HomeMy WebLinkAboutContract #: 1286 - From: 02-20-2020 To: 12-31-2020 - Woodard & Curran - DPW TOWN OF NORTH ANDOVER
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
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: Woodard&Curran
Address: 33 Broad Street
One Weybossett Hill V1 Floor
Providence,RI 02903
Telephone Number: 401-427-1326
Email: kcarlson@woodardcurran.com
1. This is a Contract for the procurement of the following:
Provide design and bidding services (Task 1.0 ONLY)related to the Osgood Street Sewer
Project force main within the 1210 Osgood Street Massworks Infrastructure Grant project
limits to facilitate the new Amazon Project,in accordance with the proposal dated
February 14,2020(see attached).
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
In accordance with the proposal dated February 14,2020,on a percent complete basis for
the services performed for Task 1.0 ONLY,not to exceed$73,000.
3. Payment will be made as follows:
Upon completion of services and receipt of invoice, (net 30 days).
4. Definitions:
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4.1 Acceptance: All Contracts require proper accepfance of the described
deliverables or services by the Town of North Andover. Proper acceptance shall be
understood to include inspection of deliverables and certification of acceptable
performance for services by authorized representatives of the Town to insure that the
deliverables or services are complete and are as specified in the Contract.
4.2 Contract Documents: All documents relative to the Contract including(where used)
Instructions to Bidders,Proposal Form,General Conditions,Supplementary General
Conditions,General Specifications,Other Specifications included in Project Manual,
Drawings, Request for Qualifications, Scope of Services, and all Addenda. The
Contract documents are complementary,and what is called for by any one shall be as
binding as if called for by all. The intention of this Contract is to include all labor
and materials,equipment and transportation necessary for the proper performance of
the Contract.
4.3 The Contractor: The"other party"to any Contract with the Town. This term shall
(as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term"Contractor"shall be understood to refer to any other such label used.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents,as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies,Materials or other Deliverables.
4.6 SubContractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for,or both.
4.8 Services: Shall mean furnishing of labor,time,or effort by the Contractor. This term shall
not include employment agreements,collective bargaining agreements,or grant agreements.
4.9 Standard of Care: Contractor's services shall be performed in accordance with the
generally accepted professional standard of care ordinarily used by design
professionals performing similar scope of services in the same geographic area on
projects of similar size and complexity.
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 December 31,2020, 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
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appropriation of funds as certified by the Town Accountant. The time limits stated in the
Contract documents are of the essence of the Contract.
6. Subject to Appropriation:
Notwithstanding anything in the Contract documents to the contrary, any and all payments
which the Town is required to make under this Contract shall be subject to appropriation or
other availability of funds as certified by the Town Accountant. In the absence of
appropriation, this Contract shall be immediately terminated without liability for damages,
penalties or other charges.
7. Permits and Approvals:
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its
performance of the Contract shall be secured and paid for by the Contractor.
8. Termination:
a. Without Cause. The Town may terminate this Contract on seven(7)calendar days
notice when in the best interests of the Town by providing notice to the Contractor,which shall be
in writing and shall be deemed delivered and received when given in person to the Contractor,or
when received by fax, express mail, certified mail return receipt requested,regular mail postage
prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor.
Upon termination without cause, Contractor will be paid for services rendered to the date of
termination.
b. For Cause. If the Contractor is determined by the Town to be in default of any term
or condition of Contract, the Town may terminate this Contract on seven (7) days notice by
providing notice to the Contractor, which shall be in writing and shall be deemed delivered and
received when given in person to the Contractor, or when received by fax,express mail, certified
mail return receipt requested,regular mail postage prepaid or delivered by any other appropriate
method evidencing actual receipt by the Contractor.
