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HomeMy WebLinkAboutContract #: 1176 - From: 01-15-2019 To: 05-31-2019 - Woodard & Curran - WTP TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACTNO: Contractor Legal Name: Town Department Name: Woodard&Curran North Andover Water TI-eatment Plaint Contractor Address: Mailing Address: 96 Cedar Street 420 Great Pond Road Providence,Rhode Island 02903 North Andover,,MA 01005 Contractor Vendor ID: 4779 Contract Details: Description of Scope(Attach support documentation) Professional Engineering Services fbi,the Holly Ridge and Alcott Pump Station Generator Begin Date:January 15,2019 End Date:May 31,2019 Rate: Not to Exceed Amount:$2 1,000.00 Contract Signatures Finance Director Contractor Department Head Woodard&Curran Glen C.Alt Approved as to the availability of AGREES TO PROVIDE THE ATTACH ALL REQUIRED appropriations GOODS OR SERVICES AS DOCUMENTS INDICATED ACCORDANCE WITH THESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER In the amount of STANDARD CONTRACT GENERAL CONDITIONS X 16/M Si store Signature Signature Date: Title- Title:Superintendent CTI- Date. III,.? V z 1,7 Date: Town Manager: Town C(;Unset: Date: i Date. L To OF Mown ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article 1. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 2."Town"shall mean the Town ofNorth 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'rown's standard contract general conditions and the Contractors 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."Contractoe,shall mean the individual,partnership,corporation or other entity to which this Conti-act is awarded. At-tide 11.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 disordcrly, careless or incompetent or to be employed in violation of the terms of this Contract. Performance under this contract site[[include services rendered,obligations due,costs incurred good and deliverable piroved and accepted by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services perfbrmed by and work product of the Contractor and accept or reject such goods,deliverable,services or work product. Article III.Tjmj of Performance:. The Contractor shall cominence work immediately upon execution of this Agreement. If the Contractor fails to work at a reasonable speed or sops work altogether without due cause,as determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more speedily. Three days after presentation of die 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. &XlsL9jM In the Wptk 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 Town 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-upon receipt of a written acceptance of the is and a written request from 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. Eilrmeat f2j*Lervices. The Town shall make payment to the Contractor as on the schedule and based on the milestones and deli vcrablesset forth in the Contract Documents or on a periodic basis. Article VI. QwnErship and�Legfiflenjklftj o[Material.Work Products: All infbrination,data,reports, studies,designs,drawings,specifications,materials,computer programs,documents,models,inveAttions,equipment, and any other documentation,product of tangible materials to The extent authored or prepared pursuant to this Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shall be detailed in the Contract Documents. All the completion or termination of this Contract 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 To and the Contractor must provide such Materials to Town within ten(10)business days of the Town's request for the same without cost to the 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 fium time to time. The Town may use the Materials produc4 generated or compiled by the Contractor for another projec4 provkled the Contractor shall not be responsible for changes made to the rintwings,plans,or specifications without the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project. The To agrees,to the extent permitted by law,to hold the Contractor harmless from miy claims,losses arising out of any use or changes to the Materials by the Town 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 ' These Standard Contract General Conditions apply to contracts promed pursuant to M.G.L.c.30B or for exempt good and services, without prior written consent of the Town. Article VII. Release of TQwH: The Contractor agrees that acceptance of what the Town tenders as the final payment for final services under this Agreement shall be deemed to release of the Town forever from all claims, demands,and liabilities arising from,out of,or in any way connected with this Agreement. The Contractor shall execute a release if asked to by the Town. Article VIIL Indemnification: The Contractor shall indemnify,defend and hold harmless the Town and all of its offlicers,agents and employees,with counsel acceptable to the Town,from all suits,claim%demands,losses and liabilities brought against them or based upon or arising out of any act or omission of the Contractor,its agents, officers,employees,or subcontractors in anyway connected to this Agrecroent. The Contractor agrees that it shall besolely responsible for the conduct health,and safety of its employees during the term of this contract and shall hold the Town 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 IX LMrance: The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the To with certification of such.The Contractor shall at its,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 Enors and Omissions liability insurance with a minimum limit of$1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of $25,000.00. Article X Asa merit: Ile Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town., Article XL Relaknaldy wjflLflll Towne All servicesto be performed under the to of this contract will be rendered by the Contractor as an independent Contractor. No of the terms of this contract shall create a principle- agent,master-servant or emp Toyer-employce relationship between the Tom and the Contractor, The Contractor shall have no capacity to bind the To in any contract nor to incur liability on the part of the To and If the Contractor employs or proposes to employ any persofind g the term of ft contract,the employment or proposal shall not obligate the To in any manner to any such employee. Article X11.gomaflanS-S lith JAM MIW Pon tractors ResMsiliffl4es: The Contractor certifies that it and its subcontractors has compiled with all applicable laws and is eligible to work in the Commonwealth 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 use of race,age,color,religious creed sexual orientation or identification,handical%ancestry,sex or national origin. 'The 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 without 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.".c. 149,s.2713,which requires that a true anrl accurate record be kept of all person employed on a project for which the prevailing wage rates are rw4uires. The Contractor all and shall use 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 incur child labor laws,human trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws. Ile Contractor agrees to be responsible for and warranty the work, of its subcontractors listed in the Contract Documents and to ensure 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,M.G.L.c.269A. 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 or state 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 X111. Severability: In the event any provision of this Agreement is found by a court of appropriate 2 jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and effect, Article XIV. Termination of Agreement: - The Town 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 set a 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 Town may at its option,terminate the Agreement. The Town may terminate this agreement without cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the event of termination,the Contractor shall be compensated for work product and services performed 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 XV. Governing Low and Jurisdiction: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, 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 bave exclusive jurisdiction thereof. 3 COMMITM ENT&INTEGRITY 95 Cedar Street I Suite 100 T 800,985.7897 DRIVE RESULTS Providence,Rhode Island 02903 T 401.273.1007 www.woodardcurran.com F 401,273.5087 Town of North Andover,Massachusetts On-Call Water and Wastewater Engineering Support Services W&C Project Number 22&%2.11 October 18,2018 Task Order 2014.11 WOODARD Scope of Work and Budget &CURRAN for Holly Ridge and Alcoff Pump Stations Generator Sizing Evaluation Task 2014-11 Holly Ridge and Alcoff Pump Stations Generator Sizing Evaluation Woodard&Curran(W&C,Engineer)will provide an engineering evaluation for sizing of generators at the Huffy Ridge and Alcoll Pump Slabon.The scope of work includes the tasks desalbed below. 1.1 SCOPE OF SERVICES Woodard&Curran YAI provide engineering evaluation including the following: Task 1—Site Investigation-Perform a comprehensive site investigation to gather detailed data of the existing electrical distribution systems associated Holly Ridge and A Pump Stations. Data collection includes but is not runited to:types of equipment interconnection arrangements, conductm sizing,and protection and control of equipment. Evaluation of Holly Ridge Electrical System—Perform an evaluation of the existing electrical distribution system and determine an adequately sized generator and associated equipmerd required for pump station. Evaluation of Alcoff Pump Station Electrical System—Perform an evaluation of the existing electrical rfistribu&m system and determine an ade*ately sized generator and associated equipment required for punip station. Perform Pump Test at each Station—Perform and evaluate pump tests to confirm that the pumps are operating within parameters. Evaluate Holly Ridge Generator—Evaluate the existing generator at Holy Ridge Ptunp Station for potential relocation to Alcott Pump Station. Determine the available options for the standby power equipment within the Pump Stations that best suits the existing electrical distribution systems configurations and equipment locallon(s).Determine a proposed budget for each of the options and for the construction service required to complete the project. Task 2-Prepare Lefler Report—Provide the Town of North Amdover with an Engineering Evaluation Report that provides findings of the evaluation and replacement options available Including high level is for budgeting purposes as further detailed design may be recommended to Identify final construction costs. W&C would be pleased to provide a proposal for additional design and if needed construction support services at the TowWs request. SCHEDULE A* Work shall commence on receipt of your Notice to Proceed and is expected to be completed within 6 "W weeks. CURRODARD AN BUDGET & The estimated budget for our services under this Task Order is$2 1,000. Woodard&Curran will prepare a monthly invoice for our services In accordance with our most recent On-Call Professional Engineering and Support Services contract with the Town. Invoices vAll be accompanied by a monthly project status report covering project status,schedule and budget. ASSUMPTIONS Woodard&Curran assumes the following: 1. W&C will perform one site visit to observe and document equipment,take measurements,and meet with staff, 2. Prior to the site visit,the Town will provide all available record documentation for the existing electrical and utility electrical power consumption for the last 5 years as well as any power monitor Information that may have been recorded. S. Town staff vAl provide site support with gathering information,nameplate data from any associated equipment,including but not limited to,switch gear,syAtchboards,panel boards and control panels. 2