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HomeMy WebLinkAboutContract #: 1576 - From: 12-30-2022 To: 09-22-2024 - Woodard and Curran - DPW AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE TOWN OF NORTH ANDOVER, MASSACHUSETTS AND WOODARD & CURRAN, INC. THIS AGREEMENT made this .31 day of December, 2022 between Woodard & Curran,Inc., a Maine corporation with a usual place of business at 250 Royall Street Canton, MA 02021 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$75,000.00.The amount to be paid to the ENGINEER shall not exceed$75,000.00 without the prior written consent of the TOWN. 3. Commencement and Completion of Work A. This Agreement shall commence on December 30,2022 and shall expire on September 22,2024,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 theirrespective 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 TOWN's review, approval or acceptance of, nor payment for any of the work or services performed shall be construed to operate as awaiver 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 TOWN'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 Law 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 ofthe 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 similardata 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 partyproposing 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 ofMassachusetts. 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 ofthe execution hereof or of anything herein contained, as of the day and year first above written. THE TOWN THE CONTRACTOR c4v-4 11 Divisio artment Head Company Name ift Town Manager Date Signature Date Print Name&Title APPROVED AS TO FORM: Town Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: T y Town countant U Date 6 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perkury 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. Signatures Date V1 N.nt Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C f the M ssachusetts General Laws, Section 49A(b), I L4f",J m a 34)�J authorized s4pWry ®r I ILL I Name ofIndividual Name qfcontraclor do hereby ceitif y under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the To of North Andover, relating to taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting child support. Agnature CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Woodard & Curran, Inc. held on July 27, 2022 it was VOTED,THAT Kenneth W. Carlson Vice President (Name) (Officer) of Woodard &Curran, Inc. be and hereby is authorized to execute contracts and bands in the name and on behalf of said Woodard &Curran, Inc. , and ,f4,4 48, Ger^arat sea!hefe*e; and such execution of any contract or obligation in the name of Woodard &Curran, Inc. on its behalf by such officer under seal of Woodard & Curran, Inc. , shall be valid and binding upon Woodard & Curran, Inc. , I hereby certify that I am the clerk of the above named Woodard &Curran, Inc. and that Kenneth W. Carlson is the duly elected officer as above of said Woodard & Curran, Inc. , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 09/14/2022 1—r''` (Date) (Clerk) 8 EXHIBIT A 250 Royafl Street I Suite 200E T 800,426.4262 Canton, Massachusetts 02021 T"7812,51.0200 Woodard www.woodardcurran.com F"781.25'1.0847 &Curran Proposal for Sewer System Infiltration/inflow(1/1) Program Contract No.2 Design SCOPE OF SERVICES The following Scope of Work for the Contract No.2 Design will conform as closely as possible to the latest industry standards, including Massachusetts Department of Environmental Protection (MassDEP) guidelines. Phase I —Contract No.2 Design Woodard & Curran will provide design phase services for Contract No. 2 for the 1/1 rehabilitation work as outlined in the April 2020 Phase 2 SSES Report and summarized in Table 1 attached.Contract No.2 includes sewer rehabilitation in Subarea 12. Design Services shall include: • Project Management — This task occurs concurrently with the steps outlined to and includes those tasks necessary to inform the Town of the projects needs; monitor and control the design process; coordinate information and meetings; coordinate the subcontractors and in-house design staff,reach timely decisions to meet the project schedule;reports to the Town on the progress of the project and status of schedule and budget; and technical oversight of project activities. • Design Documents — Woodard & Curran will prepare design Specifications and Drawings. Design drawings for the CIPP work will be based on existing GIS mapping, and will show the location and type of repair, special instructions, and standard construction details. Design drawings for rehabilitation of sewers will be based on the Town's existing IS information and existing as-builts data,and will show the location and type of repair, special instructions, and standard construction details. Specifications shall be based on the Engineers Joint Contract Documents Committee(EJCDQ format and Town requirements.Woodard&Curran will provide drawings to the Town for review and input from Town Staff on the design,Woodard&Curran will incorporate Town comments into the design as mutually agreed on. Bidding Documents will be delivered to the Town in two submittals: 90% Design Documents (drawings and specifications) and Final Design Documents. Final Bidding Documents will incorporate review comments on the 90% documents received from the Town. Bidding Documents for all work will be developed in accordance with Massachusetts General Law(MGQ Chapter 30 Section 39M. • Permitting — Prepare and submit permit applications required by state and federal requirements is are anticipated to include one (1) North Andover Conservation Commission (ConCorn) Request for Determination of Applicability and local ConCom requirements;and one(1) Massachusetts Department of Transportation(MassDOT) permit an Page 1 of 2 NOI will not be required for this project.Woodard &Curran will include requirements resulting from the permitting and approvals process on the Design Documents including environmental controls for construction. Woodard Police Details— Engineer and/or Engineer's subcontractors will coordinate police details that & Curran may be required for various aspects of the design. Police detail costs shall be paid directly by the Town and is not included in the fees presented herein. Woodard& Curran has not included the following services in the Scope of Work and budget. Woodard & Curran can provide these additional services at your request under a contract amendment: • Survey services for design. • Geotechnical engineering services. • Wetlands delineation. • CCTV. • A Massachusetts Environmental Policy Act( EPA)filing. • NOI filing with local ConCom COMPENSATION The compensation for the above listed Scope of Services shall not exceed$75,000 without prior approval from the Town. Any additional services that may be requested by the Town will be provided as an amendment to this scope. Woodard &Curran will prepare monthly invoices for our services. Compensation is lump sum billed by percent complete. Page 2 of 2 Subarea N 4 -j Heavy Clean&CCTV(LF) 0 o Open Cut Replacement(LF) 0 Co Spot Repair(LF) (A a. Cured in Place Pipe(CIPP) Lining V a-, (LF) S n n) o Cr .4 r, Clean, Inspect,Test&Seal (CITS) n N N A 01 Ol (FA) 4. � N 3 CO rn Chemical Root Treatment(LF) o M O 0 o Lateral Inspection (EA) n. W 0 o Grout Lateral Connection(EA) M M Replace Frame and Cover(EA) I W M .9, .A Reset Frame and Cover(EA) s Cr .D. IN Curtain Grout(EA) �°—� X 0 o Cementitious Coating (EA) a- 0 o Point Repair(EA) a .r Heavy Clean (EA) o w w Rebuild Bench and Channel (EA)