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HomeMy WebLinkAboutContract #: 1547 - From: 09-01-2022 To: 09-01-2023 - CSI Engineering - Police AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE TOWN OF NORTH ANDOVER,MASSACHUSETTS AND CSI ENGINEERING,LLC FOR POLICE DEPARTMENT RTU-1 REPLACEMENT HVAC DESIGN THIS AGREEMENT made this 3 1"day of August, 2022 between CSI Engineering,LLC a Massachusetts Limited Liability Corporation, with a usual place of business at 999 Broadway, Suite 206, Saugus,MAO 1906,hereinafter called the"ENGINEER," and the Town of North Andover, MA,acting by its Select Board,with a usual place of business at 120 Main Street, North Andover, MA 01845 hereinafter called the "TOWN". The ENGINEER and the TOWN,for the consideration hereinafter named, agree as follows: 1. Scope of Work The ENGINEER shall perform the work set forth in the Scope of Services attached hereto as Exhibit A. 2. Contract Price The TOWN shall pay the ENGINEER for services rendered in the performance of this Agreement a lump sum of$15,575.00, subject to any additions and deductions provided for herein at the hourly rates set forth in Exhibit A. The amount to be paid to the ENGINEER shall not exceed $15,575.00 without the prior written consent of the TOWN. 3. Commencement and Completion of Work A. This Agreement shall commence on September 1, 2022 and shall expire on September 1, 2023, unless terminated sooner in accordance with this Agreement. B. Progress and Completion: ENGINEER shall commence work promptly upon execution of this Agreement and shall prosecute and complete the work regularly, diligently and uninterruptedly at such a rate of progress as will insure completion in a timely manner. 4. Performance of the Work The ENGINEER shall supervise and direct the Work, using his best skills and attention, which shall not be less than such state of skill and attention generally rendered by the engineering/design profession for projects similar to the Project in scope, difficulty and location. A. Responsibility for the Work: (1) The ENGINEER shall be responsible to the TOWN for the acts and omissions of his employees, subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the ENGINEER. Consistent with the standard of care referenced above, the ENGINEER shall be responsible for the professional and technical accuracy for all work or services furnished by him or his consultants and subcontractors. The ENGINEER shall perform his work under this Agreement in such a competent and professional manner that detail checking and reviewing by the TOWN shall not be necessary. (2) The ENGINEER shall not employ additional consultants, nor sublet, assign or transfer any part of his services or obligations under this Agreement without the prior approval and written consent of the TOWN. Such written consent shall not in any way relieve the ENGINEER from his responsibility for the professional and technical accuracy for the work or services furnished under this Agreement. (3) All consultants must be registered and licensed in their respective disciplines if registration and licensor are required under the applicable provisions of Massachusetts law. (4) The ENGINEER and all consultants and subcontractors shall conform their work and services to any guidelines, standards and regulations of any governmental authority applicable to the type of work or services covered by this Agreement. (5) The ENGINEER shall not be relieved from its obligations to perform the work in accordance with the requirements of this Agreement either by the activities or duties of the TOWN in its administration of the Agreement, or by inspections, tests or approvals required or performed by persons other than the ENGINEER. (6) Neither the TO WN's review, approval or acceptance of,nor payment for any of the work or services performed shall be construed to operate as a waiver of any rights under the Agreement or any cause of action arising out of the performance of the Agreement. B. Deliverables, Ownership of Documents: One (1)reproducible copy of all drawings,plans, specifications and other documents prepared by the ENGINEER shall become the property of the TOWN upon payment in full therefor to the ENGINEER. Ownership of stamped drawings and specifications shall not include the ENGINEER's certification or stamp. Any re-use of such documents without the ENGINEER's written verification of suitability for the specific purpose intended shall be without liability or legal exposure to the ENGINEER or 2 to the ENGINEER's independent professional associates, subcontractors or consultants. Distribution or submission to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as an act in derogation of the ENGINEER's rights under this Agreement. C. Compliance With Laws: In the performance of the Work,the ENGINEER shall comply with all applicable federal, state and local laws and regulations, including those relating to workplace and employee safety. 5. Site Information Not Guaranteed; Contractor's Investigation The TOWN shall furnish to the ENGINEER available surveys,data and documents relating to the area which is the subject of the Scope of Work. All such information, including that relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the TOWN. All such information is furnished only for the information and convenience of the ENGINEER and is not guaranteed. It is agreed and understood that the TOWN does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures will be the same as those indicated in the information furnished, and the ENGINEER must satisfy himself as to the correctness of such information. If, in the opinion of the ENGINEER, such information is inadequate, the ENGINEER may request the TO WN's approval to verify such information through the use of consultants or additional exploration. In no case shall the ENGINEER commence such work without the TOWN's prior written consent. Such work shall be compensated as agreed upon by TOWN and ENGINEER. 6. Payments to the Contractor A. Cost incurred on this project shall be billed monthly on an hourly basis as outlined in the attached Scope of Services. Payment shall be due 30 days after receipt of an invoice by the TOWN. B. If there is a material change in the scope of work,the TOWN and the ENGINEER shall mutually agree to an adjustment in the Contract Price. C. If the TOWN authorizes the ENGINEER to perform additional services,the ENGINEER shall be compensated in an amount mutually agreed upon, in advance, in writing. Except in the case of an emergency, the ENGINEER shall not perform any additional services until such compensation has been so established. 7. Reimbursement Except as otherwise included in the Contract Price or otherwise provided for under this Agreement, the ENGINEER shall be reimbursed by the TOWN: (a) at 1.0 times the actual cost to the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or otherwise. No such reimbursement shall be made unless the rates of compensation have been approved, in advance, by the TOWN; (b)at 1.0 times the actual cost of additional or specially authorized expense items, as approved by the TOWN. 3 8. Final Payment, Effect The acceptance of final payment by the ENGINEER shall constitute a waiver of all claims by the ENGINEER arising under the Agreement. 9. Terms Required By L This Agreement shall be considered to include all terms required to be included in it by the Massachusetts General Laws, and all other laws,as though such terms were set forth in full herein. 10. Indemnification A. General Liability: The ENGINEER shall indemnify and hold harmless the TOWN from and against any and all claims, damages, losses, and expenses, including attorney's fees, to the extent arising out of the performance of this Agreement and to the extent the same relate to matters of general commercial liability,when such claims, damages,losses, and expenses are caused, in whole or in part, by the negligent or wrongful acts or omissions of the ENGINEER or his employees, agents, subcontractors or representatives. B. Professional Liability: The ENGINEER shall indemnify and hold harmless the TOWN from and against any and all claims, damages, losses, and expenses, including attorney's fees, arising out of the performance of this Agreement and to the extent the same relate to the professional competence of the ENGINEER's services, when such claims, damages, losses, and expenses are caused, in whole or in part, by the negligent acts, negligent errors or omissions of the ENGINEER or his employees, agents, subcontractors or representatives. 11. Insurance A. The ENGINEER shall at his own expense obtain and maintain a Professional Liability Insurance policy for errors, omissions or negligent acts arising out of the performance of this Agreement in a minimum amount of$1,000,000.00. B. The coverage shall be in force from the time of the agreement to the date when all construction work for the Project is completed and accepted by the TOWN. If, however, the policy is a claims made policy, it shall remain in force for a period of six(6)years after completion. Since this insurance is normally written on a year-to-year basis, the ENGINEER shall notify the TOWN should coverage become unavailable. C. The ENGINEER shall, before commencing performance of this Agreement, provide by insurance for the payment of compensation and the furnishing of other benefits in accordance with M.G.L. c.152, as amended, to all its employees and shall continue such insurance in full force and effect during the term of the Agreement. 4 D. The ENGINEER shall carry insurance in a sufficient amount to assure the restoration of any plans, drawings, computations, field notes or other similar data relating to the work covered by this Agreement in the event of loss or destruction until the final fee payment is made or all data are turned over to the TOWN. E. The ENGINEER shall also maintain public liability insurance, including property damage, bodily injury or death, and personal injury and motor vehicle liability insurance against claims for damages because of bodily injury or death of any person or damage to property. F. Evidence of insurance coverage and any and all renewals substantiating that required insurance coverage is in effect shall be filed with the Agreement. Any cancellation of insurance,whether by the insurers or by the insured, shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the TOWN at least fifteen days prior to the intended effective date thereof, which date shall be expressed in said notice. G. Upon request of the ENGINEER,the TOWN reserves the right to modify any conditions of this Article. 12. Notice All notices required to be given hereunder shall be in writing and delivered to, or mailed first class to,the parties'respective addresses stated above. In the event that immediate notice is required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed by notice in writing in the manner set forth above. 13. Termination A. Each party shall have the right to terminate this Agreement in the event of a failure of the other party to comply with the terms of the Agreement. Such termination shall be effective upon seven days' notice to the party in default and the failure within that time of said party to cure its default. B. The TOWN shall have the right to terminate the Agreement without cause, upon ten(10)days'written notice to the ENGINEER. In the event that the Agreement is terminated pursuant to this subparagraph, the ENGINEER shall be reimbursed in accordance with the Agreement for all work performed up to the termination date. 14. Miscellaneous A. Assignment: The ENGINEER shall not assign or transfer any of its rights, duties or obligations under this Agreement without the written approval of the TOWN. B. Governing Law: This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts. 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TOWN by its authorized representative who, however, incurs no personal liability by reason of the execution hereof or of anything herein contained, as of the day and year first above written. Dated: 'r/al11 D u— The Town of North over by: ll Town Mana Dep nt/ vision ead Town Acco iant Certified as to Appropriation Town Counsel CSI Engineering, LLC: By: J" . S �t�c i 6 EXHIBIT A August 23, 2022 Town of North Andover MA 384 Osgood Street North Andover, MA 01845 Attention: Stephen E. Foster Re: North Andover Police RTU-1 Replacement HVAC Design. Pursuant to your request, we are pleased to submit our proposal for engineering services for the North Andover Police 911 RTU-1 Replacement HVAC Design. We propose to provide Engineering services as described below and on the terms and conditions set forth herein. The proposal is based on Option 3 of NV-5 Report dated September 17,2021 Fee The total fee for the Mechanical and Electrical Engineering Services shall be $15,575.00 Scope of Work The scope of CSI's work includes preparation of documents which include mechanical drawings and specifications, in accordance with the guidelines, requirements, and/or goals you and the owner provide. Specifically, the scope of work is as follows: Mechanical ♦ Perform load calculations for sizing of mechanical systems. ♦ Establish preliminary design concept& sizing for mechanical equipment. ♦ Establish preliminary locations of new equipment. ♦ Provide code review of proposed building mechanical systems. ♦ Provide new equipment selection ensuring the equipment is energy efficient and economical. ♦ Provide mechanical design drawings including duct and pipe sizes, equipment sizes and locations,equipment schedules, controls, specifications and details. ♦ Provide thermostats location on drawings. CSI Engineering Proposal# 2022-167 Portsmouth,NH 03801 Tel#(603)319-8244 Web:www.csi-engineers.com Electrical ♦ Perform load calculations for sizing of electrical systems. ♦ Establish preliminary design concept& space requirements for electrical equipment. ♦ Provide code review of proposed building electrical systems. ♦ Provide power plans indicating location of panels locations and wire specification. ♦ Indicate wiring for all mechanical equipment. ♦ Provide on drawings specifications. ♦ Advise the architect and the owner of any other issues that should be considered. Engineering Services CSI will provide the following engineering services: 1. Attendance at one (1) design meeting and one(1) site visit. 2. Construction submission consisting of scaled drawings and technical specifications suitable for bidding. 3. Construction Administration Services including the following: a. Assistance during bid period and answer contractor questions. b. Periodic site inspections, not to exceed (2) per trade, during construction to verify contractors' compliance with the contract documents and for preparation of a punch list. c. Shop drawing review submittals. 4. All work will be designed per the Massachusetts Building Code, Massachusetts Electrical Code, NFPA 13, NFPA 72, Massachusetts Plumbing Code, ASHRE Code, Architectural Access Board and any other applicable Federal, State and local codes and ordinances. Services Not Included The following services are not included in the lump sum fee; however, they can be included upon request for an additional fee. 1. Engineering of low voltage wiring design including HVAC control wiring, cable TV wiring, security system wiring, sound system wiring, and voice/data wiring. 2. Preparation of detailed construction cost estimates 3. Preparation of permits and regulatory agency application forms. 4. LEED design or documentation 5. Commissioning of systems 6. Value engineering and resultant design revisions. 7. Preparation of coordination and/or as-built drawings. CSI Engineering Proposal#2022-167 Portsmouth,NH 03801 Tel#(603)319-8244 Web:www.esi-engineers.com 8. LEED Services. Clients' Obligations Town of North Andover MA will provide CSI Engineering with the following: 1. Complete access to the facility during site investigation, including full access to the roof and all mechanical spaces. 2. Provide guide during site investigation. This person should have access to entire building and some knowledge of the building. 3. Provide as-built drawings and/or PDFs of the existing building. 4. Approval of the final report. 5. Client representative to make himself available to respond to any of our questions. CSI Engineering will rely on information provided by the Town of North Andover MA and its agents in performing our obligations described herein. Billing Schedule Billing will be monthly in proportion to the milestone of work completed as follows: Milestone Fee Construction Documents 100% Net payment is due within 30 days. This account is subject to a FINANCE CHARGE for late payment. This charge is computed at an annual percentage rate of 18% (periodic monthly rate of 1'/2 %) on the total past due balance over 30 days. In the event of late payment, default, or litigation, it is agreed that the purchaser will be liable for reasonable attorneys' fees and costs of collection. Fee Basis The fee above is based on an estimated project size of the building and a certain scope of work as explained above. Should the project size be increased, or the scope of work is expanded, we reserve the right to increase our fee accordingly. Hourly Rate Schedule Services requested in addition to, or not specifically listed above, will be invoiced at our standard hourly rates. Our hourly rates for the calendar year 2022 are as follows: Position Rate Principal $250.00 Engineer $175.00 Drafter/Cad Operator $ 100.00 Administration $ 75.00 CSI Engineering Proposal#2022-167 Portsmouth,NH 03801 Tel#(603)319-8244 Web:www.csi-engineers.com We will not commence with any additional services without prior written authorization. Modifications Oral modifications will not be accepted. Any changes or modifications to this proposal must be set forth in writing, dated and signed by both parties. The proposal supersedes and replaces all prior written or oral proposals. Contract Between CSI and the Town of North Andover MA If you find the above fee, scope of work and all terms and conditions acceptable,please sign and return one signed copy of this proposal to us, authorizing us to proceed. Please send sign acceptance to 999 Broadway Suite 206, Saugus MA, 01906 or fax us at (781) 233-4848. Upon your acceptance, this proposal shall become our contract and shall constitute a legal, valid and binding contract between CSI LLC, and the Town of North Andover MA. This proposal is valid for sixty(60) days only, and is withdrawn if not executed within that period. Authority Stephen E. Foster represents that he has full authority, power and right without further action to enter and execute this Contract. Authorized Signature Date Acceptance of Proposal Project: North Andover Police RTU-1 Replacement HVAC Design. Amount: $15,575.00 Date: August 23, 2022 CSI Engineering Proposal #2022-167 Portsmouth,NH 03801 Tel#(603)319-8244 Web:www.csi-engineers.com