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HomeMy WebLinkAboutContract #: 1192 - From: 04-23-2019 To: 06-30-2019 - Circuit Breaker Sales, NE - WTP TOWN OF NORTH ANDOVER STANDARDSHORT FORM CONTRACT DOCUMENT CONTRACT NO: 71 ° Contractor Legal e: Town Department Name: Circuit Breaker Sales NE North Andover Water Treatment Plant Contractor Address: Mailing Address: 79 Main Street 420 Great Pond Road Seymair,C. 06483 North Andover,MA 01005 to n—tractor Vendor ID: 75 Contact tails:��__.�, P P f Port docu ntatio___._....... ......_ Description of Scope Attach °on).Recondition -7D-50H-EO 1600 ampair circuit breaker with AKR30C3FI604A TU Begin Date:Apri123,2019 End Date:dune 30,2019 Rate:$13,725 Not to Exceed Amount: Contract Signatures Fi cc Director Contractor Department Head Circuit Breaker Sales NE. 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 r Si ature Si a Date: Title:Pri ent Title:Superintendent Date:4/27/19 Date: Town Manager: Town Counsel: Dam: .....� �.. .. .�.....� .._.... ,... .._...�...� �.�.._.�. ...... TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS1 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 mean the individual,partnership,corporation or other entity to which this Contract is awarded. Article II. 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 Town determines to be disorderly, careless or incompetent or to be employed in violation of the 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. The Town shall have a reasonable opportunity to inspect all goods and delivers, services performed 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 Town 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 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 costs 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. 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 VI. Ownership and Confidentiality of Material,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 pursuant to this Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shalt be detailed in the Contract Documents. At 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 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 to the Town. The Town 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 Town may use the Materials produced,generated or compiled by the Contractor for another project, provided the Contractor shall 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 project. The 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 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 procured pursuant to M.G.L.c. 30B or for exempt good and services. 1 without prior written consent of the Town. Article VII. Release of Town: The 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 To 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 VIII. Indemnification: The Contractor shall indemnify, defend and hold harmless the To and all of its officers,agents and employees,with counsel acceptable to the Town,from all suits,claims,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 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 term 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 Town 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. Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the Town 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 Errors 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.Assignment: The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town. Article XI. Relationship with the Town: All services to be performed under the terms of this 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. The 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 To in any manner to any such employee. Article XII.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 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 because of race,age,color,religious creed sexual orientation or identification,handicap,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.G.L. c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on a project for which 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,fair 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 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.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 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 XIII. 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. Governinp-Law 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 have exclusive jurisdiction thereof. 3 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS WATER TREA- TMENT PLANT 420 GREAT POND ROAD, 01845-2909 Jim Stanford, P.E. DIRECTOR Glen ('. All � Telephone (978) 688-9574 Su rer°intendent 1 � Fax (978) 688-9575 April 29, 2019 Scope of Services Purchase/Repair 1600 Amp Circuit Breaker For the Town of North Andover Drinking Water Treatment Plant Specifications: Provide the Town of North Andover with: Installation of a new or overhauled 1600 amp electrically operated high interrupting air circuit breaker to replace the Water Treatment Plant Breaker labeled ES-MCC-1E located in the emergency generator room. Contractor will be responsible to insure the breaker is the correct size,installed and working properly with minimal down time to avoid any extended power loss. Contractor will install the breaker at an agreed upon time Town to minimize any disruption to the operation of the Water Treatment plant and prevent any water quality issues. Quote must include any shipping costs. 