HomeMy WebLinkAboutContract #: 1633 - From: 08-01-2023 To: 06-30-2026 - Weston and Sampson - DPW CONTRACT NO.
VENDOR NO. _2984
CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on 3 I day of July, 2023, by and between Weston &
Sampson Engineers, Inc a Massachusetts corporation with a usual place of business at 55
Walkers Brook Drive, Suite 100, Reading, MA, 01867, "ENGINEER" and the Town of North
Andover (the "TOWN") a municipal TOWN duly established by law and located at 120 Main
Street, North Andover, Essex County, in the Commonwealth of Massachusetts.
WHEREAS,the TOWN sought a request for qualifications for professional Engineering services for
the"On-Call Professional Engineering and Support Services".
WHEREAS, the ENGINEER represents that it is duly qualified in this field, and has agreed to
perform such services for the TOWN.
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
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The ENGINEER will provide "On-Call Professional Engineering and Support Services" as
requested by the TOWN. Individual assignments will be subject to written scope of work and
budget on a Purchase Order basis,with fees to be paid in accordance with master contract billing
rates (See Attached) submitted and accepted by the Town. This Contract will commence upon
execution and terminate on June 30, 2026, Time is of the essence for this Contract. Any
extensions of time must be in writing and are at the sole discretion of the TOWN.
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The Priced Proposal,all required Certifications,and all Insurance Binders are incorporated herein
and made part of this Contract.
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Total payment under this Contract shall not exceed the Purchase Order issued for the requested
individual assignments. This Contract is expressly subject to and contingent upon an
appropriation of funds.
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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 ENGINEER for breach of this Contract.
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The ENGINEER 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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Such services under this Contract will be performed as expeditiously as possible in a good and
workmanlike manner under the supervision of, and to the satisfaction of the Department Head
in the TOWN. The ENGINEER states that it is qualified, and is in all relevant aspects, in good
standing.The ENGINEER certifies that performance under this Contract will meet ethical business
standards and good stewardship of taxpayer and public funding to prevent waste or abuse.
The 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 as will
ensure completion in a timely manner.
The ENGINEER shall use it best skills and attention,which shall not be less than such state of
skill and attention generally rendered by the ENGINEER/design professional for projects similar
to this Project in scope,difficulty and location. Consistent with the referenced standard of care,
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.
All consultants must be registered and licensed in their respective disciplines if registration and
licensor are required under the applicable provisions of Massachusetts law. The ENGINEER and
all consultants and subcontractors shall conform it 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. Neither the TOWN's review, approval or acceptance of 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.
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The ENGINEER shall produce One (1) reproducible copy of all drawings, plans, specifications and
other documents prepared by the ENGINEER which shall become the property of the TOWN upon
payment in full therefor tot 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 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.
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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 tot TOWN. All such information is furnished only for the
information and convenience oft 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 commences
work without the TOWN's prior written consent. Such work shall be compensated as agreed
upon by TOWN and ENGINEER.
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The ENGINEER shall give its personal attention constantly to the faithful performance of the work
and shall keep the same under its personal control and shall not assign nor sublet the work or
any part thereof without the previous written consent of the TOWN and shall not, either legally
or equitably, assign any of the monies payable under this Agreement or its claim thereto unless
by and with the written consent of the TOWN.
The ENGINEER 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.
Any authorized subcontract entered into by the ENGINEER for the purposes of fulfilling the
obligations under this Contract must shall be consistent with and subject to the provisions of this
Contract. Subcontracts will not relieve or discharge the ENGINEER from any duty, obligation,
responsibility or liability arising under this Contract. The TOWN is entitled to copies of all
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subcontracts and shall not be bound by any provisions contained in a subcontract to which it is
not a party.
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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, and in full
conformity with MGL c.268A. 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.
It is further agreed by the ENGINEER 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
ENGINEER'S performance or non-performance of this Contract, then the ENGINEER, without
reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out
of the ENGINEER'S performance or non-performance of the Agreement, to the extent that the
ENGINEER is found liable.
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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It is further agreed that the TOWN may terminate this Agreement without cause, upon fourteen
(1 ) 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 Agreement at any time for cause.To the
full extent permitted by law, no official, employee, agent, or representative of the TOWN shall
be individually or personally liable on any obligation of the TOWN under this contract.
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It is understood and agreed by the TOWN and the ENGINEER 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 ENGINEER a copy of the Contract Performance Record
Form shall be furnished to the ENGINEER.
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The ENGINEER certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state, and
local, which are applicable to this contract, and services provided to a public entity; and it is
presumed that the ENGINEER 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.
The ENGINEER shall at all times during the Contract maintain in full force and effect Employer's
Liability, Worker's Compensation (MGL c. ), 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 " IIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of
this agreement); and before commencement of work hereunder the ENGINEER 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 ENGINEER's insurer, the
notice will be provided by the ENGINEER.' The TOWN shall be named as an additional insured
under each policy or policies, except Workers'Compensation.
For the purpose of the Contract, the ENGINEER shall carry the following types of insurance in at
least the limits specified below.
• Workers'Compensation—the required statutory amount
• 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
The coverage shall be in force from the time of the agreement to the date when all the
construction work for the Project is completed and accepted bythe TOWN.If,however,the policy
is a claims made policy, it shall remain in force for a period of six(6)years after completion.
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The ENGINEER will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151B (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 ENGINEER shall comply with all federal and state laws, is and regulations promoting it
employment practices or prohibiting employment discrimination and unfair labor practices and
shaII 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.
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The ENGINEER 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. If applicable, the ENGINEER will at
all times comply with the wage rates as determined by the Commissioner of the Department of
Labor and Industries, under the provisions of General Laws c149, §§26 to 27D (Prevailing Wage
Law), asshall be in force and as amended. The ENGINEER will, in addition to any other
submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN
with the information described in General Laws c149, §27B.
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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 ENGINEER 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.
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This instrument, together with its endorsed supplements, 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 tot original Contract, prior to the effective date of the
amendment.
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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 ENGINEER shall be deemed sufficient if sent
to the address set forth in the Contract and to the TOWN of North Andover by being sent to the
TOWN Manager,TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845.
IN WITNESS WHEREOF the parties have hereto and to one other identical instrument set forth their
hands the day and year first above written.
THE TOWN THE ENGINEER
,ww Weston& Sampson Engineers, Inc.
.69partment Head Name of Firm
Date: Date: 7/27/2023
Melissa Murphy-Rodrigues , by: Print Name &Title
TOWN Manager Tara E.McManus, PE, Senior Associate
Date: Date: 7/27/2023
Federal Identification
No.: 042601194
APPROVED AS TO FORM:
Christine P. O'Connor,TOWN Counsel
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
- f)-\0 )D�IL
Lyne vage,TOWN AccoLfpjant
Date
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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.
P m
Signature pate 7/27/2023
Tara E.McManus,PE,Senior Associate Weston&SampsonnInc.
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b), I
Tara E.McManus ,authorized signatory for Weston&Sampson ' e c.
Name of individual Name of ENGINEER
do hereby certify under the pains and penalties of perjury that said ENGINEER 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 ENGINEERS, and withholding and
remitting child support.
7/27/2023
Signature Date
8
8
55V%km 0-C*Dflw SWIM 100"ftsd%,MA0i867
Tot 9MM,12W
-vote
The undersigned,Clerk of Weston&Sampson Engineers,Inc,,hereby certifies that at a meeting duty called in accordance with
the by-laws,the Board of Directors unanimously passed the following resolution on December 15,2022.
vurED To authorize
Jeffrey J,Alberti Francis M. Ricciardi
acting individually, toexecute and deliver on behalf of the Corporation, contracts for Professional Services which are in the
ordinary course of the Cor22r 2Lioresbusiness,riot includi22 contracts exceeding$5,000,000,during the fiscal year 2023,.
VOTED: To authorize
Prasanta K. Bhunla Kipfing R,Gearhart Margaret A. McCarthy Cheri F.Ruane
Pompeo Casale Robert A.Goober George D.Naslas Michael J.Scipione
Barbara K.Cook Robert I...Horner Frank E Occhipintl Leah E-Stanton
David M.Elmer Hillary M.Lacifignota Christopher M.Perkins Daniel G.Tenney III
John A.Figurelli Colleen Manning Kim Plourde Patrick A Terrien
Donald G.Call Blake A.Martin Eric T, Reitter Christopher B.Wester
acLing Mividually, toexecute and deliver on behalf of the Corporation, contracts for Professional Services which are in the
ordlim course of the C=. strati onls business,not includim contracts exceeding$3.000,000,during the,fiscal year 2023.
VOTED: To authorize
S.Roger AJcott Rob F.Good,Jr. Brian J,McCormack Paul V. Uzgids
Daniel P.Biggs Michael D.Kastariotis Nathan E Michael Stephen P,Witehe
Robert J.Bukowskj Peter J.Kolokithas Steven K.Pedersen Anthony Zerilli
Patfick M.Cotton Kevin&MacKinnon Daniel E.Sheahan Joseph M.Zongol
Reed M.EL-Farhan Jeffrey W.McClure John M,Sykora
James R.Fair Tara E.McManus Robert G.Tedeschi
acLing indMdually, to execute and deliver on behalf of the Corporation, contracts for Professional Services which are in the
ordinary course of the Corporation's business,not includin2 contracts exceed! 2$500,000,durinIthe fiscal year,2023.
VOTED.To authorize
Scott R.Bruso Tulin H. F°uselier Williarnr.Keefer Meghan E.Moody
Robert Bukowski Indrani Ghosh Kara D. Keleher Jaurice&Schwartz
Timothy P.Corrigan Paul Greco Christopher S.Kennedy Steven D.Shaw
Sarah R.DeStefano Johanna D.Hall Brandon M. Kunkel Michael A Smith
Juhe AL Eaton Ernst Kevin S.Hutchens Paul A.MclUnlay Cad W. Stone
Laurie R.Toscano
acting individually, to execute and deliver on behalf of ft Corporation, contracts for Professional Services which are In the
ordin2ry,course of the CorporaWn's business,not includirg contracts exceeding$100,000 cluriM the fiscall year 2023..
The undersigned further certifies that the above vote has not been amended or rescinded and remains In full force and effect
as of the date set forth below.
'00o.. SON
Z
F
7/27/2023
erid PE,Clerk to
westananftarnpw.com
ATTACHMENT-RATE TABLE
10
FEE SE (ll F
Town of North Andover, MA
Division of Public Works
On-Cal Professional Civil Engineering and Support Services
HOURLY BILLING RATES
Weston &Sampson will conduct the work under this contract in accordance within the hourly billing
rate ranges presented below for each labor category. Actual rates charged within the billing ranges
will depend on the actual salary rates of the personnel assigned to each project.
Personnei/Position Total Hourly Rate Range
Principal/Vice President/Senior Associate/Senior Team Leader $200- $350
Project Manager/Senior Project Manager/Associate/Team Leader $135 - $225
Senior Engineer/Senior Hydrogeologist/Senior Scientist $125 - $175
Senior Architect/Senior Landscape Architect $125 - $175
Engineer/Hydrogeologist/Scientist/Architect/Landscape Architect $100 - $145
Senior Resident Representative/Resident Representative/Construction Services $105 - $175
Senior Survey/Survey/CAD Operator/Senior GIS AnalysVGIS Analyst $ 90- $175
Senior Technician/Senior Operator/Technician/Operator $ 90- $175
Sr. Office Coordinator/Administrative Assistant/Co-Op $ 75 - $125
Weston &Sampson performs an annual rate review and salary adjustments as of January 1"of each
calendar year. We therefore anticipate requesting an adjustment of hourly rates for various
individuals as of January 1, 2024,
ENSES
Weston & Sampson will invoice for direct expenses including printing, testing services, shipping
costs, subconsultants, and other identifiable direct costs at a rate of 1.10 times actual costs.
R MAWorth Andover MXGenerallContract TemptatestFee Schedule 2023.docx