MASSACHUSETTS WATER RESOURCES AUTHORITY REQUEST FOR QUALIFICATION STATEMENTS/PROPOSALS FOR DAM SAFETY COMPLIANCE AND CONSULTING SERVICES CONTRACT NO. OP-228 1.
OVERVIEW OF REQUEST
The Massachusetts Water Resources Authority (the “Authority” or “MWRA”) requests Statements of Qualification (“SOQ”) and Price Proposals (the two documents combined are “Proposals”) from firms qualified to provide dam safety consulting services for compliance with MA Office of Dam Safety regulatory requirements under 302 CMR 10:00 and associated dam needs as identified by MWRA during the contract term. The Scope of Work involves disciplines such as hydrologist, civil, geotechnical and structural engineering as they relate to dam safety. The locations of the dams cover a wide geographic range from Belchertown, MA to Boston, MA. The work entails physical inspections of facilities and office engineering/computer modeling analysis. The Authority expects to award a contract extending from January-2014 to January-2016 to the qualified firm that submits the lowest Price Proposal. In response to this request for Qualification Statements/Proposals (“RFQ/P”) proposers will submit a Statement of Qualification and a Price Proposal simultaneously, but, in separate sealed envelopes. The SOQ will include information concerning the proposer’s qualifications/key personnel, experience/past performance, capacity/organization and management/technical approach to the project, more fully described in sections 4.3.1 through 4.3.3 of this RFQ/P. The SOQ will be reviewed by the selection committee on a “pass/fail” basis, seeking to qualify all firms found capable of performing the work described in Attachment A – Scope of Services. Thereafter, the Price Proposal of all qualified firms will be opened to determine which such firm submitted the lowest price. The qualified proposer with the lowest Price Proposal may be recommended for award of a contract subject to the provisions set forth in this RFQ/P, including but not limited to any agreement deemed by the Authority to be in its best interests. The scope of services, presented as "Attachment A - Scope of Services” provides a complete description of the services to be provided under this engagement. Available for review in the MWRA Library are the most recent 2012 Phase 1 Dam Safety Inspection Reports, and other pertinent reports for the dams in this
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contract (see section 6.0, Reference Documents. Other reports cited in the 2012 Phase 1 Dam Safety Inspection Reports will be made available to the consultant selected for the contract. 1.1
RFQ/P ELECTRONIC DISTRIBUTION
This RFQ/P is being distributed electronically using the Commonwealth Procurement Access and Solicitation System (“Comm-PASS”) accessible at the following URL: http://www.comm-pass.com. Interested parties are advised to check the “last change” field on the summary page of the RFQ/P on Comm-PASS to ensure that they have the most recent information. Corrections, modifications, additions, deletions or changes to this RFQ/P will be issued in the form of written Addenda, and questions and answers posted, before the date fixed for receipt of Proposals. Proposers are advised that it is the responsibility of every proposer to check Comm-PASS for any addenda or modifications to this RFQ/P. The MWRA accepts no liability, and will provide no accommodation, to proposers who submit a Proposal that does not incorporate all addenda or modifications, if any, to the RFQ/P. Unauthorized modifications to the solicitation are expressly prohibited. Proposals submitted in response to this RFQ/P must be submitted to the Authority per the instructions in Section 5 of this RFQ/P. 1.2
NOTICE
Information contained in this RFQ/P is intended for the use of the proposer and such other entities as necessary for the preparation of its Proposal and for the performance of its services, and this information should be treated accordingly. The proposer, and others who are the intended recipients of this information, shall inform all persons or entities to which this information has been or will be disclosed that the information is provided for the preparation of its Proposal only. 2.
EVALUATION OF STATEMENTS OF QUALIFICATION
The Authority's Selection Committee will evaluate on a pass/fail basis each proposer’s qualifications to perform the work described in Attachment A using the following evaluation criteria: 2.1 Past Performance on Authority Projects. Similar Experience/Past Performance on Similar Non-Authority Projects. The proposer's past performance as prime consultant on all projects for the Authority currently ongoing, and completed within the past ten (10) years. (Proposers having no such past Authority projects as described in the previous sentence will automatically “pass” this component of the criterion.) The proposer's prior similar experience, including the work which best illustrates the team’s most relevant experience, ability and expertise to perform the services requested in this RFQ/P; and the proposer’s past performance on similar non-Authority projects, ongoing and completed within the past five (5) years. 2.2 Capacity/ Qualifications/Key Personnel. The proposer's capacity to apply and commit itself successfully to the project tasks and to complete required services; its absence of conflicting commitments to concurrent projects; and its scheduling. The current commitments, schedules and availability of staff committed to this project will be evaluated under this criterion. The identity and qualifications of key personnel, team members and subconsultants available to work on this project, including their expected project assignments and the extent of their participation. The quality (i.e., appropriateness, capability and relevant project experience) of key personnel and continuity of the project team, key personnel and subconsultants throughout the project.
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2.3 Technical Approach /Organization and Management Approach. The quality, completeness and methodology of the technical approach envisioned for the project in response to the Scope of Services. The clarity, completeness and effectiveness of the proposed organizational structure and the proposed management approach required to successfully manage this project. The demonstrated ability of the team members to work together effectively, to maintain schedule and cost control on this project, to resolve resource constraints, and to interact effectively with Authority operations and staff. 2A.
EVALUATION OF PRICE PROPOSALS
In a separate, sealed envelope proposers should submit their Price Proposals using the form provided as Attachment C – Price Proposal Form. 2.4
Price. MWRA will award the contract to the qualified firm which submits the lowest price.
3.
SCHEDULE OF PROPOSAL SELECTION PROCESS
The following is a tentative schedule of the selection process, subject to change at the Authority's discretion. RFQ/P issued ............................................................................................ October 30, 2013 Deadline for questions…………………… ...……………..................... November 6, 2013 Answers released .................................................................................. November 13, 2013 Deadline for proposals ......................................................... 11:00AM, November 22, 2013 MWRA Board of Directors’ Contract Award January 15, 2014 4.
REQUIREMENTS FOR CONTENTS OF THE PROPOSAL
The proposer's SOQ submission must include a cover letter (see §4.1); material establishing compliance with the threshold requirement for this project (see §4.2); and information about the proposing firm(s) qualifications to do the work which the MWRA will evaluate using the relevant criteria listed above in section 2 (see §4.3). The Price Proposal must contain information concerning Price and in accordance with section 4.3.4. 4.1
COVER LETTER
The Proposal should begin with a cover letter which confirms that the proposer understands and agrees to the provisions of this RFQ/P and which furnishes the statements or information described below. In its cover letter the proposer must: 4.1.1 certify that all cost information, salaries, rates, policies, etc. are current, complete and accurate; 4.1.2 confirm that all individuals listed in its Proposal are committed to performance on the project; 4.1.3 declare that if selected, it will sign, without exception, the "MWRA Contract For Consultant Services" included as "Attachment B"; 4.1.4
state that it will meet the insurance requirements for this project which are described in
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"Attachment B" listed immediately above; 4.1.5 say if the firm or any member of the firm is currently debarred from doing business with any governmental entity or is a party to any pending or current litigation which might adversely affect performance on this project; 4.1.6 warrant that it will comply with the requirements of the Massachusetts Child Care Assistance Law if the proposer is first-ranked and if said law applies to the proposer (see Part II Article 22 of " MWRA Contract For Consultant Services " and the "Child Care Certification Form" included as "Attachment E"); 4.1.7 attest that it will comply with all local, state and federal requirements concerning the rights of and access for disabled persons; 4.1.8 confirm that it has completed the "Statement of Compliance Pursuant to M.G.L. c.7§§ CF" included as "Attachment D"; 4.1.9 say if the firm or any member of the firm have filed for the protection of U.S. Bankruptcy Court in the last seven years; 4.1.10 certify in its cover letter that it acknowledges and agrees to treat this RFQ/P and all documents related to it in accordance with the Authority’s directions in Section 1.2, Notice; 4.1.11 include information in the cover letter which demonstrates compliance with the minimum threshold requirement set forth in Section 4.2 below, and 4.1.12 specify which addenda, if any, it has received. 4.2
THRESHOLD REQUIREMENT 4.2.1 The proposer must make a showing of its financial stability. The Proposal should contain information which, in the proposer's judgment, is sufficient to show its financial stability. Included in the cover letter must be a statement as to whether the proposer has filed for the protection of a U.S. Bankruptcy Court in the last seven years. If this statement is in the affirmative, the proposer must describe the circumstances that lead to the filing, the ultimate disposition of the matter (e.g., a reorganization with a payment plan to creditors), the current situation and substantial, detailed evidence of the firm's financial ability to complete this project if selected. 4.2.1.1 If the proposer has on file at the MWRA audited financial statements for its most recently completed fiscal year, state in the cover letter that the MWRA possesses the most recent audited financial statements of the firm. (If said financial statements are presently on file with MWRA; then the proposer need not resubmit them with the Proposal).
4.3
EVALUATION INFORMATION
The following information will be used by the Authority's Selection Committee in evaluating SOQs which have met the threshold requirement. SOQs must be divided and numbered into sections labeled with the same headings as appear in the appropriate Evaluation Criteria listed in sections 2.1, 2.2, and 2.3.
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4.3.1
Past Performance on Authority Projects. Similar Experience/Past Performance on Similar Non-Authority Projects
In an Appendix to the SOQ, the proposer should describe its past performance on all projects for the Authority which are currently ongoing, and those which were completed within the past ten (10) years. For these projects provide the name of the Authority project, the year of completion, and the name of the proposer’s Project Manager. The proposer shall describe the most recent work on similar non – authority projects which best illustrates its team's most relevant experience, ability and expertise in performing the requested services. Included should be not more than three (3) detailed descriptions of projects involving services similar to those envisioned in this RFQ/P, including: the date completed; the dollar amount of compensation for these projects; description of proposer’s performance against cost and schedule for each project; and provide references with the name, title, and recently verified telephone number of the contact person and the name and address of the firm. The Proposer shall also provide a chart or list of its past performance on all similar public and private Non-Authority projects both ongoing and completed within the past five (5) years and the name, title and recently verified phone number(s) of at least one individual with whom the proposer worked on each project. 4.3.2
Capacity/ Qualifications/Key Personnel
The proposer should demonstrate its capacity to successfully apply and commit itself to the project's tasks, and to complete the required services on schedule. It should: describe its staffing for this project; current commitments, schedules and availability of staff committed to this project; and its plan for coordination with ongoing facilities and operations of the Authority. The proposer should identify anticipated projects which may conflict with the team’s performance of services under this project. The proposer should provide, if needed, a detailed description of how it intends to mitigate these conflicts and establish service continuity for this project. Included should be information about the proposer firm(s), its key personnel, and facilities, the location of central, branch and field offices and descriptions of projects in which teams members are currently involved. The proposer should provide the identity and describe the qualifications of key personnel, team members and subconsultants to be involved with this project, including their project assignments and the extent of their participation. The proposer should include resumes for all Key Personnel in an Appendix to the Proposal. Identify any Key Personnel who are proposed for this project and who were involved in a similar role for the projects described pursuant to 4.3.1 above. The proposer should describe its key personnel and project teams and those of its subconsultants, demonstrating their capability and relevant experience. For the Dam Safety Inspections, the proposer shall provide inspection personnel who are Massachusettslicensed Civil Engineers with relevant experience in dam safety inspections of Significant and High Hazard dams and impoundment structures. The engineer responsible for affixing his/her seal and signature to the final reports shall demonstrate at least five years of experience in performing inspections of Significant and High Hazard Large size dams and dikes, and also demonstrate familiarity with MA Office of Dam Safety dam inspection and reporting protocol under 302 CMR 10:00 (as amended). For the other tasks involving structural and hydrologic/hydraulic analysis, the proposer shall provide personnel who are licensed/certified for such work and recognized by the MA Office of Dam Safety as
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suitable for performing this work. 4.3.3
Technical Approach /Organization and Management Approach
The proposer should present its technical approach envisioned for the project. Proposers shall respond to the basic scope of services in Attachment A. Sufficient detail on each Task shall be provided to demonstrate the proposer's understanding of the required services, how the project will be structured, and how the work will be performed. As part of its technical approach the proposer should include a description of its approach to identifying and evaluating technical alternatives. The proposer should describe its proposed organizational structure and management approach to this project. It should describe its plan to maintain schedule and cost control on this project, to resolve resource constraints, and to interact effectively with Authority operations and staff. Proposer shall also provide a description and chart of the project team organization, identifying all team members, reporting relationships, functional responsibilities and work location. 4.3.4 Cost. (In a separate sealed envelope) Proposers should complete Attachment C – Price Proposal Form to provide lump sum prices for the Tasks 1-9 described in Attachment A – Scope of Services and include an allowance amount of $25,000 for Task 10. Work under Task 10 will be let by Task Orders based on the submission of scope of work, and compensation amounts mutually agreed upon by MWRA and the selected consultant. 5.
INSTRUCTIONS AND OTHER INFORMATION
5.1 The Authority reserves the right to select finalists. 5.2 The Authority reserves the right to seek additional information from any and all proposers, to reject any and all Proposals, to waive any minor informalities in the Proposals, and to enter into any agreement deemed by the Authority to be in its best interest. 5.3 Eight copies of the SOQ and eight copies of the Price Proposal in separate sealed envelopes are required. The total length of the SOQ both should not exceed 16 pages which should be printed double sided, including all charts, graphs, figures and exhibits. Proposers are advised that only resumes and information MWRA has instructed to be included in an Appendix shall be excluded from the above stated maximum page count for the SOQ. The Price Proposal does not have a page count associated with it. SOQs and Price Proposals should be addressed and labeled as shown below in §5.6. 5.4 Except where this RFQ/P contains express instructions to the contrary, all requested information must be included in the Proposal document and Appendix. Information submitted separately will not be considered by the Selection Committee in evaluating the SOQ and Price Proposals. 5.5 If a Proposals submitted by a joint venture, the submission must be signed by all parties to the joint venture. Final award will be contingent upon receipt of a formal joint venture agreement satisfactory to the Authority. 5.6 SOQ and Price Proposal submissions 8 copies) must be received in the Authority's Procurement Department at the following address no later than 11:00 A.M. Friday, November 22, 2013.
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Massachusetts Water Resources Authority
Procurement Department 100 First Avenue, Second Floor Charlestown Navy Yard Boston, MA 02129 “DAM SAFETY COMPLIANCE AND CONSULTING SERVICES” MWRA CONTRACT OP-228 ATTN: Michele Gillen, Deputy Director of Administration and Finance Proposals or any parts thereof received in the Procurement Department after the required date and time will not be accepted and will be rejected as non-responsive to the Request for Qualifications/Proposals. Delivery of Proposals to any office, function, advisor or location other than the Procurement Department (Second Floor of "Building 39") will not constitute receipt by the MWRA. The transmission of Proposals by FAX is not permitted. It is the sole responsibility of the proposer to ensure that Proposals are received at the proper location, prior to the stated deadline. Proposers are further advised that the Procurement Office of the Authority is located in Charlestown, a neighborhood of Boston. Lines of transportation are congested and under construction. Proposers should plan accordingly for timely Proposal delivery. The 11:00 A.M. deadline is strictly enforced. 5.7 Proposers are further advised that upon signing an Agreement, the Consultant must certify that it has complied with any and all state and local tax laws designated in the Article covering statement of tax compliance in the Agreement. Consultant's failure to certify compliance with said laws will be cause for the Authority not to enter into an Agreement. The Authority further reserves the right to investigate, at any time prior to the Authority's execution of an Agreement or during the term of an Agreement, any information indicating that the Consultant has not complied with said laws. If the Authority determines that the Consultant has not complied with said laws, it shall decline to enter into an Agreement and may decline to extend the Agreement. 6.
FURTHER INFORMATION
No further information concerning this project is available at this time. Questions about this Request for Qualification Statements/Proposals should be directed in writing to Tom Gentile, e-mail to
[email protected]. The deadline for all questions is shown in section 3. 7.
REFERENCE DOCUMENTS
The Reference Documents listed below are available for review at the MWRA Library between the hours of 9:00 AM and 4:00 PM, Monday through Friday. The Library is located on the first floor of the Chelsea Administration Building, 2 Griffin Way, Chelsea, MA Proposers should call 617-305-5583 to schedule an appointment to review the documents. 1) 2012 Dam Safety Phase I Inspection Reports for all MWRA/DCR High and Intermediate Hazard Class Dams (in Attachment A), PARE Corp. 2) Masonry and Weep hole Visual Inspection & Maintenance report, GZA, Inc. 2009 3) Winsor Dam (FERC 1994 Part 12 Report ) 4) Goodnough Dike (FERC 1994 Part 12 Report)
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5) Letter Report: Investigation of Wachusett Dam Cornice Stone Cracking, Clinton, MA, Simpson, Gumphertz and Heger, 2010 6) Record Drawing – Wachusett Reservoir Topographic Plan of North Dike and Vicinity, June 1898 and Wachusett Reservoir South Dike Land Plan, July 1903 7) MWRA Document Standards and Procedures (March 2013) 8.
ATTACHMENTS
This RFQ/P includes the following Attachments, all of which are incorporated by reference. Attachment A Attachment B Attachment C Attachment D Attachment E
Scope of Services MWRA Contract For Consultant Services Price Proposal Form Statement of Compliance Pursuant To M.G.L. C.7 §§ 22 C-F Certification - Minimum Standards for Child Care Tuition Assistance and On-Site or Near-Site Subsidized Child Care Placements
Your interest in working with the Authority is appreciated.
Michele Gillen Deputy Director of Administration and Finance October 30, 2013 OP-228 RFQP (Final 10.30.13)
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ATTACHMENT A TO RFQ/P SCOPE OF SERVICES
A.
PROJECT DESCRIPTION
MWRA requires the professional services of a Dam Safety Consultant to perform the studies, inspections and services described herein. These activities require such disciplines as civil engineering, hydrology and geotechnical engineering as they relate to earthen and masonry dams. Background: MWRA is responsible for capital and major maintenance of numerous water supply dams, predominantly large size High Hazard class dams, in the MWRA/DCR water supply system across Massachusetts. The MWRA has been maintaining and upgrading these structures since 2005 under a Memoranda of Understanding with the Dam owner, the MA Department of Conservation and Recreation. MWRA must comply with the MA Office of Dam Safety Regulations at 302 CMR 10:00 on these dams. The Dam Safety Phase I regulatory inspections of 2012 and prior revealed certain needs at these dams. These reports identified the need to perform Seepage and Stability Analyses (S&S) at three (3) dams and one dike; appurtenant structures inspections at two (2) dams; seepage monitoring at three (3) dams; and scheduled inspection work for a spillway face/weep holes inspection at one (1) dam. Additionally, the next cycle of Phase I inspections is required for High Hazard class dams and dikes at nine (9) locations, and one (1) Significant Hazard Class Dam and one (1) Low Hazard class dam. The objective of this Contract is to meet current Office of Dam Safety criteria for these structures, and provide MWRA with information on future performance of these structures and any needed improvements relative to the findings, as well as preliminary cost estimates for any needed improvements, modifications and corrections. B.
