Tighe_and_Bond_contract_for_North_King_and_Hatfield_Road_intersection_06_05_2011 CITY OF NORTHAMPTON, MASSACHUSETTS
CONTRACT NUMBER:_______________________________
BUDGET CODES: $99,600 Traffic Mitigation 2580175-530000
$50,000 CDBG______________________
VENDOR NUMBER: _________________________________
Consulting Services for Functional and Detailed Design (Horizontal Design)
Intersection Improvements at Hatfield and North King Street
THIS AGREEMENT, executed this __________ day of June 2011 by and between the City of Northampton, a Massachusetts municipal corporation, acting through its Office of Planning and Development
with a mailing address of Wayne Feiden, Director of Planning and Development, 210 Main Street, Room 11, Northampton, MA 01060, hereinafter called "Owner" and Tighe & Bond, Inc., with
a mailing address of 53 Southampton Road, Westfield, MA 01085, party of the second part hereinafter called "Consultant".
WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Consultant shall agree to the terms and conditions contained in this contract;
In general, the project shall include all engineering services necessary to get the design accepted by the City of Northampton and MassDOT, have the project advertised and contract awarded,
and participate in the MassDOT prebid conference, including the project services as described in the RFP and the Proposal and such items customarily required for projects of this size
and type such as geotechnical work, survey, meetings requested by MassDOT, and associated police details. In the event that services are required that are not customarily required by
the City or MassDOT for projects of this type, the Consultant will discuss these requirements with the Owner and request approval before proceeding.
The work consists of professional engineering, surveying, and geotechnical services for the functional and detailed design of the intersection of and approaches to North King and Hatfield
Streets, in accordance with this contract and:
The Owner’s “Request for Proposals for Consulting Services for the Functional and Detailed Design, Intersection Improvements at the Hatfield and North King Street {Intersection}, Northampton,”
incorporated hereto and attached (“RFP”); and
Consultant’s March 18, 2011 “Response to Request for Proposals for Consulting Services for the Functional and Detailed Design, Intersection Improvements at the Hatfield and North King
Street {Intersection}, incorporated hereto and available at www.NorthamptonMA.gov/opd (public file cabinet, Transportation) (“Proposal”).
The Northampton Office of Planning and Development (OPD) shall be the project manager for this project and the Northampton Department of Public Works shall do all engineering review.
All technical submissions shall be copied to both OPD and to DPW.
The Owner shall pay the Consultant for the performance of this contract in accordance with the terms of this contract, as shown below. This is a lump sum contract and shall not be increased
unless both parties agree in writing and sign an amended Agreement.
The fee for these services shall be the lump sum of $149,600. The schedule for payments shall be as follows in Table 1 and shall be invoiced monthly based on the percentage complete:
TABLE 1
Engineering Fee Summary
Task Budget 1. Base Plan/Data Collection $19,600 2. Project Development $17,000 3. 25% Design Submittal $39,000 4. 75% Design Submittal $41,700 5. 100% Design Submittal $16,000 6.
P,S&E Design Submittal $14,600 7. Bid Administration Services $1,700 TOTAL BUDGET $149,600
The task budgets are predicated on the Owners preference to proceed with full design, roundabout or traffic signal control, as described in Consultant’s proposal. If full design is
not selected, the budget for Tasks 3, 4, 5, and 6 may be reduced by written amendment.
Payment shall be made within 45 days of Owner’s acceptance that the percent complete of phase and receipt of Consultant’s invoice.
The term of this contract shall be to May 1, 2014.
Additional Provisions:
Performance Schedule
Timeliness of Performance
The Consultant acknowledges the importance to the Owner of the project schedule and agrees to perform the services under this Agreement in a manner consistent with the schedule, as provided
in Consultant’s March 18, 2011 Typical Highway Schedule. The Consultant and the Owner both acknowledge and anticipate that the speed of the project will be limited by funding time schedules
and that the project is not currently listed on the Transportation Improvement Program.
Schedule for Rendering Services
The project schedule includes reasonable allowances for review and approval times required by the Owner, performance of service by the Owner’s consultants, and review and approval times
required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or
size of the Project requested by the Owner, or for delays or other causes beyond the Consultant’s control.
Notice of Delay
If the Consultant becomes aware of delays due to time allowances for review and approval being exceeded, delay by the Owner, the Owner’s consultants or any other cause beyond the control
of the Consultant, which will result in the schedule for performance of the Consultant’s services not being met, the Consultant shall promptly notify the Owner. If the Owner becomes
aware of any delays or other causes that will affect the Consultant’s schedule, the Owner shall promptly notify the Consultant. In either event, the Consultant’s schedule for performance
of its services shall be equitably adjusted.
Delays
The Owner agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant’s control. For purposes of this Agreement,
such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of
God; failure of any government agency to act in timely manner; failure of performance by the Owner or the Owner’s contractors or consultants; or discovery of any hazardous substances
or differing site conditions.
If the delays resulting from any such causes increase the time required by the Consultant to perform its services in accordance with the project schedule, the Consultant shall be entitled
to an equitable adjustment in schedule. Adjustments to cost shall be subject to demonstration of impact to Consultant from unanticipated or unanticipatable delays and approval of the
Owner.
Standard of Care
In performing professional services, Consultant will use that degree of care and skill ordinarily exercised under similar circumstances by members of the profession practicing in the
same or similar locality.
Site Access
Right of Entry - Unless otherwise agreed, Owner will furnish right-of-entry on the land for Consultant to make any surveys, borings, explorations, tests or similar field investigations.
Consultant will take reasonable precautions to limit damage to the land from use of equipment, but the cost for restoration of any damage that may result from such field investigations
is not included in the agreed compensation for Consultant. If restoration of the land is required to its former condition, upon mutual agreement this may be accomplished as a reimbursable
additional service at cost plus ten percent.
Damage to Underground Structures - Reasonable care will be exercised in locating underground structures in the vicinity of proposed subsurface explorations. This may include contact
with the local agency coordinating subsurface utility information and/or a review of plans provided by Owner or Owner representatives for the site to be investigated. Consultant shall
be entitled to rely upon any information or plans prepared or made available by others. In the absence of confirmed underground structure locations, Owner agrees to accept the risk
of damage and costs associated with repair and restoration of damage resulting from the exploration work.
Ownership of Documents
Documents provided by Consultant are not intended or represented to be suitable for reuse by Owner or others for any other sites. Reuse of documents by Owner shall be limited to projects
similar in scope and at the same site as the project covered by this agreement. Documents are only to be used by the Owner for the purpose that the Consultant developed them for, e.g.
design documents that are developed to assist with obtaining regulatory approvals but are not represented as final construction documents are not to be used by the Owner for construction.
Any other reuse of documents by Owner or others without Consultant’s written permission and mutual agreement as to scope of use and as to compensation, if applicable, shall be at the
user's sole risk, without liability on Consultant’s part.
Electronic Documents
Consultant cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format. If Consultant provides documents in electronic format for Owner’s
convenience, Owner agrees to waive any and all claims against Consultant resulting in any way from the unauthorized use, alteration, misuse or reuse of the electronic documents, and
to defend, indemnify, and hold Consultant harmless from any claims, losses, damages, or costs, including attorneys fees, arising out of the unauthorized use, alteration, misuse or reuse
of any electronic documents provided to Owner.
The Consultant shall provide electronic copies of the following to the Owner:
Base topographical survey drawing
Geotechnical Report
Functional Design Report
Right of Way drawing
Land Acquisition drawings
PS&E Design Submission to MassDOT
The Consultant shall provide electronic copies of the following documents to the Owner. These documents are progress design submissions developed to a level of completeness as defined
in the January 2006 Massachusetts Highway Department Project Development and Design Guide
Preliminary Right of Way Drawing
25% Design Drawings
75% Design Drawings
100% Design Drawings
Insurance
Consultant will retain Workmen's Compensation Insurance, Professional Liability Insurance with respect to liabilities arising from negligent errors and omissions, Commercial General
Liability Insurance, Excess Liability, and Automobile Liability during this project. Consultant will furnish certificates at Owner’s request.
Risk Allocation - For any claim, loss, damage, or liability resulting from error, omission, or other professional negligence in the performance of services, the liability of Consultant
to all claimants with respect to this project will be limited to an aggregate sum not to exceed $500,000 or Consultant’s compensation for consulting services, whichever is greater.
Contract Exclusions
The Consultant and the Owner agree the following permits and services to prepare these permitting applications are excluded from this Agreement. If determined to be required at a later
date, assistance with the permit applications can be provided as an additional service:
Massachusetts Environmental Policy Act (MEPA) - Environmental Impact Report
National Environmental Policy Act (NEPA) - Environmental Impact Statement (but not excluding statutory checklists.
Section 4(f) Permitting; Parks and recreation areas, refuges, cultural resources (historic sites), and other considerations
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.
All documents produced become the property of the Owner and may be reproduced freely.
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 department head signing this contract.
In the event the Consultant is a corporation a certificate that the person executing this contract is duly authorized to sign, must accompany this contract.
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 City of Northampton.
The City of Northampton is not bound by this contract until approved by the Mayor of Northampton.
IN WITNESS WHEREOF the Consultant caused these presents to be signed in quadruplicate and approved by Mary Clare Higgins its Mayor and the said Owner 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. {Signatures on next page}
Tighe & Bond, Inc. (Consultant):
_______________________________________it's
AUTHORIZED SIGNATURE
___________________________DATE________________
TITLE
CITY OF NORTHAMPTON (Owner)
______________________Date ____________
Wayne Feiden, FAICP, Director of Planning and Development
______________________Date ____________
Teri Anderson, Director of Community and Economic Development, as to obligation of CDBG funds
_______________________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 Mary Clare Higgins
Tax Compliance Certification
Pursuant to M.G.L. Ch. 62C, sec. 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 do NOT have an office in Northampton
Federal Identification Number Corporate Name and Corporate Officer signature date
Certificate by Corporation to Sign Contract (or same information on equivalent form)
At a duly authorized meeting of the Board of Directors of the
Tighe & Bond held on
(Name of Corporation) (Date)
At which all the Directors were present or waived notice, it was voted that,
(Name) (Officer)
of this company, be and he hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any
contract or obligation in this company's name on its behalf by such under seal of the company, (Officer)
shall be valid and binding upon this company,
A TRUE COPY,
ATTEST:
(Clerk)
PLACE OF BUSINESS
DATE OF THIS CONTRACT
I hereby certify that I am the clerk of the
that
is the duly elected of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this
contract.
(Clerk) (Corporate Seal)
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