C. Default. The following shall constitute events of a default under the Contract:
1) any material misrepresentation made by the Contractor to the Town;2)any failure
to perform any of its obligations under this Contract including,but not limited to
the following: (i) failure to commence performance of this Contract at the time
specified in this Contract due to a reason or circumstance within the Contractor's
reasonable control, (ii) failure to perform this Contract with sufficient personnel
and equipment or with sufficient material to ensure the completion of this Contract
within the specified time due to a reason or circumstance within the Contractor's
reasonable control, (iii) failure to perform this Contract in a manner reasonably
satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable
time the services that were rejected by the Town as unsatisfactory, or erroneous,
(v) discontinuance of the services for reasons not beyond the Contractor's
reasonable control, (vi) failure to comply with a material tern of this Contract,
including, but not limited to, the provision of insurance and non-discrimination,
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(vii)any other acts specifically and expressly stated in this Contract as constituting
a basis for termination of this Contact, and (viii) failure to comply with any and
all requirements of federal and/or state law and/or regulations, and Town bylaw
and/or regulations.
9. The Contractor's Breach and the Town's Remedies:
Failure of the Contractor to comply with any of the terms or conditions of this Contract shall
be deemed a material breach of this Contract,and the Town of North Andover shall have all
the rights and remedies provided in the Contract documents, the right to cancel, terminate,
or suspend the Contract in whole or in part, the right to maintain any and all actions at law
or in equity or other proceedings with respect to a breach of this Contract,including damages
and specific performance,and the right to select among the remedies available to it by all of
the above.
From any sums due to the Contractor for services,the Town may keep the whole or any part
of the amount for expenses, losses and damages incurred by the Town as a consequence of
procuring services as a result of any failure, omission or mistake of the Contractor in
providing services as provided in this Contract.
10. Statutory Compliance:
a. This Contract will be construed and governed by the provisions of applicable
federal, state and local laws and regulations; and wherever any provision of the
Contract or Contract documents shall conflict with any provision or requirement of
federal, state or local law or regulation, then the provisions of law and regulation
shall control. Where applicable to the Contract,the provisions of General Laws are
incorporated by reference into this Contract, including, but not limited to, the
following:
General Laws Chapter 30B—Procurement of Goods and Services.
General Laws Chapter 30,Sec.39,et seq: -Public Works Contracts.
General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts.
General Laws Chapter 7, Sections 38A%-O: Designer Selection
b. Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract, this Section shall be understood to import such term or
provision into this Contract. To whatever extent any provision of this Contract
shall be inconsistent with any law or regulation limiting the power or liability of
cities and Towns, such law or regulation shall control.
C. The Contractor shall give all notices and comply with all laws and regulations
bearing on the performance of the Contract. If the Contractor performs the Contract
in violation of any applicable law or regulation, the Contractor shall bear all costs
arising therefrom.
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d. The Contractor shall keep itself fully informed of all existing and future State and
National Laws and Municipal By-laws and Regulations and of all orders and decrees
of any bodies or tribunals having jurisdiction in any manner affecting those engaged
or employed in the work, of the materials used in the work or in any way affecting
the conduct of the work. If any discrepancy or inconsistency is discovered in the
Drawings,Specifications or Contract for this work in violation of any such law,by-
law, regulation, order or decree, the Contractor shall forthwith report the same in
writing to the Town. It shall, at all times, itself observe and comply with all such
existing and future laws,by-laws,regulations, orders and decrees; and shall protect
and indemnify the Town of North Andover, and its duly appointed agents against
any claim or liability arising from or based on any violation whether by him or its
agents, employees or subcontractors of any such law,by-law,regulation or decree.
e. If changes in the law occur during the term of the contract which require a change
in the scope of services,the parties may negotiate an amendment to the Contract in
accordance with the provisions contained in Paragraph 27..
11. Conflict of Interest:
Both the Town and the Contractor acknowledge the provisions of the State Conflict of
Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any
activity which shall constitute a violation of that law. The Contractor shall be deemed to
have investigated the application of M.G.L. c. 268A to the performance of this Contract;
and by executing the Contract documents the Contractor certifies to the Town that neither
it nor its agents, employees, or subcontractors are thereby in violation of General Laws
Chapter 268A.
12. Certification of Tax Compliance
This Contract must include a certification of tax compliance by the Contractor,as required
by General Laws Chapter 62C,49A(Requirement of Tax Compliance by All Contractors
Providing Goods, Services,or Real Estate Space to the Commonwealth or Subdivision).
13. Discrimination
The Contractor will carry out the obligations of this Contract in full compliance with all of
the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against
Discrimination) and any executive orders, rules, regulations, and requirements of the
Commonwealth of Massachusetts as they may from time to time be amended.
