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HomeMy WebLinkAboutContract #: 1814 - From: 01-04-2025 To: 12-23-2025 - Jensen Hughes - DPW Docusign Envelope ID:201BE732-6BD5-4DE6-8C68-6DB11AE5C7D0 CONTRACT NO. L / VENDOR NO. 25941 CONTRACT FOR ENGINEERING SERVICES WITH THE TOWN OF NORTH ANDOVER This CONTRACT made and entered into on 14 day of January 2025, by and between Jensen Hughes,Inc,with a usual place of business at 8830 Stanford Boulevard,Suite 200,Columbia,MD 21045, "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 priced proposal for professional Engineering Services for assistance with troubleshooting our water distribution system In North Andover. 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: -I- The ENGINEER will complete the scope of work as described in the proposal dated December 16,2024, included in Exhibit A. ENGINEER'S Schedule and Fee Structure is set forth the ENGINEER'S proposal attached as Exhibit A.This Contract will commence upon execution and terminate on December 23,2025.Time is of the essence for this Contract, subject to delays beyond ENGINEER's reasonable control. Any extensions of time must be in writing and are at the sole discretion of the TOWN. -2- The ENGINEER's Bid, Scope of Services, Price Proposal and Fee Schedule, all required Certifications, all Insurance Binders, and General Terms and Conditions, are incorporated herein and made part of this Contract. in the event of a conflict between the terms and conditions of this Agreement and any of these incorporated documents,the terms and conditions contained in paragraphs 1-23 shall prevail. -3- Total payment under this Contract shall be on a time and materials base with a not exceed amount of $15,000.00 Dollars. This Contract is expressly subject to and contingent upon an appropriation of funds. Docuslgn Envelope ID:201BE732-6BD5-4DE6-8C68-6D811AE5C7D0 -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 ENGINEER for breach of this Contract. -5- 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. -6- 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 their best skills and attention, which shall not be less than such state of skill and attention generally rendered by the ENGINEER 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 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. Neither the TOWN's review, approval or acceptance of any 2 Docusign Envelope ID:201BE732-6BD54DE6-8C68-6D811AEBC7D0 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. - -7- The ENGINEER shall produce, if applicable, one (1) reproducible copy of all drawings, plans, specifications and other documents prepared by the ENGINEER which shall becomethe 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 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. -8- 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 TOW N's prior written consent. Such work shall be compensated as agreed upon by TOWN and ENGINEER. -9- 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. 3 Docusign Envelope ID:201BE732-6BD5-4DE6-8C68-6D811AE5C7D0 Any authorized subcontract entered into by the ENGINEER for the purposes of fulfilling the obligations under this Contract 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 subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. -10- 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. -11- 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 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. -12- It is further agreed that the TOWN may terminate this Agreement 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 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. -13- 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. 4 Docusign Envelope ID:201BE732-613MADE6-8C68-0811AE5C7D0 -14 - 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. -15- 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. -16- The ENGINEER 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 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 and Professional Liability. 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—$1,000,OOOfor 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 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. 5 Docusign Envelope ID:201BE732-6BD5-4DE6-8C68-6D811AE5C7D0 -17- 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.1516 (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, 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. -18- 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, or any authorized sub-contractor 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),as shall be in force and as amended.The ENGINEER,or any authorized sub-contractor 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 c.149, §27B. -19- At anytime during normal business hours upon five (5) business days' prior written notice to the ENGINEER, but no more than once per calendar year,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. -20- The ENGINEER shall exercise its Standard of Care in its efforts to comply with applicable laws, codes and regulations in effect on the date of this Agreement or the date of issuance of the permit set of Construction Documents,whichever is later. Design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle the ENGINEER to a reasonable adjustment in the 6 Docusign Envelope ID:201BE732-6BD54DE6-8C68-6D811AE5C7D0 schedule and additional compensation as otherwise agreed by the parties in writing. - -21- 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.AnyAmendments 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. -22- 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. 7 Docusign Envelope ID:20113E732-6I3D54DE6-8C68-6D811AE5C7D0 1 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 ,],_ ' C4 li, Jensen Hughes, Inc Department Head Name of Firm C Date: Date: Jan 14, 2025 EV pn.a ey: Melissa Murphy-Rodrigues by:Dina Wong,Secretary TOWN Manager Date: Date: Federal Identification , No. 52-1199515 APPROVED AS TO FORM: Christine P.O'Connor,TOWN Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: 0 KyleWarn , TOWN Accountant Dater Y i i 8 r Doousign Envelope ID:201EE732-6ED5-4DE6-8C68-6D811AE5C700 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. 11""d Snature Date Tan 14® 2025 Dina Wong,Secretary Jensen Hughes,Inc Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b ,I Dina Wong authorized signatory for Jensen Hughes,Inc. Name of Individual Name of ARCHITECT ENGINEER J do hereby certify under the pains and penalties of penury that said ENGINEER has complied with 1 all laws of the Commonwealth of Massachusetts, and the TOWN of North Andover, relating to f taxes, permit or other fees, reporting of employees and ARCHITECTS, and withholding and remitting child support. r Jan 14, 2025 Signature Date f r i Docusign Envelope ID:201BE732-6BD54DE"C66-6D611AE5D7130 Certificate of Authorization CITE:A certified vote of the corporation may be substituted for this form.) e Vendor, Jensen Hughes, Inc. is:(CHECK ONE) (Name of Com y/Co ullant/+D mation) z X A. a corporation formed and existing under the laws of the state of Maryland and pursuant to the corporate by-laws, 0 Onsert Name and Title of Authorized Representative) is authorized to execute contracts in the name of said corporation. Such execution of any contract or obligation in this corporation's name on its behalf by such duly authorized individual shall be valid and binding upon the corporation. 4 r B. a limited liability company or a partnership formed and existing under the laws of the state of and pursuant to the limited liability company agreement or partnership agreement, (Insert Name and Title of Authorized Representative) is authorized to execute contracts in the name of said company or partnership.Such execution of any contract or obligation in this company or partnership's name on its behalf by such duly authorized individual shall be valid and binding upon the company or partnership, C. is a sole proprietorship owned an operated exclusively by the undersigned. f (Insert Name and Title of Authorized Representative) 1 Execution of any contract or obligation tion in this sole proprietorship's name by such duly authorized individual shall be valid and binding. i Signature: ' 6 . (Must be signe�cTcy orporate Officer,Partner,or Sole Proprietor) 10 Docusign Envelope ID:201BE732-6BD5-4DE6-8C68-6D811AE5C7D0 Dina Wong Print Name of Above Secretary Title Tan 14, 2025 Date 11 Docusign Envelope ID:201BE732-6BD5-4DE6-BC68-6D811AE5C7D0 EXHIBIT A i i i 12 Docusign Envelope ID:2018E732-SBD5-4DE&8C6"D8IIAE5C7D0 JENSEN HUGHES December 16,2024 John Borgesi,P.E. Assistant Director/Town Engineer To of North Andover Department of Public Works 384 Osgood Street North Andover, MA 01845 978-685-0950 x44021 RE: MASS-24-669—Water System Consulting Dear,Mr.Borges!, Jensen Hughes(consultants pleased to provide this proposal to the To of North Andover(client)for consulting pertaining to the pressure spikes In the public water system. Our consulting efforts will be In concert with several other disciplines contracted separately. Scii), )e of&ndces Jensen Hughes proposes to provide the following scope of services: CONSULTING We will provide consulting services as requested by the client. The services will Include but not be limited to • Reviewing drawings and calculations, • Site visits, • Meetings both In person and virtual. 33 Arch Street Boston,MA,02110 0:+1781-382-2368 Copydght 0 2022 Jensen Hughes,Inc. jensenhughes.coni All Rights Reserved.T0422 Docuslgn Envelope ID:201BE732-6BD5-4DE6-8C68-6D81 1AE5C7DO MASS-24-634—i7o Salem Street—7Yer2 Sprinkler Third Party Review 7hird-Party Review Any other work requested by Client outside of the Services specified above shall be considered an'Additional Service and will be conducted on a mutually-agreed-upon basis.When such work Is requested,Jensen Hughes will submit an estimate of the cost to the Client for approval prior to commencing work. Additional work may Include,but Is not limited to: I- Meetings and surveys In addition to those specified above. 2. Review of any life safety,egress,or accessibility features of the building. 3. Review of any building code requirements other than components of Chapter 9. 4. Preparation of formal variances and attendance at variance hearings. 5. Design of any fire protection systems not listed In the Scope of Services. 6. Additional consulting services beyond those described In the Scope of Services. 7. Reproduction of design documents In excess of that identified In the Scope of Services. 8. Cost estimate development or review. 9. Review of additional submittals In excess of those listed In the Scope of Services. 10. All services not specifically described In the Proposal are excluded from Consultant's Scope of Services. Clierit Responsibilitirs This proposal Is based upon the Client performing the following activities: 11. Provide Information requested to be reviewed. 2. Notify consultant when and where meetings will be held. 3. Provide Jensen Hughes with copies of all available drawings including architectural,mechanical,electrical, and drawings of the proposed fire suppression and fire alarm systems for the building,Including water flow test data.These documents will be used In providing the Basic Services. pllofes,13ional The proposed scope of services will be provided on an hourly labor rate basis with a not-to-exceed(NTE) budget of$15,000.When we get dose to this budget the Consultant will Inform the Client to determine the next actions. The following hourly labor rates apply. Page 2 1 December 16,2024 1 Rev.0 Copyright 02022 Jensen Hughes,Inc. A#Rights Reserved.T0422 Docusign Envelope ID:2OiBE732-6BD5-4DES-5C6"D5i1AE5C7DO MA&S-24-634--,170 Salem Street 71er 2,917rinkler Third Party Review Third-Par(y Review ........... Labor Category Hourly Rate Senior Technical Advisor/Fellow $350-$395 Principal Engineer Consultant $310-$350 Senior Engineer Consultant 275-$300 Lead Engineer Consultant $235-$275 Staff Engineer Consultant $200-$220 ........... ......... .................--.. ..11.1--."., Associate $175-$195 ......... ................ ...... Project Administrator $100 Reimbursable expenses are not anticipated to exceed$500 and will be billed at cost plus 15%In accordance with Exhibit A(attached), 4' Jensen Hughes will Invoice Client monthly In proportion to service performed or fixed amount by task or defiverable(s). Invoices are due 30 days from Invoice date.Invoices remaining unpaid after thirty(30) as from receipt shall be subject to a service fee of 1.5%per month,and Consultant reserves the right to pursue all available remedies,Including,without limitation,suspension of services, court costs, collection costs, reasonable attorneys`fees,expert fees, and all other costs allowed by law, is may be Incurred by Consultant In pursuit of unpaid Invoices. 4 Invoice will be submitted following the Jensen Hughes standard Invoice format. 4" Any deviation from the Jensen Hughes standard invoice format and submission process(including the use of customized billing formats and client portals for invoice submission)will result in a service fee of 1.5% over and above the agreed-upon fee. Order PrAeredence the zrderoflmvcedenm,-ekatWwae,.fokms;- 1�mmnmmu I, rape 3 l December 16,20241 Rev.0 Copyright 02022 Jensen Htghes,Inc. AM Rights Reserved.T0422 Docusign Envelope ID:201BE732-6BD5-4DE6-8C66 D6IIAE5C7D0 MA&5-24-634---i7o Salem Street—Ver 2 Sprinkler Third Party Review Third-Party Review This proposal Is valid for ninety(90)days.All Information contained In this proposal Is considered proprietary and should not be shared without receiving written permission from Jensen Hughes. Jensen Hughes appreciates the opportunity to assist The Town of North Andover. If you have any questions, please contact me at+1781-382-2366 or kruchala@jensenhughes.com. Sincerely, Jensen Hughes Kurt Ruchala,PE Senior Director Attachments:Billing Contact Information,Exhibit A Accf.,,,p,ta rzcx Jensen Hughes,Inc.. Client: SK3NA'11 1JRE SO4AII)RE Kurt Ruchala, PE PR0,11TED 84/04E,CREE)EP4111ALT F)FW4 ME)NAME,CREDENTYU.8 Senior Director TITLE FITLE December 16,2024 ..................... ................... .......... DATE Page 4 1 December 16,20241 Rev.0 Copyright 02022 Joinery Hughes,§nc. All Rights Reserved 10422