Loading...
HomeMy WebLinkAboutContract #: 1433 - From: 04-21-2021 To: 06-30-2021 - Circuit Breaker Sales NE LLC - WTP TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: .. „ Contractor Legal Name: Town Department Name: Circuit Breaker Sales NE LLC North Andover Water Treatment Plant Contractor Address: Mailing Address: 79 Main Street 420 Great Pond Road Seymour,CT 06483 North Andover,MA 01005 Contractor Vendor ID: 22275 Contract Details: Description of Scope(Attach support documentation) Repair/replace two 800 amp 480 volt CWSgD/WestinghouseDS-206 EO RC Breakers i Begin Date:April 21,2021 End Date:June 30,2021 Rate:$ Not to Exceed Amount:$17,950.00 Contract Signatures Finance Director Contractor Department Head Circuit Breaker Sales NEB &e 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 Signature Si naturi Signature . M� Date: Title: Title:Superintendent Date: Date: S '� Town Manager: Town Counsel: Date: Date: TowN of NORTH ANDDVER STANDARD CONTRACT G1;NBRAL CONDITIONS' Article 1. Deffnitlon of Terms: The following terms in these Contract Documents shall be construed as follows: I."Town"shall mean the Town ofNorth Andover,Massachusetts 2. "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 exoluding any language stricken by the Town as unacceptable and including any negotiated staternents of work contemplated by the solicitation,Technical Proposals,Contractor's Price Proposals, Performance Bonds,which documents are incorporated herein by reference. Any conflict between the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals. 3."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract Is awarded. Article U..Performances- The Contractor shall provide the services to undertake and perform all appropriate tasks described in the Contract Documents. The Contractor shall upon written request remove from Town premises or work altos and replace all individuals In the Contractor's employ whom the Town determines to be disorderly,careless or Incompetent or to be employed in violation ofthe terms of this Contract. Perfommanoo under.this contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed by and work product of the Contractor and accept or reject such goods,deliverable,sorvioes or work product. Article M.Time of Performance:,The Contractor shall commence work immediately upon execution of this Agreement. Tf 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 worts or to carry on more speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town,the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended or renewed upon agreement of the parties acid only upon execution of written agreement Article IV. Revisions loathe Work to be Performed: If the Town requires revisions or other changes to be made in the scope or character of die work to be performed,the Town will promptly notify Contractor,For any changes to the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make the neoessmy changes only upon receipt of a written acoeptanoe of the costs and a written request from Town. The Contractor shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town. Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based on the milestones and deliverables set forth in the Contract Documents or on a periodic basis. Article VI. Ownershirr_and Conffidentleliky of Bkfedsl.Work ProductsL 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(1 U)business days of the Town's request for the same without cost to tho Town. The Town may use the Materials with respect to construction,maintenance,repair,alteration,expansion, modification and reconstruction of the Project at any time and from time to time. The Town may use the Materials produced,generated or compiled by the Contractor for another project,provided the Contractor shall not he 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 r r Those Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt good emd # services. 1 Contractor harmless from any claims,tosses arising out of any use or changes to the Materials by the Town or its representatives during any other construction not a part of this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract without prior written consent of the Town. Article VIL Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final payment for final services under this Agreement shall be deemed to release of the Town forever from all claims,demands,and liabilities arising from,out of,or in anyway connected with this Agreement. The Contractor shall execute a release if asked to by the Town. Article VITL kdernaMeation: 9 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 than or based upon or arising out of any act or omission of die Contractor,its agents,officers,employees, or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall hold the Town harmless for any injuries,damages or losses incurred by its employees white working on this project. The Contractor's agreement to Indemnify the Town shall not be deemed to be released,waived or modified In any respect by reason of any surety or insurance provided by the Contractor under the Agreement. Article IX, Insurances The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the Town with certification of such.The Contractor shall at its own expense maintain momr vehicle liability insuram policies,workers compensation,and general liability coverage.For Contracts for professional services, the Contractor shall tarty professional liability or Errors and Omissions liability insurance with a minimum limit of $1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of$25,000.00. Article X.Assignment: The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town. Article XI. Relationship with the Town: All services to be performed under the terms of this contract will be rendered by the Contractor as an independent Contractor. None of the terms of this contract shall Create a principle-agent,mast* servant or employer-employee relationship between the Town and the Contractor. The Contractor shall have no capacity to bind the Town in any contract nor to incur liability on the part of the Town and if the Contractor employs or proposes to employ any person during the tern of this contract,the employment or proposal shall not obligate the Town in any manner to any such employee. Article XYI.Compliance with Laws and Contractors Responsibilities-. The Contractor certifies that it and its subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any employee,or applicant for employment because of race,age,color,religious creed sexual orientation or identification,handicap, ancestry,sex or national origin. The Contaocor will in all solicitations or advertisement form employees placed by or an jbehalf of the contractor,state that ail qualified applicants will receive equal consideration for employment without regard I to race,age,color,religious creed,sexual orientation or identification,handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor Standards,the Contractor shall comply with the j Massachusetts prevailing Wage an shalt cause its subcontractors to comply with M.G.I.,c. 149,s.27$,which requires I t that a true and accurate record be kept of al person employed ed an a project for which fire 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 provalling wages programs and payments,unemployment insurance and contributions,workers compensation and insurance,child labor laws,human trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws. The Contractor agrees to be responsible for and warranty the work of its subcontractors listed In the Contract Documents compliance all applicable legal,quality and performance requirements of the Contract and to ensure their omp ante with i app I ga,9 tty a perfnrna eq j t Documents. The Contractor may not use subcontractors not named in the Contract Documents without the prior written a a consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for tabor and/or services and materials contracted by it,if any,and for the rental of any office space,equipment or machinery hired by it,if any,for and on account for the services to be performed hereunder. The Contractor shall not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L.c.268A. The Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S.government,the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal or state criminal or civil judgement, administrative citation,order for violation of M.G.L.o.149,s. 151 or the Fair Labor Standards Act within theft years prior to the date of the contract. The Contractor certifies that it has not declared bankruptcy. Article)ML Severability: In the event any provision of this Agreement is found by a court of appropriate jurisdiction to be unlawful or invalid,the remainder ofthe Agreement shall remain and continue in full foram and effect. Article XIV. TanWnatloa of Agreemeat: The Town may terminate this Agreement upon immediate written notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by which Contractor shall cure the failure, If the Contractor fails to cum within the time as may be required by die notice,the Town may at its option,terminate dte Agreement. The Town may terminate this agreement without causes at anytime,affective seven days beyond a termination date stated in a written notice of termination, In the event of termination,the Contractor shalt be compensated for work product and services perfbrmed 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. Govern foe law and Jurisdiction: This Agreement shall be governed by the taws of the Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof, I 1 t� I 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 natuml.person,business,partnership,corporation,committee,union,club or other organization,entity,or group of individuals. Signatures _. Date.._ ,/�i�r Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws,Section 44A(b),I , _ s ,f �,authorized signatory for j_j e Name of IndIvIaWl Name of contrarawr 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. gnature Da I I CERTIFICATE OF VOTE At a duly authorized meeting t e m)aa o Directors of the ,.__ _. _ _ _...._s__ held on it was VOTED,THAT Of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said and affix its corporate Baal hereto; and such execution of arty I contract or obligation in the name of on its behalf by such officer under seal of shall be valid and binding upon 1 hereby certify that 1 am the cleric of the above named ..�_�.,. _. _ and that is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. I� 4 YI V' I k F r i' TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS WA'1'1-,R'I'REAI'M[,,Nl'ill,AN'I' 420 GREAT POND ROAD,0 1845-2909 Jim Stanford, DIREC17011 Glen C'. It Mel)ltone(978)688-9574 Milierintentleia lear(9 78)688-95 7.5 February 17,2021 Scope of Services Purchase/Repair Two (2) 800 Amp Circuit Breakers For the Town of North Andover Drinking Water Treatment Plant Specifications: 1. Provide the Town of North Andover with:Installation of two(2)new or overhauled 800 amp electrically operated high interrupting air circuit breaker to replace the Water Treatment Plant Breaker labeled Low life MCC-2 located In the electrical room on the lower floor and Ozone DBI located in the generator room. Contractor will be responsible to Insure the breakers are the correct size,Installed and working properly with minimal down time to avoid any extended power loss. Contractor will install the breakers at an agreed upon time Town to minimize any disruption to the operation of the Water Treatment plant and prevent any water quality Issues. Quote must include any shipping costs. 4W]!�!71R SALES N�[ 6 Quotation ACm*IMS to>wy Address 4 Manison Street Unit A Created Date 2119/2021 Stoneham,MA 02180 Expiration Dale 4/13/2021 USA Quote Number 00134839 Prepared By Ralph Vito Contact Name Glen Alt Phone (203)888-7500 Phone 978.688.9574 Email rvito@cbsalesne.com Email galt@northandoverma.gov Fax 978.688.9575 Bill To Name Town of North Andover-DWTP Ship To Name Town of North Andover-DWTP Bill To 420 Great Pond Road Ship To 420 Great Pond Road North Andover,MA 01845 North Andover,MA 01845 USA USA Condition Description Price Time Services to Recondition Customers Sq D Type DS-206 800amp recondition Electrically Operated Metal Clad DS-206 800A Circuit Breaker.Install factory Reconditioned CHlSgDANeslinghouse DS-206 electrically New GE Enteiliguard TU 2.00 $8,975.00 $17,950.00 3-4 EO RC operated air week circuit breaker. Overcurrent protection with Test report to 800amp CTs,800amp Rating be provided. plug.Long Time Short Time& instantaneous functions Warranty 12 Months Ships From Stoneham,MA-02180 Freight Terms Prepaid&Allowed Subtotal $17,950.00 All quotations are confidential information for the benefit of the Standard Commercial Terms:$US Dollars at time of shipment, party they are Issued to. Quotations are for immediate acceptance and all stocked products are subject to prior sale. All customers are welcome to visit and Inspect their goods prior Prices quoted are estimated based on the information provided to payment. We accept cash,American Express,VISA,LOC, at time of quote. Wire Transfer and Paypal. Some orders may require a deposit or other arrangement if production costs or third party material is We reserve the right to amend the price andlor delivery upon involved. additional or conflicting information. All orders are pending subject to our standard Terms and Conditions and formal Order Open Accounts are available with Approved Credit. Call your Acknowledgment. Thank you for trusting Circuit Breaker Sales local office to get an application. All International Orders must NE,Inc.(203)888-7500. be settled prior to products leaving USA. 289 Centre Street, Holbrook, MA 02343 (781)767-99881 www.eascoUSA.com EA April 19,2021 Mr,Steve Mirabella Sanibel Electrical Corporation 325 New Boston Street, Unit 2 Woburn, MA 01801 RE: SUPPLY DS-206 800AF Circuit Breaker's for the North Andover WTP EESCO#Neg.#N21049—rev.1 Dear Steve, In accordance with your request,we are pleased to submit this proposal to provide the following circuit breaker. QTY: 2 SO D I Westinghouse Type DS-206 800 AF Draw-Out Circuit Breaker(s) Electrically Operated, 120 VAC Control Equipped with a new Tripping System:ABBIGE ENTELLIGUARD TU Tripping System. Digitally Controlled Tripping System(LSIG)—metering,self-test etc. Note: Breakers will directly replace the existing DS-206 Circuit Breakers and be upgraded with the same GE Entelliiguard trip units. Note: Reconditioned Circuit Breakers Fully Tested(reports will be provided), Warranty: 18 MONTHS Installation: EESCO will deliver and will install the replacement circuit breakers. h TOTAL COST: $18,950.00 Net Total -Includes: Two(2)DS 206 E01DO Circuit Breakers Shop refurbishment&complete testing Delivery,installation, 18 Month Warranty Delivery: 3—4 WEEKS ARO This proposal will remain firm for 90 DAYS. If you have any questions,please do not hesitate to call us at 781-767-9988. Thank you for your considers n. r XS" erel se A.Cipolla Ice resident `Dedicated to Keeping Electrical Distribution Systems SAFE and RELIABLE" 4CpN1RI0 CowNNI ., , a? I )�rt 55 walkers Brook Or SURe,100 ReskMp Me 01067(NO) Tel:970=IWO March 15,2021 Glen C.Alt Superintendent Town of North Andover Drinking Water Treatment Plant 420 Great Pond Road North Andover Ma01845 800 Amp Breaker Replacement Glen, Weston&Sampson CMR, Inc.(W&S CMR)is pleased to present this proposal to replace two(2) 800 Amp Breakers for MCC-2 Low Lift and DB-1 at the Water Treatment Plant in Andover Me. Scope of Services- 1. Prep the deteriorated existing 800 Amp MCC-2 breaker for removal, 2. Furnish and install a new direct replacement 800 Amp breaker. 3. Perform start up and testing. 4. Prep the deteriorated existing 800 Amp DB-1 breaker for removal. 5. Furnish and install a new direct replacement 800 Amp breaker. 6. Perform start up and testing. NOTE: • Any unforeseen issues other than the work in the above scope will be billed time and materials fallowing approval by owner.Weston&Sampson reserves the right to stop all work until unforeseen extra work has been approved by owner, ched i - We will initiate work under this Agreement following formal acceptance by the(Owner). All work will be performed in accordance with Ma. Prevailing Wage Laws. s weslonandsompson com OMws In:MA,CT,NH,Vr,NY,NJ,PA,SC 8 FL Glen Alt March 15,2021 Page 2 Fee— • The estimated cost for MCC-2 replacement breaker is a Lump Sum of$16,150. • The estimated cost for DB-1 replacement breaker is a Lump Sum of$16,150. The estimated costs for items 1 through 6 of the above Scope of Services is a lump sum of$32,300. Work will be invoiced on a Monthly basis as accrued. The Owner agrees to make payment to W&S CMR within thirty(30)days of the invoice date. Services will be provided as described herein and in accordance with the attached General Terms and Conditions, which are a part of our Agreement with you. 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, and please initial and date the enclosed Terms and Conditions. We are pleased to submit this proposal and look forward to continuing our work with you and your staff. If you have any questions concerning this proposal, please contact me at (978) 532-1900, or by e-mail at Ferraras0wseinc.com. Sincerely, I Weston&Sampson CMR,Inc. Salvatore Ferrara General Manager Accepted By: (North Andover Ma.) Printed Name and Title — Date i i i 4 weslonandsampson.com Olriaec in:MA,CT,NH,VT,NY,NJ,PA,3C B FL Weston®Sampson