14. Assignment:
Assignment of this Contract is prohibited,unless and only to the extent that assignment is
provided for expressly in the Contract documents.
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15. Condition of Enforceability Against the Town:
This Contract is only binding upon,and enforceable against,the Town if. (1)the Contract
is signed by the Town Manager or its designee; and (2) endorsed with approval by the
Town Accountant as to appropriation or availability of funds; and (3) endorsed with
approval by the Town Counsel as to form.
16. Corporate Contractor:
If the Contractor is a corporation,it shall endorse upon this Contract(or attach hereto) its
Clerk's Certificate certifying the corporate capacity and authority of the party signing this
Contract for the corporation. Such certificate shall be accompanied by a letter or other
instrument stating that such authority continues in full force and effect as of the date the
Contract is executed by the Contractor. This Contract shall not be enforceable against the
Town of North Andover unless and until the Contractor complies with this section.
The Contractor, if a foreign corporation, shall comply with the provisions of the General
Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in
addition thereto, relating to the appointment of the Commissioner of Corporations as its
attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly
authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall
comply with all the laws of the Commonwealth.
17. Liability of Public Officials:
To the full extent permitted by law, no official, employee, agent or representative of the
Town of North Andover shall be individually or personally liable on any obligation of the
Town under this Contract.
18. Indemnification:
The Contractor shall indemnify,defend and save harmless the Town,the Town's officers,
agents and employees, from and against any and all damages, liabilities, actions, suits,
proceedings, claims, demands,losses, costs, expenses,recoveries and judgments of every
nature and description (including reasonable attorneys' fees) incurred by, brought or
recovered against them that may arise in whole or in part out of or in connection with the
services being performed or to be performed, and out of any negligent act or omission by
the Contractor,its employees,agents,subcontractors,material men,and anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by any party indemnified hereunder. The
existence of insurance shall in no way limit the scope of the Contractor's indemnification
under this contract.
19. Documents,Materials,Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the
Contractor under this Contract are to be kept confidential and shall not be made available
to any individual or organization by the Contractor(except agents, servants,or employees
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of the Contractor) without the prior written approval of the Town, except as otherwise
required by law. The Contractor shall comply with the provisions Chapter 66A of the
General Laws of Massachusetts as it relates to public documents, and all other state and
federal laws and regulations relating to confidentiality, security, privacy and use of
confidential data.
A hard copy and an electronic copy (if requested by the Town) of Contractor's drawings,
plans,specifications and other similar documents,whether in written,graphic or electronic
form, shall be delivered to the Town. If there is a discrepancy between the electronic files
and the hard copies,the hard copies shall govern.
The Town shall have unlimited rights,for the benefit of the Town,in all drawings,designs,
specifications, notes and other work developed in the performance of this contract
including the right to use same on any other Town projects without additional cost to the
Town; and with respect thereto the Contractor agrees and hereby grants to the Town an
irrevocable royalty-free license to all such data which the Contractor may cover by
copyright and to all designs as to which it may assert any rights or establish any claim
under any patent or copyright laws. The Contractor shall not be responsible for changes
made in the documents by others without the Contractor's authorization,nor for the Town's
use of the document on projects other than the project which is the subject of this Contract,
unless this is a contract for design services for a master plan or prototype.
20. Audit.Inspection and Recordkeeping
At any time during normal business hours, and as often as the Town may deem it
reasonably necessary,there shall be available in the office of the Contractor for the purpose
of audit,examination,and/or to make excerpts or transcript all records,contracts,invoices,
materials,payrolls,records of personnel,conditions of employment and other data relating
to all matters covered by this Agreement.
22. Payment
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth
in the Contractor's bid or proposal within thirty(30)days of receipt of an invoice detailing
the work completed and acceptance from the Town of the work completed.
23. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation
contained in this Contract may be made only by written amendment executed by all
signatories to the original Agreement,prior to the effective date of the amendment.
To the extent allowed by law, any conditions, duties, and obligations contained in this
Contract may be waived only by written Agreement by both parties.
Forbearance or indulgence in any form or manner by a party shall not be construed as a
waiver,nor in any manner limit the legal or equitable remedies available to that party. No
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waiver by either party of any default or breach shall constitute a waiver of any subsequent
default or breach of a similar or different matter.
24. Forum and Choice of Law
This Contract and any performance herein shall be governed by and be construed in
accordance with the laws of the Commonwealth of Massachusetts. Any and all
proceedings or actions relating to subject matter herein shall be brought and maintained in
the courts of the Commonwealth or the federal district court sitting in the Commonwealth,
which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to
limit any other legal rights of the parties.
25. Notices
Any notice permitted or required under the provisions of this Contract to be given or served
by either of the parties hereto upon the other party hereto shall be in writing and signed in
the name or on the behalf of the party giving or serving the same. Notice shall be deemed
to have been received at the time of actual service or three(3)business days after the date
of a certified or registered mailing properly addressed. Notice to the Contractor shall be
deemed sufficient if sent to the address set forth in the Contract and to the Town of North
Andover by being sent to the Town Manager,Town Hall, 120 main Street,North Andover,
Massachusetts 01845.
26. Binding on Successors:
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or
successors in interest(and where not corporate,the heirs and estate of the Contractor).
27. Contract Amendments:
Any change in the scope of services or contract price shall be made only by a written
contract amendment executed by the Town and the Contractor.
28. Minimum Wage:
The Contractor will carry out the obligations of this Contract in full compliance with all of
the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq.
(Minimum Wage Law) and any executive orders, rules, regulations, and requirements of
the Commonwealth of Massachusetts as they may from time to time be amended.
29. Insurance:
Failure to provide and continue in force the following insurance during the period of this
Contract shall be deemed a material breach of this Contract,shall operate as an immediate
termination thereof, and Contractor shall indemnify the Town for all losses, claims, and
actions resulting from the failure to provide the insurance required by this Article. The
Contractor shall furnish to the Town evidence of such insurance prior to the execution of
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this Contract before the same shall be binding on the parties thereto,except if specifically
waived by the Town.
a. The Contractor shall provide by insurance for the payment of compensation and the
furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts
(The Worker's Compensation Act)to all employees of the Contractor who are subject
to the provisions of Chapter 152 of the General Laws of Massachusetts.
b. Broad Form commercial general liability insurance with limits of at least $1 Million per
occurrence and$2 Million aggregate,or such other amount as the Town may require,and which
shall cover bodily injury,death,or property damage arising out of the work.
c. Automobile Liability Insurance, including coverage for owned, hired or borrowed vehicles
with limits of at least $1M each person/each occurrence or a combined single limit of$1
Million.
d. Professional liability insurance covering errors,omissions and acts of the Contractor or of any
person or business entity for whose performance the Contractor is legally liable arising out of
the performance of the contract. The total amount of such insurance shall at a minimum equal
one million dollars or such larger amounts as the Town may require for the applicable period
of limitations. The Contractor shall obtain such insurance coverage at its own expense and
provide certificates of insurance to the Town prior to the execution of the Contract.
e. The intent of the Contract provisions regarding insurance is to specify minimum coverage and
minimum limits of liability acceptable under the Contract. However, it shall be the
Contractor's responsibility to purchase and maintain insurance of such character and in such
amounts as will adequately protect it and the Town from and against all claims,damages,losses
and expenses resulting from exposure to any casualty liability in the performance of the work.
f. All required insurance shall be certified by a duly authorized representative of the insurers on
the"NE IA"or"ACORD"Certificate of Insurance form incorporated into and made a part of
this Agreement. Properly executed certificates signifying adequate coverage in effect for the
duration of the contract with renewal certificates issued not less than 30 days prior to expiration
of a policy period,must be submitted to the Town prior to commencement of this agreement.
g. The Town shall be named as an additional insured on the above-referenced liability policies
and the Contractor's insurance coverage shall be the primary coverage. The cost of such
insurance,including required endorsements or amendments,shall be the sole responsibility of
the Contractor.
30. Complete Contract:
This instrument,together with the other components of the contract documents,constitutes
the entire contract between the parties, with no agreements other than those incorporated
herein.
IN Wnwos WHExsoF the parties have hereto and to two other identical instruments set
forth their hands the day and year first above written.
(Rev 2019)Contract by and between the Town of North Andover and Woodard&Curran Page 9
THE TOWN THE CONTRACTOR
Woodard&Curran
ivision/Department Head Company Name
Town Manager Date Aiggnature Date
Print Name &Title
APPROVED AS TO FORM:
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wn Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
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Town74countant Date
(Rev 2019)Contract by and between the Town of North Andover and Woodard&Curran Page 10
Woodard & Curran Proposal Dated February 14, 2020
WOODARD&CURRAN
Town of North Andover,Massachusetts
Proposal
Engineering Services for
Osgood Street Sewer Project Force Main
Within
1200 Osgood Street Massworks Infrastructure Grant Project Limits
February 14,2020
SCOPE OF SERVICES
Woodard & Curran will provide design, bidding and construction phase engineering and resident project
representative (RPR)services to the Town (Client)for the Osgood Street Sewer Project force main within
the 1200 Osgood Street Massworks Infrastructure Grant project limits in Osgood Street. The project
generally consists of approximately 2,300 linear feet of new force main in Osgood Street as shown on 25%
design drawing Sheets 4, 5 and 6 dated February 2020 titled Osgood Street Force Main Plan, Town of
North Andover, MA Osgood Street Sewer&Pump Station Project. It is anticipated that the project will be bid
under Massachusetts General Law(MGL)Chapter 30 Section 39M.
PHASE 1.0 DESIGN AND BIDDING
Design and Bidding services shall Include:
1. Project Management-This task occurs concurrently with the steps outlined below and includes
those tasks necessary to inform the Town of the project's needs; monitor and control the design
process;coordinate information and meetings;coordinate with subcontractors and in-house design
staff,, reach timely decisions to meet the project schedule; reports to the Town on the progress of
the project and status of schedule and budget;and technical oversight of project activities.
2. Develop Design Flows-Confirm the design flow for the pump station based on previous reports
prepared for the Town and new data provided to the Town for the proposed re-development of
1600 Osgood Street.
3. Design Basis Report-Prepare a Design Basis Report(DBR)which will present the pump station
and force main design criteria including site layout,wet well design,force main diameter,pump and
motor size, and cost estimate. It is assumed that the pump station will be of the submersible type
located on Osgood Street on the property of 1600 Osgood Street, as shown on 25% design
drawing Sheet C-200 dated August 1,2019 titled Osgood Street Plan,Town of North Andover,MA
Osgood Street Sewer&Pump Station Project provided to the Town by Woodard&Curran for the
Massworks grant application, and the force main will be located in Osgood Street and Sutton
Street, discharging in Sutton Street, as shown on the above referenced 25% design drawing
Sheets C-200 to C-205. The DBR will be delivered to the Town as a draft report and will be
finalized once comments are received from the Town.
4. Design—The force main will be designed based on topography, required capacity, and industry-
standard design practice in accordance with the approved DBR.The force main will be designed to
tie into a future force main at both ends as shown in the DBR. Design drawings will utilize survey
provided by the Town.
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5. Design Documents- Design documents based upon the Final DBR will be prepared and include
drawings, details and technical specifications in a package suitable for use by the Town in
awarding the construction contract to a contractor providing on-call services to Town. Drawings will
depict the work to be done at a scale of 1'equals 40'horizontal and 1'equals 4'vertical for plan
and profile sheets. Detail sheets and special plans shall be at scales as determined by W&C.
Specifications shall utilize the Engineers Joint Contract Documents Committee (EJCDC) format,
and MassDOT as required. Drawings will be provided to the Town for review from time to time as
the design progresses, in order to review progress and solicit input from Town Engineering,
Division staff on the design. Town comments will be incorporated into the design as mutually
agreed upon.
6. Bidding Documents—It is assumed that the project will be bid under Massachusetts General Law
(MGL) Chapter 30 Section 39M, and bidding documents will utilize EJCDC format and Town
standard format,and will include MassDOT requirements as necessary.
7. Bidding Services—It is assumed that the Town Wil bid the project under Massachusetts General
Law(MGL)Chapter 30 Section 39M,and W&C will provide services required to advertise,bid and
recommend award of the Contract.Specific tasks under bidding and award services include:
1. Printing and distribution up to 5 sets of Bidding Documents and providing an
electronic copy for use in bidding.
2. Advertising project in local paper and Dodge Reports;the cost for advertisement
in a local paper shall be paid directly by the Town.
3. Receive and process Contractor deposits and refund back to Town those
deposits Bidders relinquish.
4. Answering questions during bidding.
5. Issue up to two addenda if required.
6. Attend one pre-bid conference.
7. Attend one bid opening.
8. Tabulate and check bids.
9. Review bids,solicit references from the apparent low bidder and make
recommendation to Town regarding award.
10. Prepare Notice of Award and Notice to Proceed.
11. Prepare draft agreement between Town and successful bidder for review by
Town Counsel.
Task 7 will be considered complete upon submission of Notice to Proceed to Contractor.
8. Permitting and Approvals—It is assumed that the Town will obtain all approvals for the project.
W&C will provide drawings and specifications as required to support permit applications or
submittals.
9. Deliverables—Deliverables will include:
a. Four(4)copies each of the Draft and Final Design Basis Report
b. Copies of Progress Drawings as necessary
C. Drawings and specifications required to support permit applications or submittals
d. Four(4)copies each of the Final Design Documents
Deliverables will be provided in paper and electronic format as requested by the Town or as
required.
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10. Police Details- Engineer and/or Engineer's subcontractors will coordinate police details that may
be required for various aspects of the design. Police detail costs shall be paid directly by the Town
and is not included herein.
PHASE 2.0 CONSTRUCTION PHASE
Construction Phase services shall include:
1. General Supervision: During the construction phase the following engineering services will be
provided:
1.1 Consult with the Town(Client)and act as Client's representative as provided in the Standard
General Conditions of the Engineers Joint Contract Documents Committee(EJCDC)
Construction Contract. The extent and limitations of the duties,responsibilities and authority
of W&C as assigned in said EJCDC General Conditions shall not be modified,except as
W&C and the Client may otherwise agree in writing. All of Client's instructions to Contractor
will be issued through W&C,who shall have authority to act on behalf of Client in dealings
with Contractor to the extent provided in this Proposal and said General Conditions except as
otherwise provided in writing or as agreed to by the Client and W&C.
1.1.1 Participate in one pre-construction conference prior to commencement of Work at the
Site.
1.1.2 Participate in monthly construction meetings as necessary.
1.1.3 In connection with observations of Contractor's work in progress while it is in progress:
1.1.3.1 Make visits to the site at intervals appropriate to the various stages of construction,
as W&C deems necessary,in order to observe as an experienced and qualified
design professional the progress and quality of the Work. These visits are in addition
to the resident engineering services provided under paragraph 2.1. Such visits and
observations by W&C are not intended to be exhaustive or to extend to every aspect
of Contractor's work in progress or to involve detailed inspections of Contractor's
work in progress beyond the responsibilities specifically assigned to W&C in this
Proposal and the Contract Documents,but rather are to be limited to spot checking,
selective sampling,and similar methods of general observation of the Work based on
W&C's exercise of professional judgment. Based on information obtained during
such visits and such observations,W&C will determine in general if Contractor's work
is proceeding in accordance with the Contract Documents and shall keep Client
informed of the progress of the Work. W&C shall certify to the Client at the
completion of the project that the implementation of the project is in general
accordance with the Contract Documents.
1.1.3.2 The purpose of W&C's visits to the Site will be to enable W&C to better cant'out the
duties and responsibilities assigned to and undertaken by W&C during the
Construction Phase,and,in addition,by the exercise of W&C's efforts as an
experienced and qualified design professional,to provide for Client a greater degree
of confidence that the completed Work will conform in general to the Contract
Documents and that the integrity of the design concept of the completed Project as a
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WOODARD&CURRAN
functioning whole as indicated in the Contract Documents has been implemented and
preserved by Contractor. W&C shall not,during such visits or as a result of such
observations of Contractor's work in progress,supervise,direct,or have control over
Contractor's work,nor shall W&C have authority over or responsibility for the means,
methods,techniques,sequences,or procedures of construction selected by
Contractor,for safety precautions and programs incident to Contractors work,or for
any failure of Contractor to comply with Laws and Regulations applicable to
Contractors furnishing and performing the Work. Accordingly,W&C neither
guarantees the performance of any Contractor nor assumes responsibility for any
Contractors failure to furnish and perform its work in accordance with the Contract
Documents. Up to 16 hours have been budgeted for visits to the Site based on an
estimated construction period of 1?n months.
1.1.4 Recommend to Client that Contractors work be disapproved and rejected while it is in
progress,if on the basis of such observations,W&C believes that such work will not
produce a completed Project that conforms generally to the Contract Documents or that it
will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents,
1.1.5 Issue necessary clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of Contractor's work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. W&C may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
1.1.6 Recommend Change Orders and Work Change Directives to Client,as appropriate,and
prepare Change Orders and Work Change Directives as required.
1.1.7 Review and approve or take other appropriate action in respect to Shop Drawings and
Samples and other data which Contractor is required to submit,but only for conformance
with the information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated in the Contract
Documents.Maintain a detailed log of all necessary submittals and submit the status of
such log to the Client and the RPR at regularly scheduled job site meetings.Such reviews
and approvals or other action will not extend to means,methods,techniques,sequences
or procedures of construction or to safety precautions and programs incident thereto.
Shop drawing review and approval shall be done in a timely manner so not to interfere
with the contractors ability to maintain the construction schedule.
1.1.8 Evaluate and determine the acceptability of substitute or'or equal"materials and
equipment proposed by Contractor.
1.1.9 Require such special inspections or tests of Contractor's work as deemed reasonably
necessary,and receive and review all certificates of inspections,tests,and approvals
required by Laws and Regulations or the Contract Documents. W&C's review of such
certificates will be for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not constitute an independent
evaluation that the content or procedures of such inspections,tests,or approvals comply
with the requirements of the Contract Documents. W&C shall be entitled to rely on the
results of such tests.
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1.1.10 Render formal written decisions on all claims of Client and Contractor relating to the
acceptability of Contractor's work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of Contractor's work. In rendering
such decisions,W&C shall be fair and not show partiality to Client or Contractor and shall
not be liable in connection with any decision rendered in good faith in such capacity.
1.1.11 Based on W&C's observations as an experienced and qualified design professional and
on review of Applications for Payment and the accompanying supporting documentation:
1.1.11.1 Determine the amounts that W&C recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute W&C's
representation to Client,based on such observations and review,that,to the best of
W&C's knowledge,information and belief,Contractor's work has progressed to the
point indicated,the quality of such work is generally in accordance with the Contact
Documents(subject to an evaluation of such work as a functioning whole prior to or
upon Substantial Completion,to the results of any subsequent tests called for in the
Contract Documents and to any other qualifications stated in the recommendation),
and the conditions precedent to Contractor's being entitled to such payment appear
to have been fulfilled in so far as it is W&C's responsibility to observe Contractor's
work. In the case of unit price work,W&C's recommendations of payment will
include final determinations of quantities and classifications of Contractor's work
(subject to any subsequent adjustments allowed by the Contract Documents). The
responsibilities of W&C contained in paragraph 1.1.11.1 are expressly subject to the
limitations set forth in paragraph 1.1.11.2 and other express or general limitations in
this Proposal and elsewhere.
1.1.11.2 By recommending any payment W&C shall not thereby be deemed to have
represented that on-site observations made by W&C to check the quality or quantity
of Contractor's work as it is performed and furnished have been exhaustive,
extended to every aspect of the work in progress,or involved detailed inspections of
the work beyond the responsibilities specifically assigned to W&C in this Proposal
and the Contract Documents. Neither W&C's review of Contractor's work for the
purposes of recommending payments nor W&C's recommendation of any payment
including final payment will impose on W&C responsibility to supervise,direct or
control Contractor's work in progress or for the means,methods,techniques,
sequences or procedures of construction or safety precautions or programs incident
thereto,or Contractor's compliance with Laws and Regulations applicable to
Contractor's furnishing and performing the work. It will also not impose
responsibility on W&C to make any examination to ascertain how or for what
purposes Contractor has used the moneys paid on account of the Contract Price,or
to determine that title to any portion of the work in progress,materials or equipment
has passed to Client free and dear of any liens,claims,security interests or
encumbrances,or that there may not be other matters at issue between Client and
Contractor that might affect the amount that should be paid.
1.1.12 Contractor's Completion Documents:Receive and review maintenance and operating
instructions,schedules,and guarantees.
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1.1.12.1 Receive bonds,certificates or other evidence of insurance required by the Contract
Documents,certificates of inspection,tests and approvals,Shop Drawings,
Samples and other data approved as provided under paragraph 1.1.7,and the
annotated record documents which are to be assembled by Contractor in
accordance with the Contract Documents to obtain final payment. The extent of
such W&C's review will be limited as provided herein.
1.1.12.2 W&C shall transmit all Contractor completion documents to the Client.
1.1.13 Following notice from Contractor that Contractor considers the entire Work ready for its
intended use,in company with Client and Contractor,conduct an inspection to determine
If the Work is Substantially Complete. If after considering any objections of Client,W&C
considers the work Substantially Complete,W&C shall deliver a certificate of Substantial
Completion to Client and Contractor for execution.
1.1.14 W&C shall conduct a final inspection to determine if the completed work of Contractor is
acceptable so that W&C may recommend,In writing,final payment to Contractor.
Accompanying the recommendation for final payment,W&C shall provide notice that the
Work is acceptable(subject to the provisions of paragraph 1.1.11.2)to the best of the
W&C's knowledge,information and belief and based on the extent of the services
provided by W&C under this Proposal.
2. Resident Project Representative: During the construction phase the following services will be
provided:
2.1 Provide and maintain a competent Resident Project Representative(RPR)for the Project under
the direction of a licensed professional engineer. W&C shall provide up to 325 hours of a RPR
at the Site to provide observation of the Contractor's work within a projected construction
schedule of 2 months. Duties, responsibilities, and authority of the RPR are as set forth in
Exhibit A. The furnishing of such RPR's services will not extend W&C's responsibilities or
authority beyond the specific limits set forth elsewhere in this Proposal.
3. Record Plans: During the construction phase the following engineering services will be provided:
3.1 Prepare a set of reproducible record drawings showing record information,which W&C
considers significant based on the Drawings,Shop Drawings,and other record documents
furnished by the Contractor to W&C,which were annotated by Contractor to show all changes
made during construction. An electronic version shall also be delivered to the Client. W&C will
not be responsible for any errors in or omissions in the information provided by Contractor that
is incorporated in the record drawings or other record documents.
The following construction related activities are not included and will require additional compensation:
1. Services in connection with Work Change Directives and Change Orders to reflect changes
requested by Client so as to make the compensation commensurate with the extent of the
Additional Services rendered.
2. Services in making revisions to Drawings and Specifications requested by the Client during
construction.
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3. Preparing to serve or serving as a consultant or witness for Client in any litigation,arbitration or
other dispute resolution process related to the project.
FEE
The Client acknowledges that W&C's level of effort is a function of many factors depending on the duration
of the construction, Contractor's style and schedule, amount of activity during the warranty period, and
Client requests for services, as examples. The budget was prepared based on a projected 2-month
construction period.
Compensation for the Engineering Services described herein will be based upon the following budgets that
are not to be exceeded without prior written authorizations. If the construction schedule extends beyond the
2 month period, project budgets will be reviewed and a request for an adjustment may be submitted. The
budget for each phase of service is as follows:
Phase/Task Budget Compensation/Billing Method
Construction
Task 1.0 Design and Bidding $73,000 Lump Surn,'Percent Complete
Task 2.1 General Supervision $38,400 Lump Sum/Percent Complete
Task 2.2 Resident Project Representative $47,400 Time&kA
Materials
Task 2.3 Rewrd Plans $7,200 Lump Sum/Percent Complete
Total Amount $156,600
The estimated fee for our services under this proposal is $156,600 and will not be exceeded without
approval by the Client.
Compensation is either lump sum billed by percent complete or time and materials as noted in the table
above.Lump sum Tasks 1.0,2.1 and 2.3 will be invoiced monthly on a percent complete basis.Task 2.2 will
be invoiced monthly on a time and materials basis.
SCHEDULE
Work shall commence on receipt of your Notice to Proceed. Design services will be completed within 60
calendar days from receipt of the Notice to Proceed and all services will be completed within 180 calendar
days from receipt of the Notice to Proceed,unless otherwise agreed to by the Town.
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