0,1 R"0 911 BREAKER SALES NE Inc. Quotation BOSTO r TON A Group GS(omplany Address CBSNE Boston Created Date 3/4/2019 Expiration Date 4/9/2019 Quote Number 030519 4 Manison Stoneham MA Chuck DLsciscio Prepared By Contact Name Glen Alt Phone Phone 978.688.9574 Email (603)320-5063 Email galt@northandoverma.gov cdisciscio@cbsaJesne.com M-inkiUllg Water Plant Bill To Name Ship To Name 420 Great pond Rd Bill To Town Of North Andover Andover, MA 01845 Ship To Drinking water PlantUSA Andover MA J AKR-7D-30,800 amp electrically operated d with y _ Supplied wi W35 air circuit breaker,drawout GE!AKD 8 AKR30C 3FO804A 2 00 $12,762 00 $25,524 00 3-5 construction.Solid Reconditioned !77 state protection TU Weeks specified elsewhere. TU AKR-70-50H, 1600 amp electrically Supplied with i operated"high interrupting"air circuit 3-5 Reconditioned AKR.7D-50H-EO 1 AKR30C3F1604A IM�$13�625.00 $13,625.00 breaker,drawout GE AKD8- construction. i Weeks TU Solid state protection specified elsewhere. DS Type,800 amp,3P, 30KAIC@48OV, Supplied with Reconditioned DS-206-EO-DO electrically operated,draw out low voltage ADS06C3F0804A 2.00 $13,250.00 $26,500.00 We air circuit breaker.See notes for details. TU DS-416, 1600 amp electrically operated air circuit breaker,drawout DS1 construction :i Supplied with 3-5 Reconditioned DS-416 EO DO with standard electric operator.Wiring I ADS 16C3F1604A 1.00 $13,725.00 $13,725.00 codes and control voltage specified I TU Weeks elsewhere. DS type,2000 amp,3P,65KAIC@480V, Supplied with Reconditioned DS-420-EO-DO electrically operated,draw out low voltage ADS20C3F2004A 1.00 $14,307.00 $14,307.00 3-5 air circuit breaker.See notes for details. TU Weeks DS type,4000 amp,3P,85KAIC@48OV, supplied with 3-5 Reconditioned DS-840-EO-DO electrically operated,draw out low voltage ADS40C3F4005A 1.00 $18,188.00 $18,188.00 We air circuit breaker.See notes for details. TU Ships From Stoneham MA Subtotal $111,869.00 All breakers come with the new GE Entelligaurd trip unit All quotations are confidential information for the benefit of the Standard Commercial Terms:$US Dollars at time of shipment, party they are issued to.Quotations are for immediate acceptance and all stocked products are subject to prior sale. All customers are welcome to visit and inspect their goods prior Prices quoted are estimated based on the information provided to payment. We accept cash,American Express,VISA,LOC, at time of quote. Wire Transfer and Paypal.Some orders may require a deposit or other arrangement if production costs or third party material is We reserve the right to amend the price and/or delivery upon involved. additional or conflicting information.All orders are pending GROUCBS-01 KHALL ACORO- CERTIFICATE OF LIABILITY INSURANCE LDATE(MM/DDIYYYY) 4/24/2019 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 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 CONTACTNAMEa __ __ ___ TeXCap Insurance PHONE F FAX 13465 Midway Road,Ste.200,LB9 (A/C,No,Ext) (972)720-5354 5354 (A/C,No): Dallas,TX 75244 E-MAIL fbrasher TeXCa INS.com ADDRESS. @ p --. _ INSURER(S)AFFORDING COVERAGE __.. NAIL# INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:The Travelers Indemnity Company of Connecticut 25662 Circuit Breaker Sales NE Inc. INSURER C:The Travelers Indemnity Company of America 25666 79 Main Street INSURER D Seymour,CT 06483 INSURER E ......_..... ...._.., ._. ._.... ...._.�. _ INSURER F e .........._....____ 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 ADDL SUBR -- ` POLICY EFF POLICY EXP -- -- -- LTR f_ TYPE OF INSURANCE _ N D WVD POLICY NUMBER MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY (MM/DD/Yl'YY� , T EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED -100,000 12/31/2019 PREMISFS(Ea occurrence) $ J 630-8L302185 12/31/2018 I MFD FXP(Any one erne person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIESPER: GENERAL AGGREGATE $ --- 2,000,000 PRO- 2,600,000 JECT FK LOG PRODUCTS.COMP/OP AGG r$ OTHER: _ _ _ $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I(Ea_accident) _ $ 1,000,000 X ANY AUTO 810-BL302185 12/31/2018 12/31/2019 BODILY INJURY(Per person) $ OWNED SC AUTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ _ X_- HIRED X__ NON-OwNED PROPERTY DAMAGE -. AUTOS ONLY AUTOS ONLY (Per accident). $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUP-81-30848A 12/31/2018 12/31/2019 - 10,000,000 AGGREGATE--- - $ ----. _- - DED X RETENTION$ 10,000 C WORKERS COMPENSATION X STATUTE ®R" AND EMPLOYERS'LIABILITY ---- - - YIN UB-8L298536 12/31/2018 12/31/2019 1000,000 ANY PROPRIETORIPARTNER/F_XECUTIVE — E_L.EACH ACCIDENT .$_ OFF'ICER/MEMBER EXCLUDED? N N/A - --- (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under ! ---_ _.... -......_ 1,000,000 DESCRIPTION OF OPERATIONS below ,__ ............ F.Imo.f.71SEASE-POLICY LIMIT $ { I .......................... DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) ............... .._....._,,,...,. ..............,,.......................... 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. Drinking Water Plant 420 Great Pond Rd. -- --- North Andover,MA 01845 AUTHORIZED REPRESENTATIVE ........ _ __..__......m ....._... ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD