, 2011 to: Ray Santilli, Assistant Town Manager 120 Main Street North Andover, MA 01845 Approx. Scale: 1" = e' CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the bffi &L C -W Ui, J -I�-S INC held on 10- (o - L l it was VOTED, THAT To �► ,N M , LU"j Gt4+�P (Name) 94(5r I I cri i (Officer) of %t'+, &t e V-0 &5W61-7tS fd(- .be and hereby is authorized to execute contracts and bonds in the name and on behalf of said SA -1 Crt, XL tcS ?.'(, and affix its corporate seal hereto; and such execution of any contract or obligation in the name of bAI (A --f-: G:N&I W6 sS ?nJ L on its behalf by such officer under seal of e M 61C EN V C. , shall be valid and binding upon bA'I&Lc ��Cn-k-Lpts :p�C . I hereby certify that I am the clerk of the above named jij(-. and that Sum AI -YM --3 "4. LOW 6"* *' is the duly elected officer. as above of said I r�J L , 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) (Clerkbf Certification of the Corporate 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 ?*64 rr Date 3cn., ffnlyl.'a M. Lau Gt4yy7rt P ficab -)jr Q (+ i &L e L--ri er, ^j 1),j C Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I 17"W 'i' N M. L."6,Ufn.0+P , authorized signatory for ml �_ 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. 1 Der. to , 6. It gnature V Date TOWN OF NORTH ANDOVER CONTRACT DATE: t O - (o - (I This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: _� Pn [rt.G L=am Gi lo Ln eKI I d L. Address: _ ,y 6-14-S T R U d t0a+C1C- Telephone Number: Fax Number: 1. This is a Contract for the procurement of the following: S"il v& -n,4 c./f-t_ Iri4(fT -7-7 &eh-�&N /Jd (N (i-Vf S l S Or E )a /S 11r -& tl/9'l N Fc� /11' Fi" S 0.j 22 MAIN S7- 2. The Contract rice to be aid to the Contractor b the Town of North Andover is: P p y `� 13 $00.00 3. Payment will be made as follows: 5-o % U P T Plet wt- tb SMAr ak= W ave -i< Puw &,V"PA-n cti.► yr C,67 /�A 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General (Rev 5-2007) Contract by and between Town of North Andover and Page 1 0 Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. 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 the document 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 or Materials. 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 (moo MMS Kfrex V -'Ad,* 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. 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 and Default: (Rev 5-2007) Contract by and between Town of North Andover and Page 2 8.1 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. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this 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. 8.3 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 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 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. (Rev 5-2007) Contract by and between Town of North Andover and Page 3 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 the 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. 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, it 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 violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 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 (Rev 5-2007) Contract by and between Town of North Andover and Page 4 This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 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 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 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 Enforceability 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 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: (Rev 5-2007) Contract by and between Town of North Andover and Page 5 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) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any 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 hereund The Contractor further agrees to reimburse the Town for damage to its property caused by e Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the sco a of the Contractor's indemnification under this contract. )—P 7419 e -07,O r Su eAi PAlt s, a„ rs cs2 �Nl� �r+r� r . ►s 19. Workers Compensation Insurance: IS Cwt✓ -A d a,/ b ✓h cn,LV Up F3 vt- y 10 . G. It 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. 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. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. (Rev 5-2007) Contract by and between Town of North Andover and Page 6 All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 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. 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Page 7 M 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. 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 30B) ['X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and Page 8 r 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 Division/Department Head Contract Manager Town Manager APPROVED AS TO FORM: Town Counsel Date Date THE CONTRACTOR t A I cn,E L-)rj &I "i Lis i fJ G . Company Name ignature Date / o • 6 T &Tvh+" H. L&XzrwO �2, i? 1*C% / 606-v Z;�cS P nt Name & Title fJ 1'pc CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Date (Rev 5-2007) Contract by and between Town of North Andover and Page 9 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover, and D A) &L -4e ^iK-IttS Td L , , which Contract is a contract for the procurement of services. 2. "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. Chane Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, § 13. 4. Minimum Wage/Prevailing 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. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5. 1'/ Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 ✓Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $ illion aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. (" : ( I I /01 4.11 5.3 ✓ Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications 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. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. 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 (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 1 and S expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its 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) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any 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 hereunde The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its emp oyees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. -M 'n+-- &--W�y,) T' Su c 4 PR we s 104.( 0,2 6 1.5 C"ejec-A By tsfh6-LG Llwc jb"Z S 1►�� s Pr¢�,�ins�u�i� APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER P�-►C-Y Town Counsel P06 l( Town Manager I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Department/Division Head Town Accountant THE CONTRACTOR: Date: h/h &1'42 WLS -'zs lei L , (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 September 19, 2011 The Town of North Andover is seeking competitive price quotes for the structural investigation and analysis of the existing main floor at Fire Station 1, 124 Main Street, North Andover. The purpose is to determine the load carrying capacity of the existing floor and to ascertain if the structure is capable of housing a ladder truck, a pumper truck, and an ambulance. Specific information regarding these vehicles will be provided to the successful bidder. Scope of Work: ♦ Provide load carrying capacity of existing concrete floor • Perform on-site review, measurements, and visual observations ♦ Provide testing of floor/structure to include o Non-destructive/non-invasive ultrasonic and/or `ground penetrating radar' o Core sample(s) testing o Chipping/cutting/drilling to expose buried condition(s) ♦ Perform computerized structural analysis ♦ Provide structural report by MA Professional Structural Engineer ♦ Patch all destructive testing locations to match existing conditions ♦ Protect all building elements and contents during testing To arrange for a site visit prior to submitting a price quote, please call Stephen Foster, Facilities Management Director, at 978-794-1503 x41306. Attachments: ♦ Drawing of main floor (approximately 3,339 SF) Standard Town of North Andover Contract with Supplement S ♦ Town of North Andover Certifications Written and signed price quotes (as well as all certifications) are to be submitted by close of business on Thursday, October 6, 2011 to: Ray Santilli, Assistant Town Manager 120 Main Street North Andover, MA 01845 OFFICE RESTROOM MAIN GARAGE RECEPTION ELECTRICAL ROOM VESTIBULE FLOOR 1: 3,339 SF Approx, Scale:1 = 8° 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 I hereby certify that I am the clerk 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 Date Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for 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 TOWN OF NORTH ANDOVER CONTRACT DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General (Rev 5-2007) Contract by and between Town of North Andover and Page l Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. 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 the document 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 or Materials. 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 , 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. 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 and Default: (Rev 5-2007) Contract by and between Town of North Andover and Page 2 8.1 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. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this 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. 8.3 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 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 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. (Rev 5-2007) Contract by and between Town of North Andover and Page 3 10. Statuto , 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 the 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. 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, it 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 violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 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 (Rev 5-2007) Contract by and between Town of North Andover and Page 4 This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 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 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assi ngn e_nt: 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 Enforceability 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 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: (Rev 5-2007) Contract by and between Town of North Andover and Page 5 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) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any 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 Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. 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. 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. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. (Rev 5-2007) Contract by and between Town of North Andover and Page 6 All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 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. PqMent 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. 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Page 7 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. 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 30B) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and Page 8 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 Division/Department Head Contract Manager Town Manager Date APPROVED AS TO FORM: Town Counsel Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Date Date (Rev 5-2007) Contract by and between Town of North Andover and Page 9 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover, and , which Contract is a contract for the procurement of services. 