Loading...
HomeMy WebLinkAboutContract #: 1500 - From: 05-01-2022 To: 07-15-2022 - Windover Construction - Facilities TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO:6" Contractor Legal Name: Town Department Name: Windover Construction Town of North Andover Contractor Address: Mailing Address: 66 Cherry Hill Drive 120 Main Street Beverly, MA 01915 North Andover, MA 01845 Contractor Vendor ID: Rate(if applicable): 413 Z// Not to exceed $27,000 Contract start date: Contract End Date: May 1, 2022 July 15, 2022 Description of Scope(Attach support documentation) To provide a capital needs assessment for four buildings at The Stevens Estate per the attached proposal dated April 5,2022,attached hereto and made a part hereof. Contract Signatures: Approved as to the availability of ALL REQUIRED DOCUMENTS AGREES TO PROVIDE THE appropriations ATTACHED GOODS OR SERVICES AS INDICATED IN ACCORDANCE In the amount of WITH THESE CONTRACT DOCUMENTS AS DEFINED IN $�fJ THE NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS Finn a Director: Departee ad: Contractor: Signatur Signature Signature Title: Exec.VP and COO Date: Date: Date: 4/28/22 Town Manager: Town Counsel: Suture Signature Date: Date: -. TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 1. "Town"shall mean the Town of North 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 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 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 II.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 from Town premises or work sites 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 of the 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 of the Contractor and accept or reject such goods,deliverable,services or work product. Article 1II.Time of Performance:.The Contractor shall commence work immediately upon execution of this 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 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 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 of the 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 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 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. Ownership and Confidentiality of Material 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 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 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,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 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 VII. 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 any way connected with this Agreement. The Contractor shall execute a release if asked to by the Town. Article VIII. Indemnification: 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 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 while working on this project. ' These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c. 30B or for exempt good and services. 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. Insurance: 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 motor vehicle liability insurance policies,workers compensation,and general liability coverage. For Contracts for professional services,the Contractor shall carry 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,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 incur liability on the part of the Town and if the Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal shall not obligate the Town in any manner to any such employee. Article XII. 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 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 Department of Labor Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L. c. 149, s. 2713,which requires that a true and accurate record be kept of all person employed 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 Town, 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 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 and to ensure 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 Documents without the prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for labor 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.c. 149,s. 151 or the Fair Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not declared bankruptcy. Article XIII. Severability: In the event any provision of this Agreement is found by a court of appropriate 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 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 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 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 of Massachusetts,which shall have exclusive jurisdiction thereof. 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: 4/28/22 Randy Catlin, Exec VP and COO Windover Construction Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Randy Catlin , authorized signatory for Windover Construction 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. P � . _ 4/28/2022 Signature Date CERTIFICATE At a duly authorized meeting the Board of Directors of the Windover Construction, Inc. held on 12/30/2020 it was VOTED, THAT Randy Catlin Executive Vice President and COO (Name) (Officer) of Windover Construction, Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Windover Construction Inc.,and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Windover Construction, Inc. on its behalf by such officer under seal of Windover Construction, Inc., shall be valid and binding upon Windover Construction Inc. I hereby certify that I am the clerk of the above named Windover Construction, Inc. and that Randy Catlin is the duly elected officer as above of said Windover Construction Inc., and that the above vote has not been amended or rescinded and remains in full force effect as the date of this contract. qS (Date) ����— (Clerk) -'s" Sly ER April 28,2022 Melissa Murphy Rodrigues,Esq. Town Manager Town of North Andover 120 Main St North Andover,MA 01846 Re: Stevens Estate Deferred Maintenance Study,R1 Dear Ms. Rodrigues, I am writing to follow up on recent discussions with you and Laurie Burzlaff regarding the need for a deferred maintenance study at the Stevens Estate.As you are aware,we are currently working for Fireside Catering on the estate property and could take on this additional scope efficiently.The following is our proposal to provide a deferred maintenance study to address all four buildings on the estate.The study is intended to provide a prioritized approach as guidance for work to be done under the Town of North Andover's agreement with Fireside. Please feel free to contact me with any questions once you have had an opportunity to review the proposal.Thank you very much for considering Windover for this work. Introduction The Stevens Estate includes 4 buildings in need of deferred maintenance.The purpose of this study is to define,at a trade level,recommended deferred maintenance scope to support the facility's on-going and future operation as an event venue. Once the scope is confirmed,the work will be organized into a recommended priority order.A budget range will be applied to each set of tasks so the work can be scheduled and completed according to priority and available budget. The study is intended to address maintenance planning to improve the longevity of all buildings as they exist now. It does not address ADA compliance or enhancements to the facility. Included Buildings The buildings to be studied in this report include: The main house,the carriage house,the stable/garage,and the gate house Evaluation Scone In each building,the following elements will be evaluated: Building envelope integrity,including exterior walls,windows,and roof using scanning technology,and visual inspection Mechanical,plumbing,electrical systems Kitchen Equipment—Review in light of the intended use of kitchen for staging food during events Report will Include: • Identification of any deficiencies in the masonry,windows and roof o Recommended repairs including any measures to stop any active moisture infiltration and better prevent future infiltration • Documentation of any observed potential compromise to the primary building structure o Recommend Structural repairs,if any • Evaluation of Mechanical&Electrical Systems o Expected useful life for each piece of mechanical equipment o Replacement cost if expected life is less than 5 years o Recommended inspection and maintenance plan for mechanical systems o Evaluation of electrical service WWW,WINDOVER.COM • Define recommended scope in the kitchen to support Fireside's program needs for the space • A budget for each recommended item • Recommended priority sequence and annual increments for completing the work Report Presentation A draft of the report will be reviewed with representatives from the Town of North Andover and Fireside in a single meeting (in person or virtual).Feedback will be incorporated into the report and an electronic copy of the final report will be delivered to the Town of North Andover. Timing The draft report will be provided within 45 days of authorization to proceed The final report will be delivered approximately 2 weeks following the draft review meeting. Compensation and Payment Our proposed fee for this study and report is:$27,000 Alternates: 1) Exploratory trade work,if needed to expose areas of concern encountered during the study,will be performed on a time and material basis Items not included in the Base Proposal • Any design drawings • Engineering evaluations • Haz-Mat studies • Destructive testing or exploratory work Payment Terms Upon delivery of final report: $27,000 If this proposal is acceptable, please sign below to indicate Windover is authorized to proceed as proposed. Please return an executed copy of this proposal with the retainer to allow us to proceed. Proposed By: Accepted By: W, Windover Construction Town of North Andover Date: 4/28/2022 Date: WWW.WINDOVER.COM kk4i�' WHERF YEAMWORK OMLOS RESULTS Exhibit A Windover Schedule of Rates To the contract between the Town of North Andover and Windover Construction, Inc. Dated May 1, 2022 Stevens Estate Deferred Maintenance Study Principal $200.00/HR Project Executive $165.00/HR General Superintendent $150.00/HR Chief Estimator $150.00/HR Senior Project Manager $140.00/HR Senior Superintendent $140.00/HR Senior Estimator $140.00/HR Manager of MEP Services $140.00/HR Senior Manager of Virtual Design and Technology $135.00/HR Project Manager $125.00/HR Superintendent $125,00/HR Estimator $125.00/HR Virtual Design and Construction Coordinator $11 0.00/HR Assistant Project Manager $100.00/HR Assistant Superintendent $100.00/HR Assistant Estimator $100.00/HR Project Accountant $ 85.00/HR Project Administrator $ 85.00/HR Carpenter Foreman w/Service Van or Vehicle $ 95.00/HR Customer Service Manager $ 95.00/HR Driver and Delivery Truck $ 90.00/HR Carpenter Foreman $ 85.00/HR Carpenter $ 75.00/HR Laborer Foreman $ 70.00/HR Laborer $ 65.00/HR Coop to $ 40.00/HR Labor Rates are not subject to audit.