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HomeMy WebLinkAboutContract #: 007585 - From: 07-01-2011 To: 06-30-2013 - ABB Inc - Town of North Andoveri URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR MCGRAVEY OF COUNSEL e-mail chm@uf-law.com September 20, 2011 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: CONTRACT WITH ABB INC. 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, Parolajjar McGravey CHM/kmp Enclosure s:\wp5l\work\n-andove\eorresp\santilli.ltr - contract4ldocx TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: NORrN OE st4ee �"1�0 O F �SSACN�SE� September 16, 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 ABB Inc. to perform preventative maintenance, calibration and repair of instrumentation equipment at the Water Treatment Plant for a two-year period. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures A It It P%I9I/ September 12, 2011 Mr. Raymond T. Santilli Town of North Andover 420 Great Pond Road North Andover, MA 01845 Subject: Contract for preventative maintenance, calibration and repair of instrumentation equipment for the Water Treatment Plant Dear Mr. Santilli: Attached find (3) signed copies of the contract documents, the signature authority certificate in lieu of the Certificate of Vote, Certificates of Non -collusion and Tax compliance and a Certificate of Insurance as required. ABB looks forward to receiving a copy of the executed contract and purchase order. If you have any questions, please do not hesitate to call me at: 215-674-6063 Thank you for your continued support of ABB products and services. Best Regards, ABB Inc. 4 1 'a-' 4uf Christine Furey Business Administrator Enclosure ABB Inc. Automation Technology 125 East County Line Road Telephone: Internet: Products Division Warminster, PA 18974 USA (215) 674-6000 www.abb.com/instrumentation Business Unit Instrumentation Fax: Email: (215) 674-6300 instrumentation@us.abb.com 09/.09/2011 11:40 2156746300 ABB INC PAGE 01101 SECRETARY'S CERTIFICATE ABB INC, E. Barry Lyon, Vice President and Assistant Secretary of ABB Inc. (the "Company"), hereby certifies that Dane Maisel has been duly authorized to execute contracts on behalf of the Company by delegation of signing authority, as follows: 1. The following resolution was adopted by the Board of directors of Company at its meeting held on February 10, 2005, and amended by Unanimous Written Consent, as of the 1" day of January, 2006, and that the same has not been rescinded or modified to the date hereof: RESOLVED, that Signing Authority on behalf of the Company in respect to Bids, Quotations, Offers, Acceptances, Requisitions, Contracts, Agreements, Purchase Orders, Change Orders, Options, Commitments and any other instruments or documents of a similar nature relating to the sale, supply, provision, exportation, shipment, transportation, storage, handling, purchase, procurement, Importation, receipt of materials, supplies, goods, services and software in the ordinary course of the Company's business, whether with private parties or governmental entities or•instrumentelities thereof, is vested in the below named officers up to the authority limits, if any, shown opposite their names and may be delegated by them to any one or more officers, employees or representatives of the Company up to the limit of their respective authority by means of an express writing or electronic communication. The below named officers are additionally authorized to delegate their power of delegation to other officers, employees or representatives of the Company but without any power on the part of recipients to pass the power of delegation on to others. Officer Dollar Limit CEO Unlimited CFO Unlimited 2. Signing authority on behalf of the Company under the foregoing Resolution has been duly delegated to Dane Maisel, Senior V. P. and G_M. Instrumentation, with the U.S. Dollar limitation shown below. Emplloy2t Dollar Limit Dane Maisel $3,000,000 IN WITNESS WHEREOF the undersigned has executed this Certificate as of the 10th day of August, 2009, Vice Presidiih ardd Assistant Secretary 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) .4 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 Dane Maisel Sr. V.P. and General Manager Print Name & Title Date 1-T-ZP I/ ABB Inc. Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Dane Maisel , authorized signatory for ABB Inc. 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. ABB Inc. Signatu Date Dane Maisel Sr. V.P. and General Manager ..T ACORD,M CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY) 3/12/2011 PRODUCER Aon Risk Services Inc of MA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One Federal St 19th FI HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OF INSURANCE Boston, MA 02110 POLICY EFFECTIVE ABB OCI Adminstrator 617 482 3100 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HDI -Gerling America Insurance Company 41343 ABB INC. ATTENTION: Christine Furey 125 East County Line Road INSURER B: ACE American Insurance Company 22667 INSURER C: Warminster, PA 18974 INSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR PnIMIDArrc 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONTYPE DATE 1MM/DD1YYl LIMITS REPRESENTATIVES. AUTHORIZED REPRESENTATIVE % 17 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A A X X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR GLD10909-03 XLD10910-03 4/1/2011 4/1/2011 4/1/2012 4/1/2012 DAMAGE TO RENTED PREMISES Ea occurence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ BI&PD COMBINED AGG. $ 3,000,000 X I POLICY PRO LOC B X AUTOMOBILE X LIABILITY ANY AUTO ISA HO 8634427 4/1/2011 411/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FICLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WLR C4 647238A 4/1/2011 4/1/20121,000,000 X WCRY LIMC STAT UTs - CER E.L. EACH ACCIDENT $ B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No SCF C4 6472391 4/1/2011 4/1/2012 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ALL OPERATIONS OF THE NAMED INSURED ARE COVERED BY THIS CERTIFICATE UNLESS OTHERWISE SPECIFIED (SEE REVERSE AND/OR ATTACHED FOR ADDITIONAL INFORMATION) Contract #: 9305-09-236 Certificate #: 15611 /`CDTICI!`ATC unI nCD r:ANCFI I ATION ACORD 25 (2001/08) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town of North Andover ATTENTION: Dennis Bedrosian DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 420 Great Pond Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL North Andover, MA 01845-2909 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE % 17 ACORD 25 (2001/08) © ACORD CORPORATION 1988 00 Attachment to Certificate of Liability Insurance Certificate Holder Town of North Andover ATTENTION: Dennis Bedrosian 420 Great Pond Road North Andover, MA 01845-2909 Further Information Insured ABB INC. Certificate #: 15611 Contract #: 9305-09-236 Date Issued 3/12/2091 IT IS AGREED THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF (1) OPERATION PERFORMED FOR SUCH INSURED BY THE NAMED INSURED, OR (2) THE OWNERSHIP, MAINTENANCE OR USE OF PREMISES LEASED TO THE NAMED INSURED, OR (3) THE USE OF AN AUTOMOBILE PERMITTED BY THE NAMED INSURED. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED UNDER ITEMS (1), (2), AND/OR (3) ABOVE ONLY TO THE EXTENT AND IN SUCH AMOUNTS NECESSARY TO SATISFY ABB'S OBLIGATION UNDER THE INDEMNITY PROVISIONS OF THE CONTRACT OR LEASE. EVIDENCED INSURANCE SHALL BE PRIMARY AND SHALL NOT BE ENTITLED TO CONTRIBUTION FROM ANY INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER BUT ONLY TO THE EXTENT OF CERTIFICATE HOLDER'S ADDITIONAL INSURED STATUS AND IN AMOUNTS NOT TO EXCEED THE LIMITS SET FORTH ON THE FACE OF THIS CERTIFICATE. Page 2 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Ms. Christine Furey Business Administrator ABB Inc. 125 East County Line Road Warminster, PA 18974 Dear Ms. Furey: f NoRT!{ O �t�so ;°s Q•O O 4 P «� 9S$ACHUSE September 2, 2011 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award the contract to ABB Inc to perform preventative maintenance, calibration and repair of instrumentation equipment for the Water Treatment Plant for the period of July 1, 2011 through June 30, 2013 per your written proposal dated August 9, 2011. 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". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures 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: ABB Inc. Address: 125 East County Line Road Warminster, PA 18974 Telephone Number: 215-674-6000 Fax Number: 215-674-6300 This is a Contract for the procurement of the following: Perform preventative maintenance, calibration and repair of instrumentation equipment at the Town of North Andover Water Treatment Plant and pumping stations per the scope of services and written quote dated August 9, 2011 (attached) for the period of July 1, 2011 through June 30, 2013. 2. The Contract price to be paid to the Contractor by the Town of North Andover is: July 1, 2011 through June 30, 2012 $11,943.00 July 1, 2012 through June 30, 2013 $12,300.00 3. Payment will be made as follows: July 1, 2011 through June 30, 2012 $1,990.50 bi-monthly payments July 1, 2012 through June 30, 2013 $2,050.00 bi-monthly payments 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 (Rev 5-2007) Contract by and between Town of North Andover and ABB Inc. Page 1 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 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 June 30, 2013, 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. (Rev 5-2007) Contract by and between Town of North Andover and ABB Inc. Page 2 August 9, 2011 North Andover WTP 420 Great Pond Road North Andover, MA 01845 Attention: Ms. Linda Hmurciak ABB Inc. is pleased to provide this proposal for the renewal of Service Contract #9305-09-236. At your request, the proposal is for a three (3) year period. Existing negotiated terms and conditions apply. PREVENTATIVE MAINTENANCE ABB Inc, will supply ten (10) days of scheduled service each fiscal period to perform preventative maintenance, calibration and repair of instrumentation equipment. - PARTS Parts are not included in the contract and would be invoiced separately if required with a 10% discount applied to all ABB manufactured parts. Any outside buy parts will be at a 25% markup. . EMERGENCY SERVICE Emergency service is not included in the agreement. Additional time, excluding overtime, holidays and weekends would be invoiced separately at the hourly rate of $132.00 per hour plus mileage at $ .57 per mile, any travel expenses at actual cost plus 5%. Current service rate sheet is attached. PRICING Year 1 7/1/2011 through 6/30/2012: $ 11,943.00 payable bi-monthly at $ 1,990.50 Year 2 7/1/2012 through 6/30/2013: $ 12,300.00 payable bi-monthly at $ 2,050.00 Year 3 7/1/2013 through 6/30/2014: $ 12,669.00 payable bi-monthly at $ 2,111.50 If this proposal meets with your approval, please forward your purchase order to: ABB Inc. Attn: Christine Furey Fax: 215-674-6300 125 East County Line Road Warminster, PA 18974 If you have any questions, I can be reached at telephone number 215-674-6063, fax 215-674-6300. Best Regards, ABB Inc. Christine Furey Business Administrator r-144rim Automation Technology 125 East County Lina Road Telephone: Internet: Products DK4sion Warminster, PA 18974 USA (215) 674-6000 www.abb.comlinstrumentativn Business Unit Instrumentation Fax: Email: (215) 6746300 instrumentation@us.abb.com INTEROFFICE MEMORANDUM DATE: August 11, 2011 TO: Ray Santilli, Assistant Town Manager FROM: Bruce Thibodeau, Director, Division of Public Works 6o"" CC: Linda Hmurciak, Superintendent DWTP RE: Sole Source Contract for ABB Please find attached a Determination of Vendor as a Sole Source Fon-n, letter from ABB explaining why they are the sole source vendor for the instrumentation equipment, and a current pricing list. I recommend awarding a three year contract to ABB for the services identified in the attached pricing letter dated August 9, 2011. DETERMINATION OF VENDOR AS A SOLE SOURCE Lyne M Savage, Town Accountant Town of North Andover North Andover, MA 01845 Date: I have investigated alternative sources for obtaining the (goods) or (services) particularly ni onri,^'-A ne• o jjL cr%Q/'d i/ Specifically, I have determined that no practicable alternative vendor exists_ for the above described (goods) or (services) after making the following investigation* (' �. Therefore, I have determined that a contract/purchase order in the amount of $ t S"a�'C� f C� ' Be awarded to 45 for the (goods) or (ervices) described above. Department Signature mu August 9, 2011 North Andover WTP 420 Great Pond Road North Andover, MA 01845 Attention: Ms. Linda Hmurciak Subject. Service Contract 49305-09-236 renewal for 2011/2012 Dear Ms. Hmurciak- ABB (Formerly Fischer & Porter Co) is the Original Equipment Manufacturer of the majority of the equipment covered under your existing service agreement. We have two full time field technicians that work out of the New England area and have a manufacturing and repair facility located in Warminster PA to support these men. The Instrumentation currently in use at your facility is of our design and as such we have access to proprietary software and hardware used throughout your system. Considering the design and age of the system, ABB is the only manufacturer still able to support it. In addition, ABB Instrumentation is an ISO 9001-2000 compliant Company. This Quality Management System, under which the Field Service Group operates, insures that the calibration methods and certificates issued are in strict compliance with all ISO requirements. The training and experience of the field service personnel, the accuracy and traceability to NIST of the test equipment used for calibration and the procedures used to perform these calibrations and adjustments are just several of the steps taken to document and insure this compliance. Field service calibrations are performed in accordance with the Original Equipment Manufacturer's recommendations defined in the OEM Instruction Manuals. We appreciate your past interest in our products and services. We look forward to continuing our relationship into the future. If you have any questions please contact me at 215-674.6063. Respectfully yours, ABB Inc. Y" Christine Furey Business Administrator ABB Inc. Automation Technology 125 last County Line Road Telephone: Internet: Products Division Warminster, PA 18974 USA (215) 6746000 www.abb.com/instrumentation Business Unit Instrumentation Fax: Email: (215) 674-6300 instrumentation@us.abb.com DET NORSKE VERITAS MANAGEMENT SYSTEM CERTIFICATE Certificate No. CERT-09170-2003-AQ-HOU-ANAB This is to certify that ABB, Inc. Instrumentation at 125 East County Line Road, Warminster, PA 18974 USA Additional Location: Site Name , Site Address Si te City Site State j Site Main Activities Abb, Inc. 9716 South Virginia Street, Suite E Reno j NV 89511 Design, Manufacturing, Sales has been found to conform to the Management System Standard: ISO 9001:2008 This Certificate is valid far the followingproduct or service ranges: Design, Manufacture and Servicing of Process Control Instrumentation Initial Certification date: January 14, 1992 Place and date: 1.loustonL Texas, December 15, 2009 for the Accredited Unit: This Certificate is valid until. DETNORSKE VERITAS December 15, 2012 a CERTIFICATION INC., HOUSTON TEXAS • ?he audit has been performed under the % sswervision of Sherry Bennett rueboes Lead Auditor Management Representative Lack of fulfillment ofconditions as set out in the Certification Agreement may render this Certificate invalid. HEAD OFFICE, Det Norske veritas Certification, Inc. 1400 Ravetlo Drive, Katy, Terni 77449, TEL: (2$r) 396.1000. FAX (261) 396.1903