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HomeMy WebLinkAboutContract #: 1392 - From: 12-02-2020 To: 06-30-2021 - weston & Sampson Engineers, Inc. - Water Treatment Plant TOWN OF NORTH ANDOVER CONTRACT NO: STANDARD SHORT FORM CONTRACT DOCUMENT � - Contractor Legal Name: Town Department Name: Weston&Sampson Engineers,Inc. North Andover Water Treatment Plant Contractor Address: Mailing Address: 55 Walkers Brook Drive 420 Great Pond Road Suite 100 North Andover,MA 01005 Reading,MA 01867 Contractor Vendor ID: 2984 Contract Details: Description of Scope(Attach support documentation) Professional Engineering Services for North Andover Water Treatment Plant Ozone Project See attached Scope of Services Begin Date:December 1,2020 End Date:June 30,2021 Rate:$ See attached billing rates Not to Exceed Amount:$19,100 Contract Signatures Finance Director Contractor Department Head Weston&Sampson Engineers,Inc. 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 � w Si nat Signature Tara E.McManus Signature G 1��� ►� Date: 1�` Title:Senior Associate Title: Superintendent 1 Date: 11/24/2020 Date: Town Manager: Town Counsel: Date:_ Date:l TOWN OF NORTH ANDOVER STANDARD CONTRACT GENEmL CONDmoNs' Article L Definition of Terms: The following terms in these Contract Documents shall be construed as follows, ."Town"shall mean the Town ofNorth Andover,Massachusetts 3. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General Conditions,the Invitation for Bids,Requests for Proposals or other solicitation%the contractors response including Contractions and Applications excluding any language stricken by the Town as unacceptable and including any negotiated statements of work contemplated by the solicitation,Technical Propowds,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 T "'s standard contract gmeral conditions which all offier submittals. d:"Contractor"shall mean the individual,partnership,coipoMion&other entity to which s Contract is awarded. Article 111.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 fivm Town premises or work sites and replace all individuals in the Contractor's employ whom the Town determines to be disc careless or irimmpetent or to be employed in violation ofthe 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 ofthe Contractor and accept or reject such goods,deliverable,services or work product* Article UL Time of Performance:. The Contractor shall commence work immediately upon execution ofthb 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 ofthe notice if the work is not proceeding to the satisfaction ofthe Town, the Contractor shall be considered in default in the performance of the Contract This Agreement may be extended or renewed upon agreement ofthe 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 ofthe work to be performed,the Town will promptly notify Contmeter.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 ofthe bid documents as reasonable determined by the Town. Artlele 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 bask Article VI Ownerahin and Confidentiality of Matcrlal,.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 shall 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 ofthe 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 ContracW shall not be responsible for changes made to the drawings,plans,or specifications without the Contractor's authorization,nor for the Town's use ofthe 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 contra& The Contractor shall not use such materials for any purposes other than the purpose of this Contract x These Standard Contract General Conditions apply to contracts procured pursuant toM.G.L.c.30B or for exempt good and n j without prior written consent of the Town. Article VU. Release of Town: The Contractor agrees that acceptance of what the To tanders as the final payment for final services under this Agreemeat shall be deemed to release of the To forever ftm all claims, demands,and liabilities wising from,out A or in my way connected with this Agreement 11w Contractor shall execute a release if asked to by the'Town. Article VHI. IndemulAgation: The Contractor shall indemnify,defend and hold harmless the Town 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 flat it shall be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall bold the Town harmless for any injuries,damages or losses incurred by its employees while working on this project, The Contramr'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 seem 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 pro fbssTonal 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 W'000.00. Article X.Assignment: The Contractor sW not assign,transfer,dele-gaft orsubdontma.any interest in this Agreement without the prior written consent offt Tow& Article)M Relationship with the Town: All senias to be pertbroned under the terms of"contract Will be rendered by the Contractor as an independent Cmtractor. None of the tem ofthis contract shall create a prhmiple- agent;master-servant or employer-employee relationship between the Town and the Contractor. The Contractor shall have no capacity to bind the Town in any contract nor to in liability on the part of Town and if the Contractor employs or proposes to employ any person during the term oftids contract,the employment or proposal shall not obligate the Town in any manner to any such employee. Article XIL Compliance with Lam 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 ofMassachusetts 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 creeds 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 Departmentof Labor Stand ard%the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L.c.149,a.27B,which requires that a true and accurate r' be kept of all person employed on a project for which the prevailing wage rates are requires. The Contractor!fliall 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 trWicking,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 req4immeats 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 unreasombly be wifteld. The Contractor agrees to pay all debts for labor wxVor services and materials contracted by k if any,and for the rental of any office space,equipment or machinery hired by it,if any,for and an account for the services to be performed hereunder. The Contractor shall not take any action W causes,any public official to be in violation of the State Ethics Law,XG.L.c.268A. The Contractor certifies that it and its mibcontramrs are not cummfly 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 it federal or state criminal or civil judgement,administrative citation,order for violation of M.G.L c.149,a.151 or to Fair Labor Standards Act within three yew prior to the date of the contract The Contractor certifies that it has not declared bankruptcy. Article XM. 5ffl%Mb__ULty, In the event any provision of thia Agreement is found by a court of appropriate I 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 it 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 Whim,and the Town shall set a date at lewt 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 temoration. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under no circumstances"I the total price exceed the contract price. Article XV. gMemingr Law and Ju to ,IjWkL_n. 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 sWe-or fi*W court in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof 3 TOWN OF NORTH ANDOVER PROFESSIONAL ENGINEERING SCOPE OF SERVICES AMENDMENT NO. 2 WATER TREATMENT PLANT OZONE SYSTEM IMPROVEMENTS PROJECT DATE: November 20, 2020 SCOPE OF SERVICES This Amended Scope of Services,to be included under the Contract for Professional Engineering Services for Water Treatment Plant Ozone System Design, dated June 16, 2016 and since extended to December 31, 2020, by and between the Town of North Andover(the "Town"), and Weston& Sampson Engineers, Inc. ["Contractor"] 55 Walkers Brook Drive, Suite 100 Reading,MA 01867 (978) 532-1900 (978) 977-0100 [Telephone Number] [FAX Number] 1. Engineering Services The following shall be performed by the Contractor during the Water Treatment Plant Ozone System Improvements Project,hereinafter called the PROJECT: Task 5—Additional Construction Office and Part-Time On-Site Engineering Services A. Provide additional construction office and on-site engineering services for the duration of the CONSTRUCTION CONTRACTOR's contract extension. B. As a result of COVID-19, MassDEP is unable to conduct site inspection(s) required to approve the construction progress and completed work. Provide additional coordination, correspondence, written documentation, photographs, virtual tours, and/or videos to MassDEP as requested in order for them to issue approval to place the completed ozone system into service. C. Work with the Town and National Grid to obtain pre-approval status of the proposed energy efficient ozone system improvements. Conduct a site inspection of the facilities with National Grid, prepare pre-approval application, and provide general correspondence throughout construction with National Grid. Upon approval of the pre-approval application, assist the Town with preparing post-construction paperwork which includes,but may not be limited to, a Post-Installation Verification form and other rebate documentation as required by National Grid. It is anticipated that National Grid will issue up to $32,700 of rebate payments to the Town for the energy efficiencies anticipated for the PROJECT. Amendment No.2—Scope of Services for the Water Treatment Plant Ozone System Improvements Project Page I Contract for Professional Engineering Services for the WTP Ozone System Design,by and between the Town of North Andover and Weston&Sampson Engineers,Inc. 2. Amendment No. 2 Contract Price The Contract price to be paid to the Contractor by the Town as described in Paragraph 1 above is $19,100. 3. Payment For services performed under Paragraph 1, the Town agrees to pay the Contractor the not-to- exceed lump sum noted under Paragraph 2 above, payable monthly,within thirty (30) days of the invoice date, as charges accrue in proportion to the services performed. Compensation shall be payable monthly, as earned, and shall not exceed the amounts noted in Paragraph 2 above without authorization of the Town. 4. Term of Contract and Time for Performance: This Scope of Services shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents within the time frames noted below, after receipt of a purchase order for this PROJECT, 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 appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract Documents are of the essence of the Contract. Scope Item Time of Performance Task 5 — Additional Construction Office and Part- June 30, 2021 Time On-Site Engineering Services This Scope of Services is valid for a period of thirty (30) days from the date of issuance noted above. THE CONTRACTOR WESTON& SAMPSON ENGINEERS, INC. 11/20/2020 Tara E. McManus,PE Date Senior Associate P:\MA\North Andover MA\2150507 WTP Ozone System\Contract\Construction\Amendment 2 I1.20.2020,docx Amendment No.2—Scope of services for the Water Treatment Plant Ozone System Improvements Project Page 2 Contract for Professional Engineering Services for the WTP Ozone System Design,by and between the Town of North Andover and Weston&Sampson Engineers,Inc. FEE SCHEDULE Town of North Andover, MA Division of Public Works Water Treatment Plant Ozone System Improvements Project HOURLY BILLING RATES Weston &Sampson will conduct the work under this contract in accordance within the hourly billing rate ranges presented below for each labor category. Actual rates charged within the billing ranges will depend on the actual salary rates of the personnel assigned to each project. Personnel/Position Total Hourly Rate Range PrincipalNice President/Associate $175 - $300 Project Manager/Senior Project Manager $130 - $200 Senior Engineer/Senior Geologist/Senior Scientist $110 - $155 Arch itects/Landscape Architects $ 80 - $125 Engineer/Geologist/Hydrogeologist/Scientist $ 90 - $130 Survey/CAD Operator/GIS Specialist $ 80 - $175 Resident Representative Construction Services $ 105 - $155 Technician/Administrative Assistant/Co-Op $ 65 - $110 Weston & Sampson performs an annual rate review and salary adjustments as of January 1" of each calendar year, We therefore anticipate requesting an adjustment of hourly rates for various individuals as of January 1, 2022. EXPENSES Weston & Sampson will invoice for direct expenses including printing, testing services, shipping costs, subconsultants, and other identifiable direct costs at a rate of 1.10 times actual costs. RIMAINorth Andover MA12150507 WTP Ozone System ContractIConstructionlFee Schedule 2021.docx West on@sKirr'If,-),s4:iei