HomeMy WebLinkAboutContract #: 1305 - From: 06-25-2020 To: 08-01-2020 - Gale Associates - Facilities TOWN OF NORTH ANDOVER
CONTRACT
(GOODS / 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: Gale Associates, Inc.
Address: 163 Libbey Parkway
Weymouth, MA 02189
Telephone Number: 603-471-1887
Email: ejs@gainc.com
1. This is a Contract for the procurement of the following:
Engineering consulting services for evaluation of the roof and rising wall systems at the Anne
Bradstreet Early Childhood Center as per the attached scope of services.
2. The Contract price to be paid to the Contractor by the Town of North Andover is as
follows:
$13,400.00
3. Payment will be made as follows:
Upon completion of services and receipt of invoice (net 30)
4. Definitions
4.1 Acceptance:All Contracts require proper acceptance of the described goods or
services by the Town of North Andover. Proper acceptance shall be understood to
include inspection of goods and certification of acceptable performance for services
by authorized representatives of the Town to insure that the goods or services are
complete and are as specified in the Contract.
4.2 Contract Documents: All documents relative to the Contract including(where used)
Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal
Form, General Conditions, Supplementary General Conditions, General
Specifications, Other Specifications included in Project Manual, Drawings, and all
Addenda issued during the bidding period or proposal. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for
by all. The intention of the document is to include all labor and materials, equipment
and transportation necessary for the proper performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term shall
(as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term"Contractor"shall be understood to refer to any other such label used.
The Contractor's relationship to the Town is that of an independent contractor and
not that of an agent or employee of the Town.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents, as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies or Materials.
4.6 Sub-Contractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
5. Term of Contract and Time for Performance
This Contract shall be fully performed by the Contractor in accordance with the provisions
of the Contract Documents on or before August 1, 2020, unless extended for an additional
year at the sole discretion of the Town, and not subject to assent by the Contractor, and
subject to the availability and appropriation of funds as certified by the Town Accountant.
The time limits stated in the Contract documents are of the essence of the Contract.
6. Subject to Appropriation
Notwithstanding anything in the Contract documents to the contrary, any and all payments
which the Town is required to make under this Contract shall be subject to appropriation or
other availability of funds as certified by the Town Accountant. The Town may immediately
terminate or suspend this Agreement without liability on the part of the Town for damages,
penalties or other charges in the event the appropriation funding this Agreement is terminated
4.2 Contract Documents: All documents relative to the Contract including(where used)
Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal
Form, General Conditions, Supplementary General Conditions, General
Specifications, Other Specifications included in Project Manual, Drawings, and all
Addenda issued during the bidding period or proposal. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for
by all. The intention of the document is to include all labor and materials, equipment
and transportation necessary for the proper performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term shall
(as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term"Contractor"shall be understood to refer to any other such label used.
The Contractor's relationship to the Town is that of an independent contractor and
not that of an agent or employee of the Town.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents, as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies or Materials.
4.6 Sub-Contractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
5. Term of Contract and Time for Performance
This Contract shall be fully performed by the Contractor in accordance with the provisions
of the Contract Documents on or before August 1, 2020, unless extended for an additional
year at the sole discretion of the Town, and not subject to assent by the Contractor, and
subject to the availability and appropriation of funds as certified by the Town Accountant.
The time limits stated in the Contract documents are of the essence of the Contract.
6. Subject to Appropriation
Notwithstanding anything in the Contract documents to the contrary, any and all payments
which the Town is required to make under this Contract shall be subject to appropriation or
other availability of funds as certified by the Town Accountant. The Town may immediately
terminate or suspend this Agreement without liability on the part of the Town for damages,
penalties or other charges in the event the appropriation funding this Agreement is terminated
or reduced to an amount which will be insufficient to support anticipated future obligations
under this Agreement.
7. Permits and ADvrovals
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 and Default
8.1 Without Cause. The Town may terminate this Contract at its sole discretion 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.
8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or
condition of this 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.
8.3 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 term of this Contract,
including, but not limited to, the provision of insurance and non-discrimination,
(vii) any other acts specifically and expressly stated in this Contract as constituting
a basis for termination of this Contract, and (viii) failure to comply with any and
all requirements of federal or state law and/or regulations, and Town bylaws 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
10.1 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 the Massachusetts General Laws
are incorporated by reference into this Contract, including, but not limited to, the
following:
M.G.L. Chapter 30B—Procurement of Goods and Services.
M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts.
M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts.
10.2 Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract,then it shall be understood that this Agreement shall 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.
