HomeMy WebLinkAboutContract #: 1167 - From: 12-13-2018 To: 12-31-2019 - Weston and Sampson - DPW TOWN OF NORTH ANDOVER,
STANDARD SHORT FORM CONTRACT DOCLMENT
CON GT t
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Cmt—ractor Legal Name: To Department Name;
Weston&Sampson Engineers, Inc. _j Division of Public Works
Contractor Address: Mailing Address:
5 Centennial Drive 384 Osgood Street
Peabody, MA 01960 North Andover, MA 01845
Contractor Vendor—ID,-.. -
04-2601194
Conti-act Details:
Description ofScope(Attach support documentation)
See attached Scope of Services.
Begin Date: End Date: per the attached Scope of Services
Rate:$ See attached billing rates Not to Exceed Amount:$ 65,000
Contract Signatures
Finance Director Contractor Department Head
Approved as to the availability of AGREES TO PROVIDE THE —A17A--CHALL REQUIRED
appropriations GOODS OR SERVICES AS DOCUMENT'S
INDICATED ACCORDANCE
WITH THESE CONTRACT
DOCUMENT'S AS DEFINED IN
THE NORTH ANDOVER
In the amount of STANDARD CONTRACT
GENERAL CONDITIONS
Slgn—ai�K— Signature -Leah E. Stanton, PE Signature
Date: x I Title: Vice President Title:
'A
Date, 11/28/18 ate:
To anger:
Date:
jurisdiction to be unlawfu I or invalid,the remainder of the Agreement shall remain and continue in fall force and
effect,
Article XTV. Termination.of ALTreement: The To may terminate this Agreement upon immediate written
notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no
fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such
breach shall be accompanied by the nature of the failure,and the Town shall seta date at least 10 days later by
which Contractor shall cure the failure, If the Contractor fails to cure within the time as may be required by the
notice,the To may at its option,terminate the Agreement, The Town may terminate this agreement without
cause at any time,effective seven days beyond a teram►ination date stated in a written notice of tennination. In the
event of termination,the Contractor shall be compensated for work product and services perfbrmed prior to the date
of termination. In no event shall the Contractor be entitled payment for any services performed after the effective
date of termination,and under no circumstances shall the total price exceed the contract price.
Article V. Governing Llwv and ifuri�diqtion: ,This Agreement shall be governed by the laws of the
Commonwealth of Massachusett& Any actions arising out of this contract shall be brought in a state or federal court
in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof,
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without prior written consent of the Town.
Article VIEL Release of Town: Ile Contractor agrees that acceptance of what the To tenders as the final
payment for final services under this Agreement shall be deemed to release of the Town forever firmn all claims,
demands,and liabilities arising from,out o y way connected with this Agreement. The Contractor shall
execute a release if asked to by the Town.
Article VIII. Indemnification: The Contractors indemnify,defend and hold harmless the To and all of its
officers,agents and employees,with counsel acceptable to the To from all suits,claims,demands,losses and
liabilities brought against them or based upon or arising out of any act or onrission of the Contractor,its agents,
officers,employees,or subcontractors in any way connected to this Agreement, The Contractor agrees that it shall
be solely responsible for the conduct,health,and safety of its employees during the to of this contract and shall
hold the To harmless for any injuries,damages or losses incurred by its employees while working on this project.
The Contractor's agreement to indemnify the To shall not be deemed to be released,waived or modified in any
respect by reason of any surety or insurance provided by the Contractor under the Agreement.
Article M Insurance: 'Me Contractor shall secure and maintain insurance adequate to meet its obligations
hereunder and shall provide the To with certification of such.The Contractors at itq own expense maintain
motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for
professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance
with a minimurn limit of$1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of
$25,000.00.
Article X AssiEnment: The Contractor shall not assign,transfer,delegate or subcontract any interest in this
Agreement out the or written consent of the Town.
Article XL Relationshh)with the Town: All services to be performed under the to ofthis contract will be
rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle-
agent,master-servant or employer-employee relationship between the Town and the Contractor, Me Contractor
shall have no capacity to bind the To in any contract nor to incur liability on the part of the Town and if the
Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal
shall not obligate the Town in any manner to any such employee.
Article Xff.Compliance with Laws and Contractors Responsibilities:- The Contractor certifies that it and its
subcontractors has complied with all applicable laws and is eligible to work in the Cornin.onwealth of Massachusetts
and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any
employee,or applicant for employment because of ace,age,color,religious creed sexual orientation or
identification,handicap,ancestry,sex or national origin. 'Me Contactor will in all solicitations or advertisement
form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal
consideration.for employment out regard to race,age,color,religious creed,sexual orientation or identification,
handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor
Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to
comply with M.G.L.c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on
a project for is the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to
submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable.
If an employer,the Contractor certifies compliance with applicable state and federal employment laws and
regulations,including but not limited to minimum wages and prevailing wages programs and payments,
unemployment insurance and contributions,workers compensation and insurance,child labor laws,human
trafficking, it labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws.
The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract
Documents and toensure their compliance with all applicable legal,quality and performance requirements of the
Contract Documents, The Contractor may not use subcontractors not named in the Contract Documents without the
prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for
labor and/or services and materials contracted by it,if any,and for the rental of any office space,equipment or
machinery hired by it,if any,for and on account for the services to be performed hereunder. The Contractor shall
not take any action that causes any public official to be in violation of the State Ethics Law,KG.L.c.268A. The
Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S.government,
the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal
ors criminal,or civil Judgement,administrative citation,order for violation of M.G.L.c. 149,s. 151 or the Fair
Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not
declared bankruptcy.
Article XIII. Severability: In the event any provision of this Agreement is found by a court of appropriate
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,rOWN OF NoRTu ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS'
Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows:
2."Town"shall mean the Town of North Andover,Massachusetts
3. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General
Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including
Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and
including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's
Price Proposals,Performance Bonds,which documents are incorporated herein by reference. Any conflict between
the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be
resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals,
4."Contractor"shall can the individual,partnership,corporation or other entity to which this Contract is
awarded.
Article H.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks
described in the Contract Documents. The Contractor shall upon written request,remove from Town premises or
work sites and replace all individuals in the Contractor's employ whom the To determines to be disorderly,
careless or incompetent or to be employed in violation oft a terms of this Contract. Performance under this
contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted
by the Town. 'Me Town shall have a reasonable opportunity to inspect all goods and delivers,services peribrined
by and work product of the Contractor and accept or reject such goods,deliverable,services or work product.
Article III.Time of Performance:. The Contractor shall commence work immediately upon execution of this
Agreement. If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as
determined by the Town,the To may give notice in writing to proceed with the work or to carry on more
speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town,
the Contractor shall be considered in default in the performance of the Contract, This Agreement may be extended
or renewed upon agreement of the parties and only upon execution of written agreement.
Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made
in the scope or character of the work to be performed,the To will promptly notify Contractor.For any changes to
the scope of work,the Contractor shall notify the Town of associated.costs in writing. The Contractor shall make
the necessary changes only upori receipt of a written acceptance of the costs and a writtert request fi-om Town. The
Contractor shall not be compensated for any services involved in preparing changes that are required for additional
work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined
by the Town.
Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based
on the milestones and deliverables set forth in the Contract Documents or on a periodic basis.
Article VL Ownership and Confidentiality of 1Vlaterial,Work Products: All information,data,reports,
studies,designs,drawings,specifications,materials,computer programs,documents,models,inventions,equipment,
and any other documentation,product,of tangible materials to the extent authored or prepared puzsuant to this
Contract(collectively,the"Materials'),shall be the property of the Town. All Contractor proprietary rights shall be
detailed in the Contract Documents. At the completion or termination of this Conti-act copies of all original
Materials shall be promptly turned over to the Town.Once the Town has paid for a particular Material,ownership
vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's
request for the same without cost tote Town, The To may use the Materials with respect to construction,
maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time
to time. The To may use the Materials produced,generated or compiled by the Contractor for another project,
provided the Conti victorshall not be responsible for changes made to the drawings,plans,or specifications without
the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another prqject.
'Me Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims,losses arising out
of any use or changes to the Materials by the To or its representatives during any other construction not a part of
this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract
..............-
I These Standard Conti-act General Conditions apply to contracts procured pursuant to G.L.c.30B or for exempt
good and services,
Weston G Satipson
November 28, 2018
5 Centennial Drive,Peabody,MA 01960(HQ)
Tel:978.532.1900
Mr.Timothy J.Willett
Operations Manager
North Andover DPW
384 Osgood Street
North Andover, MA 01845
Re: Scope of Services®Sylvan Terrace Water Main Improvements
Dear Mr.Willett:
As requested, Weston &Sampson (ENGINEER) are providing a Scope of Services for completing a Water Main
Improvements Project along Sylvan Terrace for the Town of North Andover, hereinafter referred to as the
OWNER. The following Scope of Services also includes our general terms and conditions, time of project, fee,
and attached insurance and hourly billing rates.
ARTICLE 1 -ENGAGEMENT OF THEE GI EER AND STANDARD OF CARE
1.1 THE OWNER hereby engages the ENGINEER, and the ENGINEER hereby accepts the engagement to
perform certain professional engineering services for the Sylvan Terrace Water Main Improvements
Project, hereinafter called the PROJECT.
1.2 The ENGINEER's services shall be performed in a manner consistent with that degree of skill and care
ordinarily exercised by practicing design professionals performing similar services in the same locality,
at the same site and under the same or similar circumstances and conditions. The ENGINEER makes
no other representations or warranties, whether expressed or implied, with respect to the services
rendered hereunder.
ARTICLE 2-SCOPE OF SERVICES
The PROJECT will include engineering design, bidding, and construction office and field services for the
installation of approximately 1,050 linear feet (If) of new 8-inch ductile iron (DI) water main to replace an existing
6-inch water main along Sylvan Terrace from Massachusetts Avenue to Linden Avenue. The project will also
include transferring all services over to the new mains, new hydrants and valves, and trench pavement with 12-
inch cutback within the project area.
2.1 The ENGINEER agrees to perform the following tasks during the design phase of the PROJECT,
2.11 Attend project kick-off meeting to collect information and coordinate design decisions. At this
meeting, we will discuss: connections to existing water mains; maintenance of customer water
services during construction; location of hydrants, and other special considerations as to the
standards for hydrants, valves, services, pipe material, and paving; preliminary cost estimates,
traffic management concerns; backfill compaction requirements; road restoration issues; and
other details of the project design. It is not anticipated that a MassDOT Application for Permit to
Access State Highway will be required for this project.
2.1.2 The ENGINEER will prepare contract documents suitable for bidding, by performing a
planimetric survey of the project area and utilizing additional information obtained from the
OWNER and local utilities.
2.1.3 Request and review available relevant utility maps/drawings for water, sewer, gas, drain,
electric, telephone, cable, and other utility system information, and add this information in
sufficient detail to the design plans.
2.1.4 The plans will be prepared at a scale of 1" equals 40' showing the location of the replacement
mains to be installed including hydrants, valves, fittings, services, appurtenances and roadway
and surface restoration. Show underground utilities and structures based on available plans
and readily visible utility locations, curbs, sidewalks, etc. within the right-of-way. Existing water
services including fire services shall be shown on the plans based on Water Department tie-
cards. Identify all water services to be replaced (full replacement from curb stop to new
corporation or standard transfer). Plans shall detail the connections of new mains to existing
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mains.
2.1.5 Investigate the impact of the water main improvements' construction on traffic within the Scope
of Work, develop a Traffic Management Plan, including detour routes, if necessary, to minimize
the effect of the construction on local residents, businesses, and pedestrians and vehicular
traffic. Confer with the OWNER's Police Department as necessary,
21.6 Based on preliminary review of the Flood Insurance Rate Map (FIRM), MassGIS Environmental
Resources Mapping and USGS StreamStats, per MassDEP, the PROJECT area is exempt from
wetlands and waterways permitting. However, proper environmental protection measures
(trench dewatering and catch basin protection) shall be incorporated in the design as needed.
The ENGINEER shall coordinate with the local Conservation Commission Agent to notify them
of the proposed work and discuss the limits of environmental protection measures. Formal
Conservation Commission filing will not be conducted,
2.1.7 Coordinate natural gas utility conflicts with the local gas company, if necessary. Provide
Columbia Gas of Massachusetts with a copy of the plans with suspected utility conflicts noted
and coordinate construction.
2.1.8 Meet with the OWNER one (1) time during the design phase at 70% design completion of the
project to review the engineering design and documents.
2.1.9 Prepare an opinion of probable construction cost for the project.
2.1.10 Provide two (2) sets of review copies of the contract documents at the 95 percent completion
point of the design work for the contract.
2.1.11 1 Provide final plans and specifications. The completed documents shall bear the stamp of a
registered professional engineer licensed to practice in the state of Massachusetts.
2.2 The ENGINEER agrees to perform the following tasks during the bidding phase of the PROJECT.
2.2.1 Advertise the contract for public bidding in the Central Register and in a local newspaper.A copy of
the Advertisement for Bid shall be forwarded to the OWNER for their use. The OWNER shall be
responsible for posting the advertisement in a conspicuous place within the municipal offices and
advertising in COMMBUYS.
2.2.2 Provide contract bid documents electronically to bidders via online electronic distribution website.
Prospective bidders shall be required to bear the expense of receiving hard copies of the
contract documents.
2.2.3 Issue additional information to bidders as required during the bidding period, is addresses
bidders'questions through issuance of one(1)addendum to the bid documents.
2.2.4 Attend the bid opening and assist the OWNER: (1) in securing and tabulating bids for the
PROJECT; (2) in the review and analysis of the bid results; and (3) in recommending the award of
the contract.
2.2.5 Prepare formal contract documents for execution by the OWNER and the successful bidder,
hereinafter referred to as the CONSTRUCTION CONTRACTOR.
2.3 The ENGINEER agrees to perform the following construction engineering office tasks during the
construction phase of the PROJECT.
2.3.1 Meet with the OWNER or designated representative of the OWNER, local officials (and state
officials as appropriate) during the construction phase of the PROJECT to discuss construction
issues,progress of the PROJECT,and to coordinate the work.
2.3.2 Arrange and conduct a pre-construction conference with the CONSTRUCTION CONTRACTOR,
the OWNER and representatives of the Police and Fire Department, OWNER's EEO,
Conservation Commission Agent, and any other group directly affected by the construction.
2.3.3 Retain subconsultants as required to support construction of the PROJECT.
2.3.4 Retain concrete and/or soils testing laboratories to provide sampling and testing services as
required.
2.3.5 Review shop and erection drawings and shop and mill test reports submitted by the
CONSTRUCTION CONTRACTOR for general compliance with contract documents. This review
shall not include review of the accuracy or the completeness of details, such as quantities,
dimensions, weights or gauges, fabrication process, construction means and methods,
coordination of the work with other trades, substantiating instructions for installation or
performance of equipment or systems, or construction safety precautions, all of which are the
sole responsibility of the CONSTRUCTION CONTRACTOR.
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2.3.6 Prepare and process up to two (2)change orders, including balancing change orders,that may be
required during the PROJECT,
2.37 Prepare supplementary drawings/sketches as required to clarify/resolve field construction problems
that may occur,
2.3.8 Conduct visits to the construction site by project manager or project engineer to observe
construction progress and (1) to become generally familiar with and to keep the OWNER
informed about the progress and quality of the portion of the Work to be completed, (2) to
endeavor to guard the OWNER against defects and deficiencies in the Work, and (3) to
determine in general if the Work is being performed in a manner indicating that the Work, when
fully completed, will be in accordance with the Contract Documents. However, ENGINEER shall
not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work, The ENGINEER shall neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents.
2.3.9 Review CONSTRUCTION CONTRACTOR'S monthly application for payment requests based on
quantities and work completed and prepare a recommendation to the OWNER for payment to
the CONSTRUCTION CONTRACTOR.
2.3.10 Prepare and submit recommendation of substantial completion to the OWNER.
2.3.11 Prepare record drawings of the completed project and submit one set of reproducibles to the
OWNER. ENGINEER is not responsible for any errors or omissions in the information provided
by others that are included into the record drawings,
2.4 The ENGINEER agrees to perform the following construction resident project representative tasks during the
construction phase of the PROJECT
2.4.1 General: Resident Project Representative (RPR) is the ENGINEER's Agent (generally an employee
of the ENGINEER who is assigned to the OWNER's project in the field) and shall act under the
supervision of the ENGINEER. The RPR's authority and responsibilities are limited to observing the
work for general conformance to the contract documents, and are not to be construed as directing
or supervising the work. The RPR shall confer with the ENGINEER (where the text refers to the
Resident Project Representative conferring with the ENGINEER it refers to the ENGINEER's Project
Manager) regarding his actions. The RPR's involvement in matters pertaining to onsite work will, in
general, be with the ENGINEER and CONSTRUCTION CONTRACTOR, keeping the OWNER
advised as indicated below and as necessary. The RPR's involvement with subcontractors will only
be through or in the presence of the CONSTRUCTION CONTRACTOR or its designated
representative. The RPR shall generally communicate with the OWNER with the knowledge of the
ENGINEER.
2.4.2 Duties and Responsibilities of the Resident Project Representative:
a. Schedules: Review the proposed progress schedule, schedule of shop drawling submissions
and schedule of project values, all as prepared by the CONSTRUCTION CONTRACTOR and
consult with the ENGINEER concerning their acceptability,
b. Conferences: Attend a preconstruction conference; establish a monthly schedule of work
progress meetings and other pertinent conferences as required in consultation with the
ENGINEER or the OWNER and notify in advance those expected to attend. Attend meetings
and prepare,circulate and maintain copies of minutes thereof.
c. Liaison:
1, Serve as ENGINEER's liaison with CONSTRUCTION CONTRACTOR, working principally
through CONSTRUCTION CONTRACTOR's designated onsite representative, and assist
him in understanding the intent of the contract documents. Assist the ENGINEER in
serving as the OWNER's liaison with the CONSTRUCTION CONTRACTOR when
CONSTRUCTION CONTRACTOR's operations affect the OWNER's onsite operations.
2. Assist in obtaining from the OWNER additional details or information when required at the
job site for proper execution of the work.
d. Shop Drawings and Samples:
1. Maintain a file of shop drawings and samples submitted by the CONSTRUCTION
CONTRACTOR.
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2. Advise ENGINEER and CONSTRUCTION CONTRACTOR immediately at the
commencement of any work requiring a shop drawing or sample submission if the
submission has not been accepted by the ENGINEER.
e. Review of Work, Rejection of Defective Work, Inspections and Tests:
1. Observe daily work in progress, or as otherwise necessary, to determine (1) if the work is
proceeding in general conformance with the contract documents and (2) that completed
work generally conforms to the contract documents. The Resident Project Representative
shall confirm the accuracy of horizontal and vertical controls established by the
CONSTRUCTION CONTRACTOR prior to the start of construction, but such does not
relieve the CONSTRUCTION CONTRACTOR of its independent obligation to establish the
starting controls.
2. Report to the ENGINEER who, in turn, will notify the OWNER whenever any work is
unsatisfactory, faulty, or defective, or does not conform to the contract documents, or has
been damaged, or does not meet the requirements of any inspections, tests,or approvals
required to be made. Advise the ENGINEER when he believes work should be uncovered
for observation or requires special testing or inspection or approval. Record and advise
the CONSTRUCTION CONTRACTOR of work failing to meet the contract requirements.
3. Verify that tests, equipment, and system start-ups are performed and operating, and
maintenance training is conducted as required by the contract documents and in the
presence of the required personnel, and that the CONSTRUCTION CONTRACTOR
maintains adequate records thereof; observe, record and report to the ENGINEER
appropriate details relative to the test procedures and start-ups.
4. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the PROJECT and record the outcome of these inspections.
5. Performance of the services outlined in Subsection "e", parts 1 through 4, will not
guarantee the CONSTRUCTION COT RACTOR's performance, but it endeavors to verify
compliance with the contract documents and thereby protect the OWNER against defects
and deficiencies in the work. Nothing in Subsection "e" relieves the CONSTRUCTION
CONTRACTOR of its independent obligations under its contract with the OWNER in
performing its services. The ENGINEER shall not be responsible for the CONSTRUCTION
CONTRACTOR's failure to perform the construction work in accordance with the contract
documents nor for the CONSTRUCTION CONTRACTOR's construction methods and
procedures, nor for the safety program and safety precautions implemented by the
CONSTRUCTION CONTRACTOR.
f. Interpretation of Contract Documents. Transmit to the CONSTRUCTION CONTRACTOR,
clarifications and interpretations of the contract documents.
g, Modifications:
1. Consider and evaluate the CONSTRUCTION CONTRACTOR's suggestions for
modifications in contract documents and report them with recommendations to the
ENGINEER.
2. Monitor and record the labor, equipment and materials utilized by the CONSTRUCTION
CONTRACTOR and subcontractors when modifications are constructed.
h. Records:
1. Maintain, at the job site, orderly files for correspondence, reports of job conferences, shop
drawings,sample submissions, reproductions of original contract documents, including all
addenda, change orders, field orders, additional drawings issued subsequent to the
execution of the contract,the ENGINEER's clarifications and interpretations of the contract
documents, progress reports, record drawings and records, and other project-related
documents.
2. Record hours worked by the CONSTRUCTION CONTRACTOR on the job site; weather
conditions; data relative to questions of extras or deductions; list of principal visitors and
representatives of fabricators, manufacturers, suppliers and distributors; daily activities,
decisions, observations in general and specific observations in more detail as in the case
of observing test procedures.
3. Record names, addresses and telephone numbers of the CONSTRUCTION
CONTRACTOR,subcontractors,and major suppliers of equipment and materials.
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I. Reports:
1. Prepare periodic reports as required of progress of the work and of the CONSTRUCTION
CONTRACTOR's compliance with the progress schedule and schedule of shop drawing
submissions,
2. Consult with the ENGINEER in advance of scheduled major tests, inspections by others or
start of important phases of the work.
3. Obtain all backup material, prepare and recommend to the ENGINEER Change Orders,
Extra Work Orders,and Field Changes.
j. Payment Requisitions: Review applications for payment with the CONSTRUCTION
CONTRACTOR for compliance with the established procedure and forward them with
recommendations to the ENGINEER, noting particularly their relation to the schedule of
values, work completed, and materials and equipment delivered at the site but not
incorporated in the work.
k. Certificates, Operation and Maintenance Manuals: During the course of the work verify that
certificates,operation and maintenance manuals and other data required to be assembled and
furnished by the CONSTRUCTION CONTRACTOR are applicable to the items actually installed
and deliver this material to the ENGINEER for review.
I. Completion:
1. Before the ENGINEER issues a recommendation of substantial completion to the OWNER,
submit to the CONSTRUCTION CONTRACTOR a list of observed items requiring
correction or completion.
2. Conduct final observation of the project in the company of the ENGINEER, OWNER, and
the CONSTRUCTION CONTRACTOR and prepare a final list of items to be corrected.
3. Verify that all items on final list have been completed or corrected and make
recommendations to the ENGINEER concerning acceptance and start of warranty,
2.4.3 Limitations of Authority: The Resident Project Representative:
a. Shall not authorize any deviation from the contract documents or approve any substitute
materials or equipment.
b. Shall not direct, supervise, or undertake any of the responsibilities of the CONSTRUCTION
CONTRACTOR.
c. Shall not expedite work for the CONSTRUCTION CONTRACTOR.
cl. Shall not advise on or issue directions relative to any aspect of the means, methods,
techniques, sequences or procedures of construction unless such is specifically called for in
the contract documents.
e. Shall not advise or issue directions as to safety precautions and programs in connection with
the work.
f. Shall not authorize the OWNER to occupy the PROJECT in whole or in part.
g. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by the ENGINEER.
h. Shall not exceed limitations of the ENGINEER's authority as set forth in the contract
documents.
L Shall not issue"stop work"orders unless directed by the OWNER, in writing,to do so.
2.4.4 Duties and responsibilities of the Construction Representatives(s):
a. Construction Representative(s) shall be responsible for monitoring the day-to-day activities
of the construction crew(s), recording all quantities for payment to the CONSTRUCTION
CONTRACTOR, and documenting and reporting to the Resident Representative action(s)
by the CONSTRUCTION CONTRACTOR of any nature that would result in nonconformance
with the contract documents. Where directed by the Resident Project Representative or the
ENGINEER's Project Manager, the Construction Representative(s) shall be authorized to
require the CONSTRUCTION CONTRACTOR to conform to the contract documents,
including repairing and/or replacing any work found to be nonconforming.
2.5 The following services listed in this section are not included as part of this AGREEMENT and are not
paid for by the OWNER:
2.5.1 Preparation or review of environmental assessments and impact statements; review and
evaluation of the effect on the design requirements of the Project of any such statements and
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documents prepared by others; and assistance in obtaining approvals of authorities having
jurisdiction over the anticipated environmental impact of the Project.
2.5.2 Services to make measured drawings of or to investigate existing conditions or facilities, or to
verify the accuracy of drawings or other information furnished by the OWNER.
2.53 Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, unexpected site
conditions or unanticipated hazardous materials, OWNER's schedule, character of construction
or method of financing; and revising previously accepted studies, reports, design documents or
Contract Documents when such revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond ENGINEER's control.
2.5.4 Investigations and studies involving, but not limited to, detailed consideration of operations,
maintenance and overhead expenses; during the course of design; the preparation of feasibility
studies; cash flow and economic evaluations; rate schedules and appraisals; assistance in
obtaining financing for the Project; evaluation processes available for licensing and assisting
OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and
labor; and audits or inventories required in connection with construction performed by OWNER.
2.5.5 Services during out-of-town travel required of ENGINEER other than visits to the site or
OWNER's office, as required under Article 2.
2.5.6 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction,
materials,equipment, or services.
2.5.7 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration
or other legal or administrative proceeding involving the Project.
2.5.8 Additional or extended services during construction made necessary by (1) work damaged by
fire or other cause during construction, (2) a significant amount of defective or neglected work
of Contractor(s), (3) prolongation of the contract time of any prime contract beyond the date for
final completion as set forth in the Contract Documents, (4) acceleration of the progress
schedule involving services beyond normal working hours [five 8-hour days per week] and (5)
default by Contractor(s).
2.5.9 Protracted or extensive assistance in the utilization of any equipment or system.
ARTICLE 3-RESPONSIBILITIES OF THE OWNER
The OWNER, without cost to the ENGINEER, shall do the following in a timely manner so as not to delay the
services of the ENGINEER:
3.1 Designate in writing a person to act as the OWNER 's representative with respect to work to be
performed under this AGREEMENT, such person to have complete authority to transmit instructions,
receive information, interpret and define the OWNER'S policies and decisions with respect to materials,
equipment elements and systems pertinent to the work covered by this AGREEMENT.
3.2 Through its officials and other employees who have knowledge of pertinent conditions, confer with the
ENGINEER regarding both general and special considerations relating to the PROJECT.
3.3 Assist the ENGINEER by placing at the disposal of the ENGINEER, all available information pertinent to
the PROJECT including previous reports and any other data relative to design or construction of the
PROJECT.
3.4 Pay all application and permit fees associated with approvals and permits from all governmental
authorities having jurisdiction over the PROJECT and such approvals and consents from others as may
be necessary for completion of the PROJECT.
3.5 Arrange for access to and make all provisions for the ENGINEER to enter upon public and private lands
as required for the ENGINEER to perform its work under this AGREEMENT.
3.6 Furnish the ENGINEER all needed property, boundary and right-of-way maps.
3.7 Cooperate with and assist the ENGINEER in all additional work that is mutually agreed upon.
3.8 Pay the ENGINEER for work performed in accordance with the terms specified herein.
3.9 Pay for concrete and soils testing laboratory services as required for the project.
310 Operate all valves, pumps, instrumentation, and other equipment as required to support the ENGINEER
and Contractor personnel in carrying out systems and plant startup and testing operations,
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Page 7
3.11 Provide all criteria and full information as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations; and furnish copies of all design and construction standards, which
OWNER will require to be included in the Drawings and Specifications.
3.12 Examine all studies, reports, sketches, Drawings, specifications, proposals and other documents
presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants, as
OWNER deems appropriate for such examination, and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of the ENGINEER,
313 Attend the bid opening, pre-construction conference, construction progress and job-related meetings.
114 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of
any development that affects the scope or timing of ENGINEER's services or any defect or non-
conformance of the work of any Contractor(s).
3.15 Submit to ENGINEER the proposed language of certifications, affidavits and/or assignments requested
of ENGINEER or ENGINEER's independent contractors and consultants for review and approval at least
14 days prior to execution. OWNER shall not request certifications and/or affidavits that would require
expertise, knowledge or services beyond the scope of this AGREEMENT.
ARTICLE 4-TIME OF PROJECT
4.1 The ENGINEER will initiate work under this AGREEMENT following formal acceptance of this
AGREEMENT by the OWNER. The ENGINEER agrees to provide services under ARTICLES 2.1 and 2.2
for the estimated duration of work, starting immediately upon receipt of signing this AGREEMENT and
concluding within five (5) months. The ENGINEER agrees to provide services under ARTICLES 2.3 and
2.4 for the estimated duration of work, starting immediately upon receipt of written authorization to
proceed and concluding within sixty (60) days of the CONSTRUCTION CONTRACTOR's schedule
requirements set forth in their contract bid documents. If any construction time extensions are approved
by the OWNER to the CONSTRUCTION CONTRACTOR, the ENGINEER will provide additional services,
compensation, and time extensions to the services AGREEMENT as mutually agreed upon by the
OWNER and ENGINEER.
4.2 If the specific periods of time for services provided under this AGREEMENT are changed through no
fault of the ENGINEER, the rates and compensation provided for herein shall be subject to equitable
adjustment.
4.3 If ENGINEER's services are delayed or suspended in whole or in part by the OWNER for more than three
months through no fault of the ENGINEER, ENGINEER shall be entitled to an equitable adjustment of
the rates and compensation to be paid herein.
ARTICLE 5-PAYMENTS TO THEE GINEER
5.1 For services performed under ARTICLES 2.1 and 2.2 of this AGREEMENT, the OWNER agrees to pay
the ENGINEER the lump sum fee of $28,200 for the scope of services described in Article 2 of this
AGREEMENT. Fees for this PROJECT shall be billed monthly as they accrue based upon the services
performed as a percent of the total lump sum fee. For services performed under ARTICLES 2.3 and 2.4
of this AGREEMENT, the OWNER agrees to pay the ENGINEER as charges accrue on a time charged
plus expense basis. Compensation shall be payable monthly, as earned, and shall not exceed $36,800
without prior written authorization from the OWNER. Resident Project Representative Services as
identified in paragraph 2.4 are based on a maximum of 300 hours of water main construction services
time plus expenses. The OWNER agrees to make payment to the ENGINEER within thirty (30) days of
the invoice date.
Design Services (ARTICLE 2.1) $23,600
Bidding Services (ARTICLE 2.2) $4,600
Construction Engineering Office Services (ARTICLE 2.3) $12,600
Resident Project Representative Services ARTICLE 2.41 24200
TOTAL CONTRACT $65,000
5.2 If the OWNER fails to make any payment due the ENGINEER for services and expenses within thirty (30)
days after receipt of the ENGINEER'S statement therefore, the ENGINEER may, after giving seven (7)
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Page 8
days' written notice to the OWNER, suspend services under this AGREEMENT. Unless the ENGINEER
receives payment within seven (7) days of the date of the notice,the suspension shall take effect without
further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the
OWNER for delay or damage caused the OWNER because of such suspension of services.
We are pleased to submit this offering and look forward to working with you on this project. Should you have any
questions or concerns, please feel free to contact Tara McManus or me at 978-532-1900.