2. "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. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. 4. Minimum Wage/Prevailing 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. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications 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. 5.5 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 (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 1 and expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its 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) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any 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 Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel Town Manager I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Department/Division Head Town Accountant THE CONTRACTOR: Date: (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and Santilli, Ray From: Sent: To: Subject: Daigle engineering 1 East River Place Methuen, ma 01844 978-682-1748 Mcbrie, LLc 160 sylvan st. Danvers, ma 01923 Attn: brian kavanaugh Foster, Stephen E. Monday, September 12, 2011 Santilli, Ray RE: Fire Station 1 Foley, buhl t Roberts C'—d ASsoc�--- ' 2150 newton lower falls, MA 617-527-9600 (ref. Prior work on facilities master plan) From: Santilli, Ray Sent: Monday, September 12, 20119:51 AM To: Bonenfant, Robert Cc: Melnikas, Andrew; Foster, Stephen E. Subject: RE: Fire Station 1 10:13 AM I The issue is that bay is not isolated from the rest of the floor and the entire floor will be housing three units (ladder truck, pumper truck, and ambulance). I think the entire floor needs to be assessed based on the three vehicles. Do either of you have any companies in mind to send the quote to? Since it will be under $25,000, we can solicit three quotes without going through a more formal and public process. O?a* SlZntiffi Assistant Town Manager Town of North Andover From: Bonenfant, Robert Sent: Monday, September 12, 20119:48 AM To: Santilli, Ray; Foster, Stephen E.; Melnikas, Andrew Subject: RE: Fire Station 1 My thoughts were the truck in question fits best in that bay, and probably would not be placed in another bay. Also I was assuming the results from the one area would be similar for the other areas. By concentrating on one area it would be less intrusive and more cost effective. N O N N t6 a 0 u 0 0 0. ELEVATOR TO MACHINE ROOM WORKSHOP TOWN HALL EXERCISE ROOM SUPPLY STORAGE GENERAL STORAGE BASEMENT: 2,825 SF Approx. Scale:1 _ $" FLOOR 2: 3,200 SF Approx. Scale: V _ !" rf� Ray Santilli —Assistant Town Manager Town of North Andover,MA (978-688-9516) 120 main street North Andover, MA 01845 Fire Department Headquarters Lt. Robert Bonefant (978-688-9595/978-689-2066) 120 Main Street North Andover, MA 9.12.11 Project: Structural Investigation and Analysis of Existing poured concrete slab (Reference attached sketches) Deliverables: • Provide vehicular load carrying capacity of existing concrete deck • Analysis to include typical firefighting equipment weight/size, configurations & axle options Scope: • Perform on site review, measurements, visual observations • Provide testing of structure to include; o Non-destructive/non-invasive ultrasonic &/or `ground penetrating radar' o Core sample(s) testing o Chipping/cutting/drilling to expose buried condition(s) • Perform computerized structural analysis • Provide structural report by MA Professional Structural Engineer LI Miscellaneous: • Coordinate means & methods/schedule of structural investigation with nafd • Patch all destructive testing sites to match existing • Protect existing structure & contents during testing Bids: Due date: 9/_/2011 All bids to be submitted to Assistant Town Manager From the Desk of Lt Robert Bonenfant Building Maintenance Liaison-NAFD 9 Salem St North Andover Ma 978-688-9595 (Cell) 978-807-8925 Chief Melinkas Ray Santilli This is a rough draft of suggested specifications for an engineering study of the apparatus floor at station one. The North Andover Fire Department is looking to have a structural engineer perform an evaluation of the apparatus floor of the 124 Main St Fire Station. The purpose of the study is to determine the loading carrying capacity of the existing floor. The firm will be responsible for: All insurances, licenses, permits and Bonds as the Town Deems necessary. The maintaining of a clean and orderly work site. Any and all repairs to the floor or columns due to core drilling or exploratory excavations. At no time will work interfere with Fire Department operations. Respectfully Submitted, Lt Robert Bonenfant C� rH4 •T ,'�4 ` Town of North Andover community Preservation committee 1600 Osgood Strect North Andover, MA 0184,5 =•,tet Communitv Preservation Act Proiect Submission Sheet Submission Date. 3/3/2011 ...................................................................................... Submitter/ Contact Name: North..Andove...r.Fire.Department..Attn..Lt.Robert..B.onenfant.......................................................................... Submitter's Address / Phone Number: 124 Main St ......................................................... North Andover MA 01845 ...................................................................................................................... 978-688-9592 ...................................................................................................................... Project Name : Electrical .se..rvice.upgrade............................................................................................... Project Description (attach additional pages, if needed) Updating to the current electrical service due to several code short comings and a danger of fire to the building ...................................................................................................................... Also updating of electric and lighting in the company room. (large room with the vaulted ceilings ...................................................................................................................... the little office has been removed by the firefighters and repairs to walls and the ceiling are in progress) ...................................................................................................................... FY Total Cost CPC Funds Requested Other Funding? 