10.3 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.
10.4 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, Scope of Business or Contract for this work in violation of
any such law, by-law, regulation, order or decree, it 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 it or its agents,
employees or subcontractors of any such law, by-law, regulation or decree.
11. Conflict of Interest
Both the To and the Contractor acknowledge the provisions of the State Conflict of
Interest Law(General Laws c268A),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. c268A 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 Tg2L Compliance
This Contract must include a certification of tax compliance by the Contractor, as required
by General Laws c62C, Section 49A (Requirement of Tax Compliance by All Contractors
Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).
13. Affirmative Action• Non-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 c151B (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.
The Contractor shall comply with all federal and state laws, rules and regulations promoting
fair employment practices or prohibiting employment discrimination and unfair labor
practices and shall not discriminate in the hiring of any applicant for employment nor shall
any qualified employee be demoted, discharged or otherwise subject to discrimination in the
tenure, position, promotional opportunities, wages, benefits or terms and conditions of their
employment because of race, color, national origin, ancestry, age, sex, religion, disability,
handicap, sexual orientation or for exercising any rights afforded by law.
14. Condition of Enforceability Against the Town
This Contract is only binding upon, and enforceable against,the To 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
To Counsel as to form.
15. Co orate Contractor
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its
Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other
documentation satisfactory to the Town 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, c181, §3, 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.
16. 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.
17. Indemnification
The Contractor shall indemnify, defend and save harmless the Town, the Town's officers,
attorneys, 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) that may arise in whole
or in part out of or in connection with the work being performed or to be performed, or out
of any 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 Contractor further agrees to reimburse the To for damage to its property
caused by the Contractor, its employees, agents, subcontractors or material men,and anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable, including damages caused by his, its' or their use of faulty, defective, or unsuitable
material or equipment,unless the damage is caused by the Town's gross negligence or willful
misconduct. The existence of insurance shall in no way limit the scope of the Contractor's
indemnification under this contract.
18. Workers Compensation Insurance
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.
Failure to provide and continue in force such insurance during the period of this Contract
shall be deemed a material breach of this Contract, shall operate as an immediate termination
thereof, and the 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 this Contract in a form satisfactory to the Town before the same shall be binding on the
parties thereto, except if specifically waived by the Town.
18.1 The Contractor further understands and agrees that in rendering services to the town
under this Contract that the Contractor is an independent contractor and not an
employee of the Town, that the Contractor is not covered by the Town's Workers'
Compensation, or liability insurance, that the Contractor shall not make any claim
against the Town, its officers, agents and employees and that the Contractor
indemnifies,holds harmless,and releases the Town from any claims of the Contractor
or of any other party that may arise in whole or in part out of or in connection with
the work being performed by the Contractor.
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 of
the Contractor)without the prior written approval of the Town, except as otherwise required
by law. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of
the General Laws of Massachusetts as they relates to public documents, and all other state
and federal laws and regulations relating to confidentiality, security, privacy and use of
confidential data.
Any materials produced in whole or in part under this Contract shall not be subject to
copyright, except by the Town, in the United States or any other country. The Town shall
have unrestricted authority to,without payment of any royalty,commission, or additional fee
of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and
authorize others to use,in whole or in part, any reports,data or other materials prepared under
this Contract.
All data, reports, programs, software, equipment, furnishings, and any other documentation
or product paid for by the Town shall vest in the Town. The Contractor shall at all times,
during or after termination of this Contract, obtain the prior written approval of the Town
before making any statement bearing on the work performed or data collected under this
Contract to the press or issues any material for publication through any medium.
20. Confidentiality
The Contractor shall comply with M.G.L. c66A if the Contractor becomes a "holder" of
"personal data". The Contractor shall also protect the physical security and restrict any
access to personal or other Town data in the Contractor's possession, or used by the
Contractor in the performance of this Contract, which shall include, but is not limited to the
Town's public records, documents, files, software, equipment or systems.
21. Record-Keeping and Retention, Inspection of Records
The Contractor shall maintain records,books,files and other data as specified in this Contract
and in such detail as shall properly substantiate claims for payment under this Contract, for
a minimum retention period of seven (7) years beginning on the first day after the final
payment under this Contract, or such longer period as is necessary for the resolution of any
litigation, claim, negotiation, audit or other inquiry involving this Contract. The Town shall
have access during the Contractor's regular business hours and upon reasonable prior notice,
to such records, including on-site reviews and reproduction of such records at a reasonable
expense.
22. Assignment
The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any
liability, responsibility, obligation, duty or interest under this Contract without the written
approval of the Town.
23. Subcontracting By Contractor
Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations
under this Contract must be in writing, authorized in advance by the Town and shall be
consistent with and subject to the provisions of this Contract. Subcontracts will not relieve
or discharge the Contractor from any duty,obligation,responsibility or liability arising under
this Contract. The Town is entitled to copies of all subcontracts and shall not be bound by
any provisions contained in a subcontract to which it is not a party.
24. Risk of Loss
The Contractor shall bear the risk of loss for any Contractor materials used for this Contract
and for all deliveries, and personal or other data which is in the possession of the Contractor
or used by the Contractor in the performance of this Contract until possession, ownership
and full legal title to the deliverables are transferred to and accepted by the Town.
25. Minimum Wage/Prevailing 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 c151, §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. The Contractor will at all times
comply with the wage rates as determined by the Commissioner of the Department of Labor
and Industries, under the provisions of General Laws c149, §§26 to 27D (Prevailing Wage
Law), as shall be in force and as amended. The Contractor will, in addition to any other
submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the
Town with the information described in General Laws 049, §27B.
26. 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.
27. 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.
28. 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 Contract, 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
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.
29. 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 of Massachusetts, which shall have exclusive jurisdiction thereof. This
paragraph shall not be construed to limit any other legal rights of the parties.
30. 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.
31. 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).
32. Complete Contract
This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.
33. Contractor Certifications
33.1 By signing this contract, the Contractor certifies under the penalties of perjury that
pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns,
paid all taxes and complied with all laws of the Commonwealth relating to taxes; and
that pursuant to General Laws c 151 A, §19 , the Contractor has complied with all
laws of the Commonwealth relating to contributions and payments in lieu of
contributions.
33.2 By signing this contract, the Contractor certifies under the penalties of perjury that
this contract has been obtained in good faith and without collusion or fraud with any
other person. As such in this certification,the word"person"shall mean any natural
person, business, partnership, corporation, union, committee, client or other
organization, entity or group of individuals.
33.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain
qualified to perform this Contract, that performance shall be timely and meet or
exceed industry standards for the performance required,including obtaining requisite
licenses, registrations, permits, resources for performance, and sufficient
professional, liability, and other appropriate insurance to cover the performance. If
the Contractor is a corporation,the Contractor certifies that it is in good standing with
the office of the Secretary of State. If the Contractor is a foreign business, the
Contractor certifies that it is listed under the Secretary of State's website as licensed
to do business in Massachusetts, as required by law.
33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies
that performance under this Contract,in addition to meeting the terms of the Contract,
will be made using ethical business standards and good stewardship of taxpayer and
other public funding and resources to prevent fraud, waste and abuse.
33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are
currently debarred or suspended by the federal or state government under any law or
regulations including, Executive Order 147, M.G.L. c29, §29F, M.G.L. c30, §39R,
M.G.L. 049, §27C, M.G.L. 049, §44C, M.G.L. c149, §148B and M.G.L. 052,
§25C.
34. Additional Provisions:
34.1 Applicable to Contracts for the Procurement of Goods
34.1.1 "Goods" shall mean Goods, Supplies, or Materials, as described in the
Contract.
34.1.2 Change Orders:
Change orders for contracts subject to M.G.L. c30B may not increase the total
contract price by more than twenty-five (25.0%) percent and shall be in compliance
with Massachusetts General Laws c30B, §13.
This Contract for purchase includes the following delivery, installation or setup
requirements:
34.2 Applicable to Contracts for Services
34.2.1 "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.
34.2.2 Change Orders:
Change orders for contracts subject to Massachusetts General Laws c30B
may not increase the total contract price by more than twenty-five (25%) per
cent and shall be in compliance with Massachusetts General Laws c30B, §13.
34.2.3 Minimum Wage/Prevailing 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 c151, §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. The Contractor will at all times
comply with the wage rates as determined by the Commissioner of the
Department of Labor and Industries, under the provisions of General Laws
c149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as
amended. The Contractor will, in addition to any other submissions required
by the Prevailing Wage Law, submit certified weekly payrolls to the Town
with the information described in General Laws c 149, §27B.
34.2.4 Insurance:
The Contractor shall obtain and maintain the following insurance:
34.2.4.1 Workers Compensation Insurance of the scope and amount required
by the laws of the Commonwealth of Massachusetts.
34.2.4.2 Broad Form Commercial General Liability coverage with limits of
at least $1 Million per occurrence and $2 Million aggregate, and
which shall cover bodily injury, death, or property damage arising
out of the work.
34.2.4.3 Automobile Liability Coverage, including coverage for owned,
hired, or borrowed vehicles with limits of at least $1 Million per
person, and $1 Million per accident. The intent of the Specifications
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.
34.2.4.3 All required insurance shall be certified by a duly authorized
representative of the insurers on the "MIIA" 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 Contract.
34.2.4.4 The Town shall be named as an additional insured on the above
referenced liability policies, and the Contractor's insurance shall be
the primary coverage. The cost of such insurance,including required
endorsements or amendments, shall be the sole responsibility of the
Contractor.
34.2.4.5 Contractual liability must recognize the indemnities contained in
this Agreement.
34.2.4.6 Coverages are to be maintained for a period of two (2) years after
final payment.
34.2.4.7 The Contractor shall maintain all required insurance in full force and
effect as required by this Contract or the Contractor shall be in
material breach hereof.
GALE GALE ASSOCIATES, INC.
gmC15 Constitution Drive I Bedford,NH 03110-6042
P 603.471.1887 F 603.471.1809
www.galeassociates.com
May 15,2020
Town of North Andover
Facilities Department
384 Osgood Street
North Andover, MA 01845
Attn: Mr.Stephen Foster, Facilities Director
C: (978) 305-5850
E:sfoster@townofnorthandover.com
Re: Engineering Consulting Services-Evaluation
Roof and Rising Wall Systems at the
Anne Bradstreet Early Childhood Center
115 Phillips Brooks Road, North Andover MA
Gale P05931
Dear Mr. Foster:
Gale Associates,Inc.(Gale)is pleased to present this proposal to provide Engineering Consulting Services
to the Town of North Andover(NA)regarding the above-referenced facility.
PROJECT DESCRIPTION
The Anne Bradstreet Early Childhood Center(ABECC) is a single-story facility, including classrooms and
cafeteria space for pre-school and kindergarten students. Construction of the ABECC facility was
completed in 2018, as an addition to the adjacent Early Childhood Center (ECC) facility. The ABECC
facility consists of multiple 14'-0" wide modular units constructed in Pennsylvania and assembled on
site. The facility's roof consists primarily of a low-slope,white, Elastomeric(EPDM) membrane, with a
steep-sloped standing seam metal roof over the cafeteria. The rising wall between the low-slope EPDM
and the metal cafeteria roof consists of insulated metal wall panels. Two(2)horizontal mechanical ducts
penetrate the wall panels. It is Gale's understanding that the facility is experiencing multiple leaks below
both the EPDM and metal roof area. At this time, NA has requested Gale's services to include a visual
evaluation of the roof systems and to provide repair options for NA's consideration. Gale's observations
will be summarized in a letter report with defect locations noted on roof area plans provided by NA.
We have had the opportunity to briefly discuss the project with NA and to tour the roof and facility.
Based upon our understanding of NA's needs,Gale proposes the following Scope of Services:
• Initiate the project via teleconference to establish the schedule for field services, deliverables,and
to coordinate access and site logistics with NA.
• Review original plans,specifications,reports,and similar data,such as roof system warranties,made
available to Gale for our use and reference by NA. It is our understanding that the available
documents consist of architectural drawings, including a roof plan and roof system product
submittals.
Stephen Foster To LE
Town of North Andover
Re:ABECC Roof and Rising Wall Systems Evaluation
May 15,2020
Page 3
• Option#1: In the event that leak testing is needed/authorized by NA to identify the source of water
infiltration,the additional fee for these services will be$3,100.00.
• Option#2: In the event that EFVM testing is needed/authorized by NA,the additional fee for these
services will be$5,500.00. This fee includes Gale's standard 15%consultant mark-up.
• Gale services will be performed in accordance with our General Terms and Conditions and Schedule
of Fees, dated January 2020,attached.
PROJECT PARAMETERS AND LIMITATIONS
• Gale will be provided complete access to required areas of work at the facility.
• Gale's services will be performed during normal business hours, Monday through Friday.
• Exterior envelope observations and leak testing will be weather dependent.
• If selected by NA, leak testing will be performed in general accordance with a modified AAMA 501.2
test procedure.
• Should staging or hoisting equipment,other than that indicted, be necessary to leak test or observe
inaccessible areas, it will be necessary to arrange an outside independent contractor to provide
these services.The cost for staging/hoisting equipment is not included in this proposal.
• NA will remove and replace interior wall and/or ceiling finishes to allow Gale access to concealed
assemblies during leak testing. Areas requiring removal will be designated by Gale.
• Interior areas may be wetted during testing. Gale will notify NA if wetting occurs. NA will be
responsible for cleaning or drying interior assemblies wetted by the leak testing.
• NA will provide connections for a standard garden hose within 100-feet of each testing location and
with sufficient water pressure to provide 30-psi at the test location.
• Gale will be provided with available documents,as described above,related to the roofing and rising
wall systems, to include a roof area plan, elevations, submittals, details, and other information
pertaining to the construction of the ABECC facility. Gale assumes no liability for the accuracy of
any documents of any type, to include drawings, provided to Gale by NA. Gale will rely on the
accuracy of said documents as provided.
• Our fee does not include:
o Design Services(i.e. preparation of technical specifications,details, and/or plans).
o Bid Phase Services.
o Construction Phase Services.
o Mechanical,electrical,or plumbing engineering.
o Structural engineering.
o Provision of staging,scaffolding, or hoisting equipment.
o Removal and replacement of in-place construction components.
o Specialized material testing of construction components and assemblies.
o Professional cost estimating.
�� ALE
GALE ASSOCIATES,INC. SCHEDULE OF FEES JANUARY 2020
163 Libbey Parkway
Weymouth,Massachusetts 02189
781-335-6465
Fees for services are based on the time worked on the project The following items of direct non-salary expenses shall be
by staff personnel in accordance with the following schedule: billed at Gale's cost plus 15%.
Principal $250/hr 1. Transportation and living expenses incurred for out-of-
Senior Associate $230/hr town projects.
Associate $215/hr
Sr.Project Manager/Sr.Structural Engineer $200/hr 2. Laboratory and field equipment directly identifiable to
Project Manager $180/hr the project and specifically noted in Gale's proposal.
Sr.Engineer/Architect/Planner $165/hr 3. Purchase of specialized equipment and rental of
Drone Pilot $160/hr equipment from outside vendors.
Project Engineer/Designer/Planner/Architect $155/hr
Landscape Architect $145/hr 4. Reproduction of specifications, drawings, reports and
Sr.Staff Engineer/Designer $140/hr photographs beyond what is specifically included in
Staff Engineer/Staff Designer $130/hr Gale's proposal.
Sr.Technician/CAD Designer $125/hr
Technician/CAD Drafter $120/hr S. Computer services provided by outside vendors.
Administrative Professional $115/hr
Clerk/Word Processor/Admin Assistant $100/hr 6. Rental vehicles.
Fees for expert testimony at pre-trial conference,deposition, 7• Contractor and sub-consultant services.
hearing, trial, or any other legal proceeding, including
preparation time for any such testimony,will be billed at 1.5 8. Federal Express and Priority Mail costs when requested
times the hourly rate. by the client.
Fees for expedited services authorized will be billed at 1.5
times the hourly rate.
Overtime will be charged for services for more than 8 hours
per day, including travel, and all services on holidays,
Saturdays,and Sundays.Overtime is charged at a rate of 1.5
times the regular hourly rate.
In the event onsite construction observation services are
provided,the minimum charge for an onsite visit will be 4
hours.
This Schedule of Fees will be utilized for a period of six
months from the date of submission unless otherwise
provided in the Agreement and is subject to revisions at six-
month intervals unless otherwise stipulated in the
Agreement.
Reimbursable Expenses
Automobile expenses for personal or company vehicles will
be charged at$0.55 per mile,plus toll charges for travel from
Gale's office to the project and return and for travel required
in the conduct of work.
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the Gale Associates, Inc.
held on January 30, 2020 it was
VOTED,THAT
Jon F. Lindberg, P.E. President/Principal
(Name) (Officer)
of Gale Associates, Inc. be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said Corporation ,and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of Gale Associates, Inc. on its
behalf by such officer under seal of Gale Associates, Inc. ,shall be valid and binding upon
Gale Associates, Inc.
I hereby certify that I am the clerk of the above named Gale Associates, Inc. and
that Jon F. Lindberg, P.E. is the duly elected officer as above of said
Gale Associates, Inc. and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(2-S 2-C) Z_0
(Date) (Clerk)
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CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee,union, club or other organization, entity, or group of individuals.
Signature Date t'o "Z-S'�--o
Edward J. Stewart, Sr. Associate Gale Associates, Inc.
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
Scott R. Smith ,authorized signatory for Gale Associates, Inc.
Name of individual Name of contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting
child support.
(4k
Sf azure Date