Sincerely,
WESTON &SAMPSON ENGINEERS, INC.
4'a Leah//EStanton,
Vice President
Cc: Tara E. McManus, PE, Project Manager—Weston&Sampson
\\wse03.locaNWSE\Projects\MA\North Andover MA\Sylivan Ter WM\Contract\Ltr Scope 11.28.18.docx
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Offices in:MA,CT,NH,VT,NY,NJ,PA,SC&FIL
FEE SCHEDULE
Town of North Andover, MA
Division of Public Works
Sylvan Terrace Water Main Improvements Project
HOURLY BILLING RATES
Weston & Sampson will conduct the work under this contract in accordance within the
hourly billing rate ranges presented below for each labor category. Actual rates charged
within the billing ranges will depend on the actual salary rates of the personnel assigned to
each project.
Total
PrincipaiNice President/Associate $175 - $300
Project Manager/Senior Project Manager $130 - $200
Senior Engineer/Senior Geologist/Senior Scientist $110 - $155
Arch itects/Landscape Architects $ 80 - $125
Engineer/Geologist/Hydrogeologist/Scientist $ 90 - $125
Survey/CAD Opera tor/GIS Specialist $ 80 - $175
Resident Representative Construction Services $ 100 - $145
Tech n ician/Ad m in istrative Assistant/Co-Op $ 65 - $110
Weston & Sampson performs an annual rate review and salary adjustments as of January
1" of each calendar year, We therefore anticipate requesting an adjustment of hourly rates
for various individuals as of January 1, 2020.
EXPENSES
Weston & Sampson will invoice for direct expenses including printing, testing services,
shipping costs, subconsultants, and other identifiable direct costs at a rate of 110 times
actual costs.
tlwse03.locaAWSLIProjectsIMA!North Andover MAISylvan Ter WKContracttFee Schedule 2018.docx
Weston(D,`-4cjn ipsor i
WESTAND-01 CMURPHY
.�#+C�C7►RL�' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
11/16/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER CONTACT
NAME:
Ames 8:Gough PHONE
859 Willard Street (AiC,No,E d):(617)328-6555 FAX,No):(617)328-6888
Suite 320 E-MAIL SS,boston@amesgough.com
Quincy,MA 02169
_ INSURER($)AFFORDING COVERAGE _ ..._NAIL#
INSURER A:Continental Insurance Company A(XV) _ 35289
INSURED INSURER B:National Fire Insurance Company of Hartford A( 20478
Weston 4 Sampson Engineers,Inc. INSURER C:Endurance American insurance Company _ 10641
5 Centennial Drive INSURER D:American Casualty Co of Reading,PA A(XV) 20427
Peabody,MA 01960 INSURER E:Lexington Insurance Company A,XV 19437
INSURER F:
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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE j X OCCUR X 0 8 1 01/01/2018 01/01/2019 DAMAGE IS(Ea RENTED nce) $ 50-,
X Contractual Liab HIED EXP(Any one person) $ 15,000
X Incl per policy form PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY
-— PRO_ LOc Pro ucrs-coMPrDa EGG $ 2 000,000
--JECT X. �_
OTHER: $
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
_ (Ea accident) $
X ANY AUTO X 16056860561 01/01/2018 01/01/2019 BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
W E ' BODILY INJURY(Per accident) $
X AUTOS ONLY X_..AUTOS ONNLY (Per accident DAMAGE $
C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000
EXCESS LIAB CLAIMS-MADE. X EXC30000312401 01/01/2018 01/01/2019 AGGREGATE $ 10,000,000
DED RETENTION$ $
D WORKERS COMPENSATION X PER
ORH-
AND AFFICEORtR IMTER/EXRTNER/ ECUTIVE 16056861015 01/01/2018 01/01/2019 E.L.EACH ACCIDENT $ 1,000,000
EMPL RHHS'LIA ILITY Y 9
an ® n ) NIA
E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
E Professional Liab 031710990 07/03/2018 07/03/2019 Per Claim 3,000,000
E 031710990 07/03/2018 07/03/2019 'Aggregate 3,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES CORD 101,Additional Remarks Schedule,maybe attached If more space Is required)
Additional Insured GL Endorsement Font M--- 75079XX 01/15,if applicable.All Coverages are in accordance with the policy terms and conditions.
RE:Sylvan Terrace Water Main Improvements
Town of North Andover,MA., Division of Public Works shall be listed as additional insured with respect to General,Auto and Umbrella Liability where
required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Division of Public Works
Att:Jim Stanford
384 Osgood Street AUTHORIZED REPRESENTATIVE
North Andover,MA 01845 l7
ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD