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Channel Markers 2017 to 2020 CONTRACT 9.15.2016Contract #_________________Budget: Channel Markers 2203175-530000 City of Northampton, MassachusettsChannel Marker Installation and MaintenanceConnecticut River and Oxbow--Holyoke to Northampton Massachusetts Boating Seasons 2017 to 2019 THIS AGREEMENT, executed this ___ day of October 2016 by and betweenKen Kubic, d/b/a Pioneer Valley Marine Recover, 22 River Road, South Hadley, MA 01075, hereinafter called "Vendor" and the City of Northampton, a Massachusetts municipal corporation, party of the second part hereinafter called "Owner", acting through its Office of Planning and Sustainability. WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Vendor shall agree to the terms and conditions contained in this contract, enumerated as follows: This Agreement, Request for Bidders Documents, Contract Forms, and all addenda issued prior to and all Modifications issued after execution of the Contract. THE OWNER shall pay the Vendor for the performance of this contract the sum of: $14,000 per year ($42,000 over the three year contract) for base services, plus $2,200 for each resetting of markers over and above the resetting included in the base services, ONLY when requested in writing from the Director of Planning & Sustainability, plus $ 520 for each replacement of buoys requested in writing from the Northampton Director of Planning and Sustainability $49,400 Total contract value (assuming 1marker resetting over base and 20 buoy replacements) Payment will be made within 45 days as follows:May 2017: 1/3rd annual base price upon pickup of markers and spring storageJuly 2017:1/3rd annual base price upon channel marker installation in riverOctober 2017: 1/3rd annual base price plus upon removal of markers, cleaning, and reportMay 2018: 1/3rd annual base price upon pickup of markers and spring storageJuly 2018:1/3rd annual base price upon channel marker installation in riverOctober 2018: 1/3rd annual base price upon removal of markers, cleaning, and reportMay 2019: 1/3rd annual base price upon pickup of markers and spring storageJuly 2019:1/3rd annual base price upon channel marker installation in riverOctober 2020: 1/6th annual base price upon removal of markers, cleaning, and reportMay 2020:1/6th annual base price upon release to 2020 vendor or the City/Owner.As neededresetting of markers after major displacement, with proper city authorization.As neededreplacement buoys, with proper written city authorization Based Services provided by VendorVessel: Have ongoing access to a shallow draft vessel capable of hoisting and installing all these markers in place in shallow waters and in heavy current, and to a commercial diver. Boat must be available in the river within 24 hours of a major displacement.Maintain: Clean, repair, paint and re-tape markers, as needed. Straighten countershafts, if needed. Maintain and replace shackles and 5/16th or 3/8th inch galvanized chains, marked with the identification of the corresponding buoy, as needed. Maintain batteries for light. Replacement of non-repairable buoys arenot authorized under this contract except as noted. A buoy shall be considered non-repairable if the cost to repair it exceeds 50% of the cost to replace it. Replacement of any buoys must be separately authorized City.Install: Deliver and install 56markers to their Coast Guard approved sites (see attached inventory) between June 7th and June 21st of each year, high water permitting. If high water, Vendor shall seek the Office of Planning and Sustainability’s approval for new installation dates. Inventory: Provide an inventory on the condition of the buoys, the approximate depth of the water where each buoy is located, the condition of each buoy, chain and anchor, using the attached reporting form approved by the Northampton Office of Planning and Sustainability.Maintain Position: Maintain markers in position throughout the 2017 to 2019 boating seasons and correct any offsets and displacements. Any marker displaced after Labor Day should not be reset. In the case of a ‘Major Displacement” (i.e., when more than half the markers in the main channel, not including the Oxbow are displaced by high water), the Vendor shall notify and reset makers only when they receive written approval from the Office of Planning and Sustainability. Otherwise, the off station markers shall be removed early and put into storage. The Vendor shall be responsible for correcting one “Major Displacements” as part of base contract. For any additional major displacement, the Vendor shall honor the prices quoted in this contract for such resetting after major displacement.Marker Replacement: Vendor shall provide other marker replacement when authorized by an amendment to this contract or, when below City contract thresholds, if so hired for those purposes by the City of Northampton through its Office of Planning and Sustainability. Vendor shall honor the prices quoted in this contract for replacement markers.Notification: Notify the Office of Planning and Sustainability, the Chair of the Ct. River Channel Marker Committee, and the Coast Guard immediately upon notice that a marker has been damaged. (The Vendor will be the Coast Guard contact.) Removal and Storage: In Spring 2017, pickup markers from at 22 River Road, South Hadley, MA at mutually agreeable time. Remove all markers, clean upon removal, and store at a secure site arranged by the Vendor and approved by the Office of Planning and Sustainability when markers are not in the river. Vendor is responsible for security of markers, chains and anchors in storage until June 2020, when Vendor for next contract picks them up.Report: Using the attached inventory report, present a complete oral and written inventory of all markers and their condition, with pictures of each marker, to the Owner a within sixty (60) days of their removal Owner and prior to submitting the year end invoice, updating all items in the inventory report. Prevailing Wages: Any work performed by an employee, other than the company owner, shall pay prevailing wages and provide written documentation in the form of copies of payroll stubs to the City. The current prevailing wages are attached. New prevailing wages will be provided annually on the anniversary of these wage rates. This contract shall not be altered in any particular without the consent of all parties to this contract. All alterations to this contract must be in writing and authorized as such by the Mayor and the Office of Planning and Sustainability. The Vendor shall not delegate, assign or transfer any of its duties delineated in the scope of services without prior written consent from the CITY. In the event the Vendor is a corporation a certificate that the person executing this contract is duly authorized to sign, must accompany this contract. Notwithstanding anything in the Contract documents to the contrary, any and all payments which the City is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the City Auditor. Obligations for payments beyond the current fiscal year are subject to appropriation and this Contract shall be canceled in the event of non-appropriation. Final payment on this contract shall release and discharge the Owner from any and all claims against the Owner on account of any work performed hereunder, or any alteration hereto. The Vendor shall indemnify and hold harmless, the CITY and all of its officers, agents, and employees against all suits, claims or liabilities of every nature, arising out of, or in consequence of, the acts or omissions of the Vendor, its employees, agents, or sub-contractors in connection with their rendering of services or goods under this AGREEMENT and will, at the Vendor’s own cost and expense, defend any and all such suits and actions By signing this contract the Vendor agrees to subject any dispute to mediation, at the option of the City, prior to filing suit in any forum. This contract shall be deemed to be a Massachusetts contract and its interpretation and construction shall be governed by the laws of Massachusetts and the Charter and Ordinances of the Owner. The provisions of this contract are severable. If any provision of this contract shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect any other provisions of this contract. The City of Northampton is not bound by this contract until approved by the Mayor of Northampton. Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. I further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full. The vendor does not have a Northampton office. IN WITNESS WHEREOF the Owner caused these presents to be signed in quadruplicate and approved by David J. Narkewicz its Mayor and the said Vendor has caused these presents to be signed in quadruplicate and its official seal to be hereto affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall take effect as a sealed instrument. Vendor: _____________________________________(Vendor): _____________________________________it's ______________________________ Authorized signaturedatetitle1. IF corporation, include documentation that signatory is authorized to sign for corporation.2. Please attach one W-9 to this contract when you return it to the City. CITY OF NORTHAMPTON (Owner) ______________________Date ____________ Wayne Feiden, FAICP, Director of Planning and Development _______________________Date ___________ Joyce Karpinski, City Auditor, approved as to appropriation. _______________________Date_____________ Joe Cook, Chief Procurement Officer, as to MGL c. 30B compliance and as to form _______________________Date ____________ Mayor David J. NarkewiczCertificate by Corporation to Sign ContractI,________________________ Secretary of ______________________________, hereby certify that at a duly authorized meeting of the Board of Directors of the held on at which all the Directors were present or waived notice, it wasvoted that__________________, __________________be and he hereby is authorized to execute contracts and(Name)(Title)bonds in the name and behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company's name on its behalf by such officer under seal of the company, shall be valid and binding upon this company,A TRUE COPY,ATTEST (by corporate secretary):Place of Business Date of Contract Foreign Corporation CertificationNOT APPLICABLE TO THIS CONTRACTAFFIDAVIT OF COMPLIANCEForm AF-4A 1/78EXECUTIVE OFFICE FORADMINISTRATION AND FINANCEThe Commonwealth of MassachusettsMASSACHUSETTS BUSINESS CORPORATIONNON-PROFIT CORPORATION-- FOREIGN (non-Massachusetts) CorporationI_____________________, President or Clerk of _________________________________whose principal office is located _________________________________________________________do hereby certify that the above named Corporation has filed with the State Secretary all certificates and annual reports required by Chapter 156B, Section 109 (Business Corporation), by Chapter 181, Section 4 (Foreign Corporation), or by Chapter 180, Section 26A (non-profit Corporation) of the Massachusetts General Laws.SIGNED UNDER THE PENALTIES OF PERJURY THIS day of , 2016.Signature of responsible Corporate Officer ____________________________________________________Request for Bids Channel Marker Installation and MaintenanceConnecticut River and Oxbow--Holyoke to Northampton Massachusetts Boating Seasons 2017 to 2019 Invitation to Bid The City of Northampton invites sealed bids for a three (3) year service contract for the installation, maintenance, removal, replacement, and storage of 56 channel marking buoys in the Connecticut River and Connecticut River Oxbow. Estimated total value of contract, including all likely amendments for replacement markers, is estimated at $45,000. Work includes: Install the channel markers in their approved locations at the start of summer. Maintain markers in position during the summer. Remove markers immediately after Labor Day and store in a secure location. Inventory markers at the end of each season. Clean, maintain, repair and replace markers as detailed. The successful bidder will execute the attached contract detailing the project. The City reserves the right to reject any or all bids or to award the contract for overall services but not fund the replacement of missing markers or extended season. The Channel Markers have been designed in accordance with the specifications of the United States Coast Guard Aids to Navigation. The attached marker report includes a description of the markers. Buoys can be viewed on the river until they are removed after Labor Day. Massachusetts Prevailing Wages shall be paid for any non-owner employees, in accordance with the attached prevailing wage sheets. We will provide new prevailing wages for each successful year of the contract. For the purposes of determining the low bid, we will assume one major displacement that is not covered under the base services. Instructions for Bidders—DUE 10:00 AM Thursday September 15, 2016 Bids must be submitted on the bid form Delivered in a SEALED envelope marked CHANNEL MARKER BIDS to: Wayne Feiden Office of Planning and Sustainability 210 Main Street, Room 11 Northampton, MA 01060 Questions: Wayne Feiden, FAICP at WFeiden@NorthamptonMA.govChannel Marker Bid form For completion of all work detailed in the Request for Bids, I bid: $ per year (times three for contract value) for base services(i.e., maintaining, installing, removing, storing, etc) PLUS$_________per resetting of markers after major displacement not in base services PLUS $_________per replacement marker requested by the OWNER. 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.