2011 18,000 18,000 2012 2013 2014 2015 Total Purpose: ❑ Open Space O Historic Preservation O Affordable Housing ❑ Recreation [Please check all that apply] How does this project help preserve North Andover's character? .......................................... Hopefully will help preserve one Norht Andovers oldest public buildings, and restore at least on section ...................................................................................................................... of the building to its original status. ...................................................................................................................... Is this project affiliated with any Town Board, Department, or Committee? ........................... Fire Department ...................................................................................................................... For Community Preservation Committee Use Only: Received: Reviewed on: Associated Town Committee: Determination: �paTrr C4 >s sti0 Town of North Andover Community Preservation Committee 1600 Osgood Street North Andover, MA 0181.5 xSa�µusr Community Preservation Act Proiect Submission Sheet Submission Date: 3/3/2011 ..................................................................................... Submitter/ Contact Name: North .An.d.ove.r.Fire..Department..Attn..Lt..Robert..Bonenfant.............. ........................................................... Submitter.'s Address / Phone Number: .124 Main .St ........................................................ North Andover MA 01845 ...................................................................................................................... 978-688-9592 ...................................................................................................................... Project Name: Repair/Rebuild of the second.fl.00r..bro.om.......ath................................................... Project Description (attach additional pages, if needed) Updating of the second floor bathroom to bring up to code. ......................................................................................... ............................. To stop further problems due to deteriorated plumbing and flooring ...................................................................................................................... FX Total Cost CPC Funds Requested Other Funding? 2011 28,500 28,500 2012 2013 2014 2015 Total Purpose: ❑ Open Space O Historic Preservation ❑ Affordable Housing ❑ Recreation [Please check all that apply] Ilow does this project help preserve North Andover's character? .......................................... Hopefully will help preserve one Norht Andovers oldest public buildings, and to make the ...................................................................................................................... Public rest room more functional and presentable .................................................................................................................... Is this project affiliated with any Town Board, Department, or. Committee? ........................... Fire Department ...................................................................................................................... For Community Preservation Committee Use Only: Received. Reviewed on. Associated Town Committee: Determination: )3 t hil�sYry Town of North Andover Community Preservation Committee 1600 Osgood Street Nordi Andover, MA 01845 Community Preservation Act Proiect Submission Sheet Submission Date: 3/3/2011 Submitter/ Contact Name: Nort.h .An.d.ove.r.Fire..Department..Attn .Lt..Rob.ert .B.onenfant........................................................................ Submitter's Address / Phone Number: .124 Main St ........... .............................................. North Andover MA 01845 ...................................................................................................................... 978-688-9592 Project Name:Study of the apparatus floor Project Description (attach additional pages, if needed) To have an engineering study done of the apparatus floor to see weight carrying capacity of ...................................................................................................................... the floor. ................................................................................................I..................... FY Total Cost CPC Funds Requested Other Funding? 2011 12,000 12,000 2012 2013 2014 2015 Total Purpose: ❑ Open Space 0 Historic Preservation ❑ Affordable Housing O Recreation [Please check all that apply] How does this project help preserve North Andover's character? .......................................... If the floors are capable of carrying the weight of the large vehicles the continued use of ...................................................................................................................... the building as a fire station would preserve the buildings role as a main stay of Main St. .................................................................................................................. Is this project affiliated with any Town Board, Department, or Committee? ........................... Fire Department ...................................................................................................................... For Community Preservation Committee Ure Only: Received.- Reviewed on: Asroeiated Town Committee.- Determination: ommittee. Determination: