Loading...
HomeMy WebLinkAboutContract #: 1393 - From: 01-05-2021 To: 12-31-2021 - Weston & Sampson Engineers, Inc. - Water Treatment Plant TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: Contractor Legal Name: To 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 over,MA 01005 Reading,MA 01867 Contractor Vendor ID: 2984 Contract Details: Description of Scope(Attach support documentation) Professional Engineering Services for the Bradford Street Mixer See attached Scope of Services Begin Date: January 5,2021 End Date:December 31,2021 Rate:$ Not to Exceed Amount:$48,500.00 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 s h_ 000�1 Si nature Si nature Tara E.McManus,PE Si nature �� Date- Title: Senior Associate Title: Superintendent Date: 11/24/2020 Date: Town Manager: To Counsel: /— Ll-- MN A- '7 Date: —U TOWN OF NORTH ANDOVER STANDARD CONTRAcv GEnRAL CoNDmoNsl Article I. Definition of Terms: The following terms in the Contract Documents shall be construed as follows: 2.'Town"shall mean the Town of North Andover,Massachusetts 3. "Contract Agreement,and Contract Documents"shall include the Town's Standard Contract General Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's Price Proposals,Performance Bonds,which documents an incorporated herein by reference. Any conflict between the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals. 4."Contractor"shall mean the individual,partrlWiW corporation or Other entity to which this Contract Is awarded. Article 11.Performancet The Contractor shall provide the services to undertake and perform all appropriate tasks described in the Contract Documents. The Contractor shall upon written request remove from To promises or work sites and replace all individuals ift the Contractor's employ whom the Town determines to be disorderly, carelms or incompetent or to be employed In violation of the terms ofthis Contract. Performance under this contract shall include services rendered,obligations"costs incurred good and deliverable proved and accepted by the To The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed by and work product of the Contractor and accept or reject such goods,deliverable,services or work product Article EIL Time of Performance:. The Contractor shall commence work immediately upon execution of this Agreement. if the Contractor fails to work at a reasonable Wed or stops work altogether without due cause,as deterruined by the Town,the To may give notice in writing to proceed with the work or to carry on more speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall be considered in default in the perfbrmahce of the Contract. This Agreement may be extended or renewed upon agreement of the parties and only upon execution of written agreement. Article TV. 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 Contractor.For any changes to the scope of work,the Contractor shall notify the Town of associated is in writing. The Contractor shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town, The Contractor shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town. Article V. Payment far rvices: 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 is. Article V1. OwnershiD and ConfldcutWJt of Mate rLal.Work Products: All information,data,reports, y 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 vest in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's request for the same without cost to the Town. The Town may use the Materials with respect to construction, maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time, to timc The Town may use the Materials produced,generated or compiled by the Contractor for another project, provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project. The Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims,toss"arising out of any use or changes to the Materials by the Town or its representatives during any other construction not a part of this contract. 11he Contractor shall not use such materials for any purposes other than the purpose of this Contract .............. ......... These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt good and servicm without prior written consent of ft Town. Article VIL Release of Town: 'Me Contractor agrees that acceptance of what the Towntmdets as Ifie final payment for final services under this Agreement"I be deemed to release of the Town foram from all Oafins, demands,and liabilities arising from,out of or in any way connected with this Agreemea 11w ContracW shall execute a release if asked to by thelown. ArticleVM. hiclogifteation- The Contracft shall indemnify,defend and hold harmless the Town and an of its officers,agents and employees,with courisel acceptable to ft Town,from all suits,claims,demwads,losses and liabilities brought against them or based upon or arising out of any so or omission of the Contractor,Its agents6 officers,employees,or subcontractors in any way cormected to this Agreement The Contractor agrees that it shall be solely responsible for the condnct,health,and safety of its employees during the term of this contract and shall hold the Town harmless for any injuries,damages or losses incurred by its employees while working on this project. The Contractur"s agreement to indemnify the Town shall not be deemed to he released,waived or modified in any respect by reason of any surety or Insurance provided by the Contractor under the Agreement Article IX blarance: The Contractor shall secure and maintain fimiranct adequate to meet its obligations hereunder and shall provide the To with certification of such.The Contractor shall at kown expense maintain motor vehirile liability insurance policies,workers compensation,and general liability coverage.For Contractsfor professional services,the Contractor shall carry professional liability or Errors and Owdssions liability insurance with a minimum limit of$1,000,000.00 per occurrence,$7,000,000.00 aggregate with a maximum deductible of $25,000.00. Article X.Asgjgnutent: The Contractor"not assign,transfer,delegate orsuboontract any interest in this Agreement without the prior written consent of the Town- Article XL Ue atiushigj!ith the Town: All services to be performed under the terms ofthis contract will be rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle- agent,master-servant or employrr-employce relationship between the Town and the Contractor.-The Contractor shall have no capacity to bind the Town in any contract nor to incur liability on the part of the To and if the Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal shall not obligat6 the Town in any manner to any such employee, Article XIL Compliance with Laws and Contractors Responsibilities: The Conft=tor certifies that it and its subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any employee,or applicant for employment because of race,age, or,religious creed sexual orientation or identification,handicap,ancestry,sax or national origin. Ile 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 out regard to race,age,color,religious creed,swal orientation or ideatffization, handicap,mummy sex ornatiazial origin. If applicable,as determined by the h1assachusetta Departinentof Labor Standards,the Contractor shall comply with the Massachusetts Prevailing Wage.an shall cause its subcontractors to comply with XG.L.c. 149,a.27B,which requires that a true,and accurate record be kept of all person euployed on a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable, If an employer,the Contractor certifies compliance with applicable state and federal employment laws and regulations,including but not limited to minimum wages and prevailing wages programs and payments, unemployment insurance and contributions,workers compensation and insurance,child labor laws,human tzaffickin&fair labor ces,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 an&=their compliance with all applicable legal,quality and performance requirements of the Contract Documents. The Contractor may not use subcontractors not named in the Contract Docunients-wiflimit the prior written consent of Town,which will not tairessoMbly be withheld. The Contractor agrees to pay an debts for labor andfor services end materials contracted by it;if any,and for the rental of any office space,quipment or machinery hired by it,if any,for and on account for the services to be perfbmed hereunder. MwContractwshaft not take any action that causes any public official to be in violation of the State Mes Law,M.G.1-c.269X The Contractor certifies that it and its mibcotctradora am not currently debarred or suspended by the U.S.government, ry the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject,to a federal or state criminal or civil judgement,administrative citation,order for violation of M.G.L.c. 149,a.151 or ft Fa& Labor Standards Act within three yam prior to the date of%a contract "a Contracw aerfifle's that it has not declared bard"ptcy, Article XM. §MMMbllity. In the event any provWon of this Agmenient is found by a court of appropriate 2 jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full f=c and effect ArticleXIV. Termination gf_Aaree e L- The Towq may terminate this Agreememt upon immediate written notice should.the Contractor W1 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 fliflure,and the Town shall so a date at least 10 days later by which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the notice,the Town may at its option,terminate the Agreement The Town may terminate this agreement without cause at any time,effective seven days beyond a termination date stated in a written notice oftermination, In the event of termination,the Contractor shall be compensated for work product and services performed prior to the date of termination. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under no circumstances shall the total price exceed the contract price. Article XV. Governing Law and Jurisdiction- This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, Any actions arising out of this contract shall be brought in a state or federal court in the County,of Essex,Commonwealth ofMassachusetts,which shall have exclusive jurisdiction thereof, 3 estop Q a,rnpsor'i' November 20, 2020 55 Walkers Brook Drive,Suite 100,Reading,MAD 1867 Tel:978.532.1900 Mr. Glen Alt Superintendent North Andover WTP 420 Great Pond Road North Andover, MA 01845 Re: Engineering Services—Bradford Street Tank Mixer Dear Mr.Alt: As requested,Weston&Sampson Engineers, Inc. (Weston&Sampson) proposes to provide engineering services for the Town of North Andover (Town) to provide the following Scope of Services engineering services for the Bradford Street Tank Mixer Project as described herein. This Scope of Services also includes our time of project, fee, and hourly billing rates. If this proposal is acceptable, we will provide a copy of our certificate of insurance for this project. SCOPE OF SERVICES: Engagement and Standard of Care The Town hereby engages Weston & Sampson, and Weston & Sampson hereby accepts the engagement to perform certain professional engineering services for the Bradford Street Tank Mixer Project, hereinafter called the Project. Weston & Sampson's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. Weston & Sampson makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. Task 1 —Design and Bidding Services: A. Obtain tank inspection reports, design drawings, operating parameters, and electrical information from the Town. We have assumed that electrical connections for the mixing system can be made in close proximity to the tank. B. Prepare and submit draft Contract Documents for review to the Town for a tank mixing system for the 1.0 million-gallon (MG) steel standpipe. Tank mixing system shall be submersible mixer by Medora (Grid Bee)or equivalent. If required,sediment removal specifications shall be included in the Contract Documents. C. Prepare and submit on behalf of the Town a MassDEP BRP WS 32 permit application for the submersible mixer installations in the water storage tank. D. Prepare an opinion of probable construction cost. E. Upon receipt of final comments from the Town and MassDEP, finalize Contract Documents and prepare them for public bidding by the Town. The completed documents shall bear the stamp of a registered professional engineer licensed to practice in the Commonwealth of Massachusetts. F. Advertise the contract for public bidding in the Central Register. A copy of the Advertisement for Bid shall be forwarded to the Town for their use. The Town shall be responsible for posting the advertisement in a local newspaper,a conspicuous place within the municipal offices,and advertising in COMMBUYS. G. Contract bid documents shall be provided electronically to prospective bidders via online electronic distribution website. H. Respond to prospective bidder comments and issue up to one (1) addendum. I. Attend bid opening and assist the Town in securing and tabulating bids, review and analyze the results, and provide a recommendation of contract award. Task 2—Construction Services: A. Conduct a project kick-off site meeting to review the scope of work with the Contractor and Town. westo nandsam pso n.com Page 2 B. Review shop drawings submitted by the Contractor for general compliance with the Contract Documents. C. Prepare and process up to two (2) pay estimates and up to one (1) change order during the project. D. Respond to questions and conduct periodic site visits to observe the progress of construction and attend startup and testing of the tank mixer by the Contractor, E. Prepare punch list, MassDEP closeout paperwork in accordance with the MassDEP approval letter, and record drawings at the completion of the construction project. SCHEDULE Weston&Sampson agrees to provide services for the estimated duration of work as included under the Scope of Services, starting immediately upon receipt of a notice to proceed and concluding within 365 days upon receipt of the executed proposal. Please note this duration is dependent on the Construction Contractor's project completion date which is anticipated to be within one year of the signing of this agreement. ENGINEERING FEE For services performed for Task 1, the Town agrees to pay Weston &Sampson the lump sum fee of$27,500. For services performed for Task 2, the Town agrees to pay Weston & Sampson, as earned, the not to exceed fee of $21,000. Fees under this letter agreement shall be billed monthly as charges accrue for the services performed as a percentage of the lump sum for Task 1 and as charges accrue on a time charged plus expense basis for Task 2.The Town agrees to make payment to Weston&Sampson within thirty(30)days of the invoice date.Weston&Sampson's services will be provided as described herein. If you agree with this proposal and wish to retain us to provide the proposed services, please sign and return one copy of this proposal to us as authorization to proceed with performance of the services. We are pleased to submit this offering and look forward to working with you on this project. Please feel free to call me at 978-532-1900x2265 it you have any questions or concerns. Sincerely, ACCEPTED FOR: WESTON &SAMPSON ENGINEERS, INC. Town of North Andover, Massachusetts —en ' Tara E. McManus, PE dl Alt Date Senior Associate WTP Superintendent Enclosures—Standard Terms and Conditions Cc: Ben Rollins, PE -Project Engineer,Weston&Sampson P:\MA\North Andover MA\Bradford Tank Mixer\contrachAgreernent Ur 11.20.20.docx westonands am pson.com %bston(DSOI Tiptsori FEE SCHEDULE Town of North Andover, MA Division of Public Works Bradford Street Tank Mixer 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. PersonnellPosition Total Hour�L Rate Rana 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. PWAWorth Andover MAWradford Tank WeAContracffee Schedule 2021.docx Weston@Scii-f