HomeMy WebLinkAboutContract #: 1594 - From: 03-24-2023 To: 03-23-2024 - Water and Wetland - DPW CONTRACT NO.
VENDOR NO. 25019
SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this-S day of , Yl /, 2023, by and between Water and
Wetland, LLC, a domestic profit corporation duly authorized by law and having a principal place
of business at 115 South Street, Upton, Massachusetts, hereinafter called "CONTRACTOR", and
the and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law
and located at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts.
WHEREAS, the TOWN was added as an authorized user of DCR contract No. 598, and;
WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to
perform the services requested by the TOWN; and
WHEREAS, the TOWN has accepted the CONTRACTOR'S proposal subject to the conditions and
agreements herein contained;
NOW, THEREFORE, IT IS AGREED by and between the Parties as follows:
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The CONTRACTOR agrees that it will provide the services as outlined in estimate #20659 dated
March 16, 2023 and attached as Exhibit A and in accordance with all terms and conditions
contained in DCR contract #598. The Estimate #20659, DCR contract #598, all required
Certifications, all Insurance Binders, and the Schedule of Minimum Wage Rates, are incorporated
herein and made a part of this CONTRACT.
The CONTRACTOR will report to the signatory Department Head of this CONTRACT.
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The Contract Period will commence on March 24, 2023, 2023 and terminating March 23, 2024.
Any extensions of time must be by written NOTICE per paragraph 21 from the TOWN, and are at
the sole discretion of the TOWN.
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Total payments under this CONTRACT shall not exceed Sixteen Thousand Four Hundred Four and
00/100 ($16,404.00) DOLLARS. This Contract is expressly subject to and contingent upon an
appropriation of funds.
-4-
The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an
invoice,so long as all services provided are sufficiently detailed in the invoice, and that the invoice
has filed with the contracting department. Any payment under this Contract shall not constitute
or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN
may have against the CONTRACTOR for breach of this Contract.
-5-
The CONTRACTOR agrees that no obligation shall be considered to have incurred under this
CONTRACT unless and until a purchase order shall have been duly issued and approved. And
further,that the obligation incurred shall be limited to the amount set forth in purchase order or
purchase orders duly issued and approved.
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The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing. The
CONTRACTOR certifies that performance under this Contract will meet ethical business standards
and good stewardship of taxpayer and public funding to prevent waste or abuse.
-7-
The CONTRACTOR shall at all times during the Contract maintain in full force and effect
Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage
Insurance, including contractual liability coverage. All insurance shall be for policy limits
acceptable to the TOWN; all required insurance shall be certified by a duly authorized
representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form
(incorporated into and made a part of this agreement); and before commencement of work
hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s)of insurance or other
evidence satisfactory to the TOWN. The certificates shall contain the following express
obligations: "In the event of cancellation or material change in a policy affecting the certificate
holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is
not provided by CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR." The
TOWN shall be named as an additional insured under each policy or policies, except Workers'
Compensation.
For the purpose of the Contract,the CONTRACTOR shall carry the following types of insurance in
at least the limits specified below.
Workers' Compensation—the required statutory amount
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Employer's Liability—$500,000
Bodily Injury& Property Damage Liability Except Automobile—$500,000
Automobile Bodily Injury&Property Damage Liability—$1,000,000 combined single limit for each
accident.
Excess Umbrella Liability—$5,000,000 for each occurrence
-8-
It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR,
without reservation, shall indemnify and hold harmless the TOWN against any and all claims
arising out of the CONTRACTOR'S performance or non-performance of the CONTRACT.
To the full extent permitted by law, no official, employee, agent or representative of the TOWN
of North Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local, which are applicable to this Contract or work with a public entity; and it is presumed that
the CONTRACTOR is cognizant thereof. Any and all proceedings or actions relating to the subject
matter herein shall be brought and maintained in the courts of the Commonwealth, which shall
have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal
rights of the parties.
-10-
The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30B and all
related sections, including amendments thereto, in performing all work under this CONTRACT,
and the provisions of said sections are made a part of this CONTRACT and are to be considered
as covenants, terms and conditions hereof as though all the provisions were specifically
incorporated herein,and the provisions of the said sections shall apply even though it may appear
they are not applicable to the work of the type to be performed under this CONTRACT.
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The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. The CONTRACTOR will, if applicable,
comply with the wage rates as determined by the Commissioner of the Department of Labor and
Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force
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and as amended. The CONTRACTOR will, if applicable, submit certified weekly payrolls to the
TOWN in accordance with MGL c.151, §1, et seq. The wage rate schedule attached to the bid or
solicitation shall be made a part of this contract, and shall continue to be the minimum rate or
rates of wages during the life of the contract as updated yearly unless adjusted by the
Commonwealth. The CONTRACTOR shall cause a copy of said schedule to be kept posted in a
conspicuous place during the life of the contract.
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The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151I3 (Law Against Discrimination) and
any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
The CONTRACTOR shall comply with all federal and state laws, rules and regulations promoting
fair employment practices or prohibiting employment discrimination and unfair labor practices
and shall not discriminate in the hiring of any applicant for employment nor shall any qualified
employee be demoted, discharged or otherwise subject to discrimination in the tenure, position,
promotional opportunities, wages, benefits or terms and conditions of their employment
because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual
orientation or for exercising any rights afforded by law.
-13-
The CONTRACTOR shall give its personal attention constantly to the faithful performance of the
work and shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility, obligation,duty or interest under this Contract without the written approval of the
TOWN.
-14-
It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen
(14) days' written notice to the other party, sent by certified mail, to the usual place of business
of the other party. The TOWN may also terminate this CONTRACT at any time for cause.
-15-
The undersigned certifies under penalties of perjury that this 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 any natural person, business, partnership,
corporation, union, committee, club or other organization, entity, or group of individuals.
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-16-
It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance
Record Form must be completed on this contract by the Department Head or his designee who
is supervising this contract, and such Contract Performance Record Form must be submitted to
the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment
under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record
Form shall be furnished to the CONTRACTOR.
-17-
The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN
of North Andover have been paid in full.
-18-
All fees for TOWN permits or licenses required for these services shall be waived, but any
additional fees for licenses and permits shall be the responsibility of the CONTRACTOR.
-19-
This contract is only binding upon, and enforceable against the TOWN if: 1)the Contract is signed
by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to
form.
At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the CONTRACTOR for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
-20-
This instrument, and the other components of the contract documents, constitutes the entire
contract between the parties, with no agreements other than those incorporated herein. Any
Amendments to this Contract must be made in writing and executed by all signatories to the
original Contract, prior to the effective date of the amendment.
-21-
Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
or on the behalf of the party giving or serving the same. Notice shall be deemed to have been
received at the time of actual service or three (3) business days after the date of a certified or
registered mailing properly addressed. Notice to the CONTRACTOR shall be deemed sufficient if
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sent to the address set forth in the Contract and to the TOWN by being sent to the Town
Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County,
Commonwealth of Massachusetts.
IN WITNESS WHEREOF,the CONTRACTORS and the said TOWN OF NORTH ANDOVER have hereto
and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these
presents, together with said duplicate and triplicate, to be signed in their name and behalf by
their duly authorized officers the day and year first above written.
AP ROV • CONTRACT
• By—
Mclissa Murphy-Rodrigues
Town Manager, North Andover Fed.I.D. r Social Security No.
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
1
Christine P. O'Connor
Town Counsel Department Head
Lyn S vage
�O Town Accountant
Date: 's
6
EXHIBIT A
Prepared For
WATER. & WETLAND
North Andover Department of Public Works
384 Osgood Street
North Andover, MA 01845
+9786850 950 ex 44021
Water & Wetland, LLC Estimate # 20659
115 South Street Date 03/16/2023
Upton, MA 01568 Business / Tax ID: 85-1677147, CT Bus
Phone: (888)493-8526 Tax # Reg #: PMBR.03620
Email:joe@waterandwetland.com
Web: www.waterandwetiand.com
Description Tota I
Stevens Pond - FY 2023 Services (Jan 1, 2023 -June 30, 2023) $14,084.00
2023 MA-DEP Permitting $250.00
Water &Wetland, LLC will prepare and file the required State Pesticide Use Permit(WM04)with
Massachusetts Department of Environmental Protection (MA-DEP).The permit application will include
all required forms, maps,and product information/rates.
* North Andover DPW is responsible for providing a valid Order of Conditions allowing for the
treatments proposed herein to be performed.This document is necessary to obtain the MA-DEP
permit.
Pre-Management Survey, Water Quality Sampling, Initial Sonar Application $3,480.00
-In Early-May, Water&Wetland, LLC will visit Stevens Pond to perform several services. During
the visit, a pre-management survey will be conducted.The survey will be performed from a motored
boat and will include the use of visual observation paired with a standard throw-rake, as necessary.
The survey will be used to guide 2023 management activities.
-While on-site for the pre-management survey,water samples will be collected from the inlet
and outlet, properly preserved and transported to a local lab for analysis of the following
parameters:turbidity,true color, apparent color, alkalinity, pH, ammonia, nitrate,TKN,total
phosphorus, soluble phosphorus. Results will be provided within the year-end report.Any concerning
results will be brought to the attention of North Andover DPW immediately upon receipt from
the lab.
-At the time of the pre-management survey, approximately two (2) acres of fanwort growth will
be treated with Sonar herbicide. Given that Sonar(fluridone)works by maintaining the desired
concentration(approximately 8+parts per billion)for a period of 45-60+ days until plant mortality,
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Sonar One will be used. Sonar One is the time-released granular formulation of the product.
The granular herbicide will be applied from a treatment boat equipped with calibrated spreading
equipment to evenly distribute the Sonar One throughout the treatment areas.
-A Water &Wetland "Field Notes Summary"will be provided to North Andover DPW following the
visit.These summaries include the biologist's visual observations on nuisance algae and
nuisance/invasive
plant growth, water clarity, and anything else that may be noteworthy.Additionally, our Field
Notes Summaries note the work performed while on-site, purpose of the work, and include basic
water quality parameters such as temperature, dissolved oxygen, and Secchi disk clarity. Field
Notes Summaries are typically emailed to the Client within two business days of the visit, but
many times are delivered much sooner.
Sonar Booster Application, Low-Dose Alum Application, Algae Sampling $10,354.00
- In early-June,Water &Wetland, LLC will return to Stevens Pond to conduct an interim survey
to document conditions. During the survey a sample will be collected, properly preserved, and
shipped to SePro Labs in North Carolina via FedEx Overnight. SePro Labs will analyze the sample
for algae ID and enumeration with a focus on potentially harmful cyanobacteria. Results will
be sent to North Andover DPW immediately upon receipt from the lab. In the event, cell counts
warrant further action, Water &Wetland, LLC will provide recommendations at the time of result
delivery.
-Also while on-site for the June visit, Water&Wetland, LLC's biologists/environmental scientists
will apply aluminum sulfate(alum) at a low-dose rate of approximately 1 part per million (ppm).
The dosing is consistent with the historical alum applications at Stevens Pond.Alum will be
delivered to the site in a tanker truck.The driver will work collectively with our applicators
to pump the alum to our treatment vessel,where it will then be applied to the pond.The alum
will be applied using a flat-bottom jon boat equipped with a sub-surface pumping system and
tank.
-At the time of the visit, a Sonar booster application will be applied to the two acre(s)fanwort
treatment area.The granular herbicide will be applied from a treatment boat equipped with calibrated
spreading equipment to evenly distribute the Sonar One throughout the treatment areas.This
application helps to boost the fluridone concentration within the management areas to assist
with maintaining the desired contact exposure time.
-A Water &Wetland "Field Notes Summary"will be provided to North Andover DPW following the
visit.These summaries include the biologist's visual observations on nuisance algae and
nuisance/invasive
plant growth,water clarity, and anything else that may be noteworthy. Additionally, our Field
Notes Summaries note the work performed while on-site, purpose of the work, and include basic
water quality parameters such as temperature,dissolved oxygen, and Secchi disk clarity. Field
Notes Summaries are typically emailed to the Client within two business days of the visit, but
many times are delivered much sooner.
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Stevens Pond - FY 2024 Services (July 1, 2023 - December 31, 2023) $2,320.00
Sonar Booster Application, Algae Sampling $1,620.00
-In July,Water &Wetland, LLC will return to Stevens Pond to conduct an interim survey to
document conditions. During the survey a sample will be collected, properly preserved, and shipped
to SePro Labs in North Carolina via FedEx Overnight. SePro Labs will analyze the sample for
algae ID and enumeration with a focus on potentially harmful cyanobacteria. Results will be
sent to North Andover DPW immediately upon receipt from the lab. In the event, cell counts warrant
further action,Water&Wetland, LLC will provide recommendations at the time of result delivery.
-At the time of the visit, a Sonar booster application will be applied to the two acre(s)fanwort
treatment area.The granular herbicide will be applied from a treatment boat equipped with calibrated
spreading equipment to evenly distribute the Sonar One throughout the treatment areas.This
application helps to boost the fluridone concentration within the management areas to assist
with maintaining the desired contact exposure time.
-A Water&Wetland "Field Notes Summary"will be provided to North Andover DPW following the
visit.These summaries include the biologist's visual observations on nuisance algae and
nuisance/invasive
plant growth,water clarity, and anything else that may be noteworthy.Additionally, our Field
Notes Summaries note the work performed while on-site, purpose of the work, and include basic
water quality parameters such as temperature, dissolved oxygen, and Secchi disk clarity. Field
Notes Summaries are typically emailed to the Client within two business days of the visit, but
many times are delivered much sooner.
Algae Sampling $350.00
-In August, a sample will be collected, properly preserved,and shipped to SePro Labs in North
Carolina via FedEx Overnight. SePro Labs will analyze the sample for algae ID and enumeration
with a focus on potentially harmful cyanobacteria. Results will be sent to North Andover DPW
immediately upon receipt from the lab. In the event, cell counts warrant further action,Water
&Wetland, LLC will provide recommendations at the time of result delivery.
-A Water&Wetland "Field Notes Summary"will be provided to North Andover DPW following the
visit.These summaries include the biologist's visual observations on nuisance algae and
nuisance/invasive
plant growth,water clarity, and anything else that may be noteworthy.Additionally, our Field
Notes Summaries note the work performed while on-site, purpose of the work, and include basic
water quality parameters such as temperature,dissolved oxygen, and Secchi disk clarity. Field
Notes Summaries are typically emailed to the Client within two business days of the visit, but
many times are delivered much sooner.
2023 Year-End Reporting $350.00
In December, a year-end report will be submitted to North Andover DPW. If requested/required,
the report will be sent to North Andover Conservation Commission.The year-end report will include
observations, photos, descriptions/dates of work performed, sampling data, any additional relevant
information on in-pond conditions, as well as recommendations for the 2024 season.
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Subtotal $16,404.00
Tota 1 $16,404.00
Payment Schedule
(FY 2023)Due Upon Completion of May $3,730.00
Services (22.74%)
(FY 2023) Due Upon Completion of June $10,354.00
Services (63.12%)
(FY 2024) Due Upon Completion of July $1,620.00
Services (9.88%)
(FY 2024) Due Upon Completion of August $350.00
Algae Sampling (2.13%)
(FY 2024) Due Upon Delivery of 2023 YER $350.00
(2.13%)
Notes:
* In the event, algae treatment is required/requested, Water & Wetland, LLC will treat 1/2 of
Stevens Pond (per label) with SeClear Algaecide. Each SeClear Algaecide application will cost
$3,720. As-needed algaecide treatments can be approved in writing via email or by way of a
separate agreement.
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1) The Parties acknowledge that the existence and the terms of this Agreement and any oral or
written information exchanged between the Parties in connection with the preparation and
performance this Agreement are regarded as confidential information. Each Party shall maintain
confidentiality of all such confidential information, and without obtaining the written consent of
the other Parry, it shall not disclose any relevant confidential information to any third parties,
unless required by law.
2) Water & Wetland, LLC will maintain general liability insurance coverage for the entire term of
this agreement. Certificates of Insurance are available upon request and we are more than
happy to name the Customer as additional insured.
3) Unless otherwise specified in writing, all payments are due within thirty (30) days of receiving
an invoice.
4) Any alteration or deviation from the provided scope of services that may involve extra costs
will be executed only upon written change orders and will become an extra charge over the final
contract price determined by mutual agreement between the parties
5) The provided pricing shall expire 30 days from the date submitted unless extended in writing
by Water & Wetland, LLC.
6) Water& Wetland, LLC will not be held liable for delays that may be caused by weather, site
conditions, or regulatory process. We are committed to timely filing of any necessary permits, as
provided in the scope of services. The Customer understands that by signing, once filed the
permit review process is solely dependent on the State or local municipality responsible for
issuance.
7) Unless specified in the scope of services, all quotes provided include labor and materials, as
well as any equipment necessary to complete the quoted project in a timely and safe manner.
8) The liability of Water &Wetland, LLC for any claims arising out of this Agreement, regardless of
the form of action, shall not exceed the amount paid by the Customer to Water &Wetland, LLC
under this Agreement, unless otherwise agreed upon in writing by both parties.
9) In the event legal action is required to enforce payment, the Customer will be responsible for
all attorney fees and any court costs incurred in bringing legal action and/or enforcing any
judgment granted therein, plus interest at the legal rate from the date of accrual of such fees and
costs. All of which shall be deemed to have accrued upon the commencement of such action
and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order
entered in such action shall contain a specific provision providing for the recovery of attorney
fees and costs incurred in enforcing such judgment.
10) By signing, the Customer understands that some products that may be used hold restrictions
on irrigation. It is the Customer's responsibility to notify Water & Wetland, LLC of any irrigation
uses of the pond or lake.
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11 ) Herbicides and algaecides used by Water & Wetland, LLC are both EPA and State approved.
Although there is no direct toxicity to fish and wildlife, the Customer understands that fish kills
can occur naturally due to lack of dissolved oxygen, spawning stress, or otherwise. In this case,
Water & Wetland, LLC shall not be held responsible.
Water & Wetland, LLC North Andover Department of Public Works
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