SCOPE OF SERVICES: TASKS 1-4
The Consultant shall perform the following services during the period of time from NTP through June 30, 2014. TASK 1
Seepage and Stability Analyses
The Consultant shall conduct embankment Seepage and Stability Analyses (S&S) for the embankment dams based on DCR Office of Dam Safety criteria in 302 CMR 10.00. Using current software such as “SLOPE/W1” under U.S. Army Corps of Engineers methodology, the Consultant shall evaluate seepage and stability with respect to a rapid (i.e. sudden) drawdown analysis at each dam listed below. Fells Dam #3, Stoneham, MA Fells Dam #8, Stoneham, MA 1 Duncan, J.M., Wright, S.G., and Wong, K.S. (1990). “Slope Stability during Rapid Drawdown.” Proceedings of H. Bolton Seed Memorial Symposium. Vol. 2.
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Winsor Dam, Belchertown, MA Goodnough Dike, Ware, MA TASK 1 Deliverable: The Consultant shall prepare and deliver three (3) hard copies of a draft report for each facility detailing the development of the four (4) separate S&S Analyses. The draft report shall also be submitted in electronic review format. The reports shall identify all previous studies and data used in the analysis for each dam. The report shall present the existing conditions resulting from the analyses and provide recommendations (if any) to MWRA on improvements needed to the existing facilities to ensure proper functionality and safety of the structure to meet 302 CMR 10.14. MWRA will review and comment on the draft report. The Consultant shall incorporate comments and produce three (3) hard copies of the Final Report. The Consultant shall provide one full electronic submittal of all reports, maps, plans, and field data. TASK 2
Appurtenant Structures Inspections
The Consultant shall perform field inspections for each of two structures appurtenant to their adjacent dams as required under the MA Office of Dam Safety (ODS) regulations. The Consultant shall perform an internal inspection of both gate houses listed below as well as perform an external diver inspection of the reservoir-facing underwater exterior of the gatehouses. At Norumbega Reservoir, the Consultant shall inspect the structure’s interior including chambers and sluiceways. At Chestnut Hill Reservoir, the Consultant shall perform an internal inspection of the structure. Note that the Chestnut Hill Gatehouse #1 works have been decommissioned and abandoned. The gatehouse is considered a hazardous entry given the deteriorated condition of wooden walkways and the lower mechanical floor. Fall protection and atmospheric monitoring will be required. Chestnut Hill Reservoir Gatehouse #1, Boston, MA Norumbega Reservoir Gatehouse, Weston, MA TASK 2 Deliverable: The Consultant shall prepare and deliver a Health and Safety Plan (HASP) for facility inspections for MWRA approval. The Consultant shall deliver three (3) hard copies of a draft report for each facility detailing the results of inspection. The report shall also be submitted in electronic review format. The draft reports shall be submitted to the Authority as each report is completed. The reports shall identify all previous studies and data used in the analysis for each facility. The report shall present the existing conditions resulting from the inspection and provide recommendations (if any) to MWRA on improvements needed to the existing facilities to ensure proper functionality and/or safety of the structure to meet 302 CMR 10.14. MWRA will review and comment on the draft report. The Consultant shall incorporate comments and produce three (3) hard copies of the Final Report. The Consultant shall provide one full electronic submittal of all reports, maps, plans, and field data. TASK 3
Seepage Monitoring
The Consultant shall design seepage collection and discharge structures in active seep areas at the dams listed below. These collection/discharge structures should be designed to stabilize the areas of saturation and provide a means to periodically assess seepage flows and water quality. Weston Dam, Weston, MA – three seep locations Fells Dam #8, Stoneham, MA – two seep locations Foss Dam, Framingham, MA – one seep location
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TASK 3 Deliverable: The Consultant shall prepare a Chapter 253 Permit Application for each dam with the MA Office of Dam Safety. The Consultant shall inspect each seepage location and deliver three hard copies of draft design drawings and specifications for seepage collection and discharge structures for each location. The report shall also be submitted in electronic review format. MWRA will review the design and provide comments to the Consultant. The Consultant shall deliver final design drawings and specifications for the seepage collection and discharge structures which will be constructed by MWRA maintenance forces. The Consultant shall provide 3 hard copies of an Operation and Maintenance (O&M) manual for each seepage site and one electronic version of each O&M manual. TASK 4
Perform Sudbury Dam Spillway face mortar inspection, and weep hole inspection and maintenance
At Sudbury Dam, 178 installed weep holes must be inspected and cleaned to remove sediment and efflorescence and restore function. Utilizing the 2009 Report as a baseline, the Consultant shall physically inspect the masonry face of the spillway and each weep hole location. Where necessary, physically clean each weep hole of accumulated silt, debris and efflorescence to restore flow. Note: these activities require rope access. TASK 4 Deliverable: The Consultant shall prepare and deliver a Health and Safety Plan (HASP) for this facility inspection for MWRA approval. The Consultant shall review the Masonry and Weep Hole Visual Inspection and Maintenance Report, GZA, 2009. The Consultant shall deliver a draft report on the inspection with photographs and a plan of the dam face showing location of all weep holes. The weep holes shall be identified in tabular format as to their conditions and status (e.g., actively flowing, not flowing and any other observed condition). The draft report shall provide conclusions and recommendation for any needed maintenance or future work, with cost estimates. After MWRA review, the Consultant shall finalize the report and submit three (3) hard copies as well as an electronic copy of the report and all data. C.
SCOPE OF SERVICES: TASKS 5-9
The Consultant shall perform the following services during the period of time from July 1, 2014 through January, 2016. TASK 5
Vertical Elevation Survey of Wachusett North and South Dikes
The Consultant shall perform an existing conditions topographic plan of the Wachusett Reservoir northern and southern dike systems. The plan(s) created as a part of this contract shall be used as a base plan in the development of a construction contract to be prepared by others. The purpose of the construction contract shall be to provide a uniformed dike crest shape and elevations for both dike systems. TASK 5 Deliverable: Deliver to MWRA a topographic survey plan with minimum field procedures for the survey as follows: The limits of work shall be an approximate 50-foot wide corridor centered on the observed center of the dike system crest. Topographic cross sections shall be taken every 25-feet, except at locations where the difference in elevation is plus or minus 0.1' between the cross sections is determined by either the field survey or by observation. At these locations where there is a noticeable difference in elevation the Consultant shall increase the field shot density to properly show the difference in elevation and contours.
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The Survey Plans shall have the following vertical/horizontal datum: Horizontal datum, NAD83 MassMainland 2001 us_feet/vertical datum, Boston City Base. All features shall be developed in separate CADD layers for electronic submittal. Deliver three (3) hard copies of draft plan. The final Survey Plans shall be provided in hard copy Mylar and electronic version in CADD per MWRA Document Standards and Procedures (March 2013). TASK 6
2014 Biennial Phase I Safety Inspections
Biennial Phase I Safety Inspections of dams are required under the MA Office of Dam Safety (ODS) regulations at 302 CMR 10:00. Phase I inspections are due in August/September of 2014 at the dams listed below. With the exception of those identified otherwise, all are High Hazard Class dams. These dams must be inspected by a Massachusetts licensed engineer experienced in dam safety. The inspection must follow the ODS guidelines “checklist” of specific dam components. The Phase I Inspection Reports are required to be submitted to the Office of Dam Safety upon completion for regulatory compliance. Quabbin Reservoir, Belchertown, MA o Winsor Dam o Goodnough Dike o Quabbin Spillway Ware River Diversion Dam (Significant Hazard Class), Barre, MA Wachusett Reservoir, Clinton and Boylston, MA o Main Dam o North Dike o South Dike Sudbury Dam, Southborough, MA Foss Reservoir Dam and Dike, Framingham, MA Norumbega Reservoir Dam and Dikes 2, 3,4 and East Dike, Weston, MA Schencks Pond Dam, Weston, MA Weston Reservoir Dam, Weston, MA Fells Reservoir Dams 2, 3 6, 7 and 8, Stoneham, MA Chestnut Hill Reservoir Dam, Boston, MA Hultman Intake Dam (Low Hazard Class), Marlborough, MA Task 6 Deliverables: Deliver Phase I field safety inspections, draft and final reports on the dams listed above. The Consultant shall deliver one electronic draft version of each report in a review/comment format to MWRA. After review, the Consultant shall deliver three (3) bound hard copies of each Final report and one electronic file of each Final report. The Consultant shall deliver one hard copy and one electronic copy of each report to the MA Office of Dam Safety upon completion. TASK 7
Design of repair plan for sealing and protecting cracked cornice stones in Wachusett Dam.
TASK 7 Deliverables: Deliver a design report detailing the activities needed to repair cracks and protect the cornice stones as detailed in the reference report by Simpson, Gumphertz and Heger, 2010; and a full biddable set of construction drawings, specifications, and bid support. Report, drawings and specifications shall be in one full set hard copy and in electronic format.
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TASK 8
Provide engineering supervision of tree stump removal from Foss Reservoir Dam
TASK 8 Deliverables: Provide on-site engineering observation of maintenance-level tree stump removal, and backfill and compaction of stump voids, for 20 large trees in the earthen embankment dam. At the completion of the work, deliver a draft letter report in electronic format summarizing conditions and activities during the construction operation to assess the level of completion compared to construction specifications and MA Office of Dam Safety requirements. A final electronic report shall be provided after all MWRA comments are submitted. TASK 9
Provide engineering supervision of tree stump removal from Wachusett Reservoir South Dike Toe Area
Prepare a Chapter 253 Permit Application with the MA Office of Dam Safety. Prepare a Filing under the Wetlands Protection Act to the jurisdictional Conservation Commission for this work in the Resource Area. Support MWRA through attendance at Conservation Commission Hearings. TASK 9 Deliverables: Provide on-site engineering observation of stump removal, and backfill and compaction of stump voids, for approximately 1 acre of various sized trees from saplings to large trees 30 inches DBH. Deliver a Chapter 253 Permit Application for this clearing effort and submit to the MA Office of Dam Safety. Deliver a Filing under the Wetlands Protection Act through Order of Conditions (if determined) to the jurisdictional Conservation Commission. At the completion of the work, deliver a letter report summarizing conditions and activities during the construction operation to document the work completion per the construction specifications and MA Office of Dam Safety requirements. A final electronic report shall be provided after all MWRA comments are submitted. D.
SCOPE OF SERVICES: TASK 10 (Allowance amount of $25,000)
TASK 10 Allowance for unforeseen, as-needed items that arise from field inspections throughout the term of the Contract and which are to be performed on a Task Order basis. The first ranked Consultant shall submit labor rates by discipline and specialty prior to contract award. Specific activities under Task 10 will be negotiated between MWRA and the Consultant based on the labor rates provided. E.
GENERAL DELIVERABLE SCHEDULE
Within seven (7) days of the NTP, the Consultant shall attend a kickoff meeting to plan the schedule for Tasks B.1 through B.4. Schedule/Reporting under TASKS 1, 2, 3, and 4: Consultant submits draft reports/design drawings…
(submissions will be staggered over the course of the first 12 months of the contract on an inspection schedule mutually agreed to by MWRA and the Consultant)
MWRA will provide comments…
within 14 calendar days of receipt of draft report from Consultant
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Consultant responses to MWRA review comments on draft reports...
within 14 calendar days from MWRA review comments
Consultant submits Final Reports…
within 14 calendar MWRA comments
days
from
final
For Tasks C.5 through C.9, the Consultant shall coordinate schedule with the MWRA project manager. Task C.6 is further defined as follows: Specific Schedule/Reporting under TASK 6 Task 6 shall be scheduled for the field inspections to occur in the months August and September 2014 to remain on ODS compliance schedule for these dams. Consultant submits draft reports…
within 30 calendar days of each inspection as they occur
MWRA will provide comments…
within 14 calendar days of receipt of draft report from Consultant
Consultant responses to MWRA review comments on draft reports...
within 14 calendar days from MWRA review comments
Consultant submits Final Reports…
within 30 calendar days from final MWRA comments
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ATTACHMENT B TO RFQ/P
CONTRACT FOR CONSULTANT SERVICES BY AND BETWEEN THE MASSACHUSETTS WATER RESOURCES AUTHORITY AND __________________________________ DAM SAFETY COMPLIANCE AND CONSULTING SERVICES MWRA CONTRACT OP-228
This Contract is made by and between the Massachusetts Water Resources Authority, Charlestown Navy Yard, 100 First Avenue, Boston, Massachusetts 02129, a body politic and corporate and a public instrumentality, organized and existing under Chapter 92 App. of the laws of the Commonwealth of Massachusetts (hereinafter the "Authority") and __________________________________ (hereinafter the “Consultant”) WHEREAS, the Massachusetts Water Resources Authority seeks consulting services from firms qualified to provide dam safety inspections of Significant and High Hazard dams by Massachusetts Registered Professional Engineers; WHEREAS, the Consultant possesses the skills and experience to provide the needed services; NOW THEREFORE, it is hereby agreed as follows: PART I - AGREEMENT I.
SCOPE OF SERVICES
The Consultant shall provide the services described on Attachment A - Scope of Services. II.
TERM
The term of this Contract shall be for a period of two years from the date indicated in the Notice to Proceed. III.
COMPENSATION
The Authority will pay the Consultant for services rendered hereunder in accordance with the terms and conditions set forth in Attachment B. IV.
MBE/WBE
The Consultant agrees that the percentage of business activity to be performed by Minority/Women Business Enterprises on this Agreement shall not be less than the following percentage(s) of the total compensation:
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Minority Business: _________% Women Business: ____________% The Consultant shall complete and submit to the Authority's Affirmative Action and Compliance Unit Monthly Compliance Reports, on forms provided by the MWRA, which document the Consultant's expenditures to MBE and WBE firms. V.
TERMS AND CONDITIONS
This Contract is subject to and incorporates the provisions attached hereto and referred to as "Contract for Professional or Technical Services Part II - Terms and Conditions", "Contract for Professional or Technical Services Part III - Insurance", Part IV – Security Provisions”, “Attachment A – Scope of Services”, “Attachment B, Compensation”, and “Attachment C, Sample Task Order”. IN WITNESS WHEREOF, the parties have executed this Contract this 2014. MASSACHUSETTS WATER RESOURCES AUTHORITY
BY: Frederick A. Laskey Executive Director FED ID#: 042850071 CONSULTANT
BY: TITLE: FED ID#:
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day of
,
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES PART II - TERMS AND CONDITIONS
1.
Termination of the Contract for Cause. If, through any cause the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the Authority shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof. In such event all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this Contract shall, at the option of the Authority, become its property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of the Contract by the Consultant, including such costs that the Authority incurs in obtaining these services under another contract and the Authority may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the Authority from the Consultant is determined.
2.
Termination for Convenience of the Authority. The Authority may terminate this Contract any time by a notice in writing from the Authority to the Consultant. If the Contract is terminated by the Authority as provided herein, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments of compensation previously made; provided, however, that if less than sixty percent of the services covered by this Contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Consultant during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Consultant, Section 1 hereof relative to termination shall apply.
3.
Changes. The Authority may, from time to time, request changes in the scope of the services to be performed under this Contract. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Authority and the Consultant, shall be incorporated in written amendments to this Contract.
4.
Personnel. a.
The Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Authority.
b.
All the services required hereunder will be performed by the Consultant or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services.
c.
No person who is serving sentence in a penal or correctional institution shall be employed
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on work under this Contract. 5.
Equal Employment Opportunity. During the performance of this Contract, the Consultant agrees as follows: a.
The Consultant will not discriminate against any employee or applicant for employment because of age, race, creed, color, religion, national origin, ancestry, sex, or handicap. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, creed, color, religion, national origin, ancestry, sex, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Massachusetts Commission Against Discrimination setting forth the provisions of the Fair Employment Practices Law of the Commonwealth of Massachusetts.
b.
The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, religion, national origin, ancestry, sex, or handicap.
c.
The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subConsultant, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
6.
Compliance with Local Laws. The Consultant shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract.
7.
Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Authority. The Consultant shall be as fully responsible to the Authority for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as it is of the acts and omissions of persons directly employed by it.
8.
Assignability. The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Authority; provided, however, that claims for money due or to become due the Consultant from the Authority under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Authority.
9.
Indemnification. The Consultant, at its expense, shall defend and shall indemnify and hold harmless the Authority, its members, officers and employees, from and against all claims, causes of action, suits, losses, damages and expenses, including attorneys' fees, arising out of or resulting from negligent acts, errors or omissions or breach of contractual duties to the Authority by the Consultant and anyone employed by it (including subConsultants and their employees) in
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performance of this Contract. Such obligation shall not be construed to negate or abridge any other obligation of indemnification running to the Authority which would otherwise exist. 10.
Interest of Employees; M.G.L. c. 268A. a.
The Consultant shall not during the term of this Contract hire or employ on either a full-time or part-time basis any person or persons so long as such person shall be employed by the Authority.
b.
The Consultant acknowledges that the Authority is a state agency for the purposes of Chapter 268A of the Massachusetts General Laws (the Massachusetts conflict of interest statute), and the Consultant agrees as circumstances require to take actions and to forbear from taking actions so as to be in compliance at all times with obligations of the Consultant based on said statute.
11.
Interest of Consultant. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the property to which this Contract pertains or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Contract no person having any such interest shall be employed.
12.
Ownership of Documents. All records, documents, working papers, calculations, drawings, plans, specifications and materials of every type used by or prepared by the Consultant or its subConsultants pursuant to this Contract, whether or not delivered to the Authority, are property of the Authority and shall be delivered to the Authority upon the termination of this Contract or at the Authority's request prior thereto. Both during the term of this Contract and after its termination, the Consultant may not distribute or publish those materials or information derived from those materials without the prior written approval of the Authority.
13.
Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Consultant under this Contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Authority.
14.
Commission Fees. The Consultant covenants that it has not employed or retained any company or person (other than a full-time bona fide employee working for the Consultant) to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person (other than such an employee) any gift, contribution, fee commission, percentage, or brokerage fee, contingent upon or resulting from the award of this Contract.
15.
Payment Not a Waiver. The Authority's review, approval, acceptance or payment for services under this Contract shall not operate as a waiver of any rights under this Contract and the Consultant shall be and remain liable to the Authority for all damages incurred by the Authority as the result of the Consultant's failure to perform in conformance with the terms and conditions of this Contract. The rights and remedies of the Authority provided for under this Contract are in addition to any other rights or remedies provided by law. The Authority may assert a right to recover damages by any appropriate means, including but not limited to set-off, suit, withholding, recoupment, or counter-claim either during or after performance of this Contract.
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16.
Members, Employees Not Liable. No member or employee of the Authority shall be charged personally or held contractually liable by or to the Consultant under any term or provision of this Contract or because of any breach thereof or because of its execution or attempted execution.
17.
Records. The Consultant shall maintain books, records, documents, and other evidence directly related to the performance of work under this Agreement in accordance with accepted professional practice and appropriate accounting procedures and practices. The Consultant shall also maintain the financial information and data used by the Consultant in preparation or support of statements requesting payment. All of the documents shall be kept for at least six years after the final payment pursuant to this Contract.
18.
Invalidity of Particular Provisions. If any provision of this Contract shall to any extent be held invalid or unenforceable, the remainder of this Contract shall not be deemed effected thereby.
19.
Governing Law. This Contract shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts.
20.
Statement of Tax Compliance. The individual signing this Agreement on behalf of the Consultant hereby certifies, under the penalties of perjury, that to the best of his/her knowledge and belief, the Consultant has complied with any and all applicable state and local tax laws related to the taxes included in the following: G.L. c. 59 - Assessment of Local Taxes; G.L. c. 60B - Excise on Boats, Ships and Vessels in Lieu of Local Property Tax; and G.L. c. 62C, §2.
21.
File Copies of Reports. The Consultant agrees to provide the Authority with one extra, unbound, unstapled fully reproducible copy of each report generated pursuant to the scope of services with an accompanying note identifying the name and number of the contract pursuant to which the report was created and indicating that this is the Authority's "Library File" copy.
22.
Child Care Assistance Act Compliance. The Consultant agrees that during the entire term of this agreement and for any amendments hereto, it shall remain in compliance with the requirements of chapter 521 of the Acts of 1990 of the Commonwealth of Massachusetts as amended by chapter 329 of the Acts of 1991, as it is now and as it may hereafter be amended, relating to the provision of Child Care Assistance (the "Child Care Law"); and Consultant further agrees to update its Certificate of Compliance on file with the Authority, whenever Consultant's status shall change.
23.
Rights of the Disabled. The Consultant agrees to comply fully with all local, state and federal requirements concerning the rights of and access for disabled persons.
24.
Force Majeure. No party to the Agreement shall be deemed to be in default in the performance of services if that party is prevented or delayed from performing by forces beyond its control including, without limitation, acts of God or of a public enemy; interference by municipal, state, federal, or other governmental agency; any catastrophe resulting from flood, fire, extreme weather conditions, explosion, or other cause beyond the control of the non-performing party and labor disputes or other work stoppages.
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CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES PART III - INSURANCE 1.1
General. 1.1.1 Each policy of insurance required by this Agreement shall contain a provision endorsed to the Authority that the insurance provided therein may not be canceled or restricted without thirty (30) days prior written notice to the Authority. 1.1.2 The Consultant shall provide the Authority with certificates satisfactory to the Authority concerning the effectiveness and the specific terms of the insurance required by this Agreement. Failure to provide and continue in force any insurance required by this Agreement shall be deemed a material breach of this Agreement for which the Authority, at its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit.
1.2
Professional Liability Insurance Coverage. The Consultant shall carry professional liability insurance coverage for negligent acts, errors and omissions in an amount of not less than Five Million Dollars ($5,000,000), with a deductible of not more than $100,000. Such insurance shall extend to the Consultant and to its legal representatives in the event of death, dissolution or bankruptcy, and shall cover the negligent acts, errors and omissions of the Consultant's agents, subconsultants and employees and the liabilities assumed under this Agreement. Such insurance shall extend to any negligent act, error or omission in the performance of services under this Agreement committed or alleged to have been committed by the Consultant, its agents, subconsultants, or employees, or any other person or entity for whom the Consultant is responsible. Such coverage shall be in effect from the date services are first provided under this Agreement and shall be maintained in force until the later of (i) the completion of the Consultant's services under this Agreement or (ii) official acceptance of the Project by the Authority; and, provided that such insurance is generally available, shall be maintained for an additional period of six (6) years after the later of (i) the completion of the Consultant's services under this Agreement or (ii) official acceptance of the Project by the Authority.
1.3
Worker's Compensation and Other Insurance. The Consultant shall carry insurance furnishing benefits in accordance with Chapter 152 of the Massachusetts General Laws or such other worker's compensation requirement as may pertain. The Consultant shall carry insurance coverage for employer's liability, general liability, including broad form coverage, and automobile liability, in an amount of not less than One Million Dollars ($1,000,000.) The Consultant shall also carry umbrella form excess liability insurance in an amount of not less than five million dollars ($5,000,000).
1.4
Additional Insured. The Authority shall be named as an additional insured on policies providing coverage for general liability, automobile liability, and excess liability.
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CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES PART IV - CONFIDENTIALITY: LIMITED USE OF DOCUMENTS AND EMPLOYEE SECURITY ASSESSMENTS 1.1 It is understood and agreed by the Consultant that any documents or information provided to the Consultant by the Authority for the preparation of its proposal or for the performance of its work and preparation of its deliverables, may contain sensitive information as it relates to Authority facilities and operations. Therefore, such documents and information, as well as any deliverables developed therefrom are considered privileged and strictly confidential. 1.2 Except as required for the discharge of its duties to the Authority under this Contract or as otherwise required by law, the Consultant shall not communicate or release any such deliverable, document, or information in any form to any third party without the prior written consent of the Authority. 1.3 The Consultant shall not use such deliverables, documents, or information other than for the performance of services under this Contract. The Consultant shall inform all persons to whom any such deliverables, documents, or information has been or will be released of the privileged and confidential nature of such deliverable, document, or information, and shall take those steps necessary to ensure that such persons treat the deliverable, document, or information confidentially. The Authority may at its discretion require written confidentiality agreements. 1.4 Employees of the Consultant who will be performing services pursuant to this Contract are subject to security screening requirements. The Consultant is solely responsible for screening employees and shall permit only persons who are legally employable in the United States to perform services under this Contract. The Consultant shall not assign or permit any employee who is or may reasonably be deemed a threat to the safety or integrity of the Authority’s water or wastewater systems to work in any way on the Contract or to have access to any confidential contract information. 1.4.1 The Consultant shall verify the employee’s identity by conducting a Social Security number trace and verify work authorization through E-Verify administered by the US Citizenship and Immigration Services for newly hired employees who will work on this contract. Within sixty (60) days after authorization to proceed, the Consultant shall submit a copy of its Memorandum of Understanding with the Department of Homeland Security. 1.4.2 Pursuant to Executive Order No. 481, the Consultant shall certify: 1.4.2.1 that it will not knowingly use undocumented workers in connections with the performance of the Contract; 1.4.2.2 that pursuant to federal requirements, it shall verify the immigration status of all workers assigned to the Contract without engaging in unlawful discrimination; and 1.4.2.3 that it shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker. 1.4.3 The Consultant must complete a background check on each of its employees within the 6-month period prior to the employee beginning work under this Contract. The purpose of the background check is to: (a) confirm the identity of the employee, including any other names the employee may have used; and (b) determine if the employee has engaged in any behavior that
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may reasonably lead one to conclude that the employee is, or may be, a threat to the integrity or safe operation of the Authority’s water or wastewater systems or to the safe supply of drinking water to the Authority’s communities. The background check shall include: 1.4.3.1 Verification of Social Security number through a Social Security number trace; 1.4.3.2 Verification of US citizenship or right to work legally in the United States; 1.4.3.3 Verification of professional licenses and certifications; and 1.4.3.4 Verification of valid motor vehicle operator’s license, if required for job duties and responsibilities. 1.4.4 Consultant shall maintain records of background checks and make them available for Authority review upon demand. 1.5 The Authority shall have the right to examine and audit all documents and records pertinent to compliance with this Article. Failure to comply with this Article may be regarded as a material breach, subjecting the Consultant to sanctions, including but not limited to monetary penalties, withholding of payments, suspension or termination of the contract. If the Consultant fails to comply with this Article, the Authority may, without in any way limiting any other right it may have at law or under this Contract, terminate this Contract for cause immediately upon written notice to the Consultant. In any event, the Consultant shall be liable for any and all damages sustained by the Authority arising out of, or in any way connected to, the Consultant's failure to comply with the provisions of this Article. 1.6 The Consultant shall include the provisions of this Article in any subcontract, Consultant agreement or purchase order placed for services to be performed hereunder. 1.7
The provisions of this Article shall survive any termination or expiration of this Contract.
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ATTACHMENT A TO THE CONTRACT SCOPE OF SERVICES (Refer to RFQ/P)
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ATTACHMENT B TO THE CONTRACT COMPENSATION
1.
Firm Fixed Price ("FFP") and “Allowance” Compensation
1.1
General
It is hereby agreed and understood that compensation under this Contract shall be paid on a Firm Fixed Price (“FFP”) basis for Tasks 1 through 9 and drawn from an Allowance amount for Task 10. The maximum not to exceed (“NTE”) amount of $__________ is the maximum amount of compensation to be paid for satisfactory completion of all services under this Contract. The NTE includes: 1) the maximum total compensation for all Firm Fixed Price amounts by Task and 2) Allowance dollar amounts. The parties further agree that the Consultant may be paid for services drawn from the Allowance Task on a Firm Fixed Price basis as specifically set forth in any individual Task Order pursuant to Section 2.7 below. The FFP will be paid in full (in disbursements agreed to under Article 2.6 below and the payment terms of this Contract) by the Authority provided that the price elements, subdivided between cost types and profit, have been determined in accordance with the allowances/limitations set forth in Article 2 below. The Authority and the Consultant further agree that the price elements (i.e., Profit added to the sum of Direct Labor, Indirect Costs and Other Direct Costs as described in Article 2 below) are the total amounts considered necessary in order to properly complete the Scope of Services. The Consultant’s Firm Fixed Price for its services is set forth in Attachment B, Table B1. 1.2
Increases
No price increases will be granted to compensate the Consultant for completing the original Scope of Services described in Attachment A, Scope of Services. The FFP by Task, as defined herein, is the total compensation that the Consultant will earn upon completion of those services. The FFP will not fluctuate with the Consultant's actual cost experience and will not be increased for any reason, except as provided in Article 1.3 below. 1.3
Scope Changes
If changes to the Scope of Services are needed to properly complete the Project, substantial changes may warrant additional compensation. The Authority and the Consultant further agree that substantial changes to the Scope of Services may warrant a decrease in the price for completing services. To be effective, all scope/price changes referred to in this article must be pre-authorized by the Authority in writing and must be set forth in an Amendment to the Contract. 25
1.4
Price Documentation/Audit
1.4.1 The Consultant and each subconsultant must file an MWRA “Consultant Disclosure Statement" which accurately reflects its current cost experience. Additionally, if the Consultant and/or subconsultants’ operations have been audited by a cognizant federal agency or an independent CPA firm, such documentation must be submitted to the Authority with an approval letter from the cognizant federal agency or CPA firm. A CPA firm must include an opinion as to whether the statement is fairly presented in accordance with generally accepted accounting principles. Furthermore, the Authority reserves the right to conduct an audit of the FFP stated in Article 1.1 above. If submitted documentation or an audit discloses that any price element(s) should be decreased because of non-compliance with Authority limitations described in Article 2 below or any other Authority limitations made known to the Consultant at the time of requesting proposals, the FFP will be recomputed based upon Authority findings. Such recomputations will be set forth in an Amendment to the Contract. 1.4.2 Pursuant to any recomputation notice to the Consultant resulting from the provisions of Article 1.4.1 above, the Consultant shall, within sixty (60) days from the date thereof, submit an invoice to the Authority which reflects any resulting credit request. If a price adjustment is established in favor of the Authority subsequent to payment to the Consultant of the total FFP stated in Article 1.1 above, the Consultant agrees to submit such adjusted amount within sixty (60) days from the date of written notification from the Authority. This requirement for adjustments must be required by the Consultant of every subconsultant. 2.
Authority Pricing Allowances/Limitations
2.1
General
The price elements below are described in terms of "costs" which the Consultant estimates are necessary to complete the Scope of Services. These estimates form the basis of the FFP. Upon Contract execution, the price elements became "firm" and "fixed", as established in the FFP through negotiation and/or acceptance by the Authority, subject only to recomputation in accordance with Article 1.4 above, and therefore will not fluctuate with the Consultant's actual cost experience. The Consultant agrees to complete the Scope of Services for the stated FFP subject only to adjustment in accordance with Article 1.4 above. 2.2
Direct Labor Costs
2.2.1 Direct Labor Costs equal the actual salaries of employees for their time engaged in Project performance. Implied in this definition, is the reasonable escalation of such salaries over the term of this Contract. Fringe benefits are not treated as Direct Labor Costs but as Indirect Costs. 2.2.2 Actual Direct Labor Costs shall be computed at straight time for engineering, technical and non-technical employees directly utilized on the Project and shall not exceed $47.00 per 26
hour for any labor classification. The Authority may waive, by written agreement, the maximum Direct Labor Costs per hour for specific individual(s) dedicated to the Project. 2.2.3 The Consultant and subconsultants agree that the salaries and costs of temporary personnel (non-employees) assigned to the Project shall not be calculated as part of the Direct Labor Costs but, when appropriate, as Other Direct Costs. 2.2.4 If it is the usual practice for officers, partners, or principals of the Consultant and/or subconsultant to perform certain basic technical project work, they may be compensated for actual performance on the Project, but only at a rate of pay commensurate with the employee classification customarily performing the type of work, provided that written approval is obtained from the Division of the Authority administering the Contract prior to the use of said individuals. Compensation of any officers, partners, principals or employees of the firm for their administrative duties in managing the Consultant or subconsultants’ firm shall not be included as salary or Direct Labor Costs. 2.2.5 The "Direct Labor Cost" price element established upon Contract execution is a fixed amount subject only to adjustment in accordance with Article 1.4 above. 2.3
Indirect Cost Rate and Indirect Costs
2.3.1 Indirect Costs include costs not directly identifiable with a single project. They may include groupings such as general and administrative expenses, overhead expenses and payroll additives. Indirect Costs are applied via an Indirect Cost Rate. 2.3.2 The Indirect Cost Rate for calculating Indirect Costs is the Consultant and subconsultants’ percentage factor expressing the ratio of Indirect Costs, incurred during a standard accounting period to Direct Labor Costs attributable to that period. The rate establishing the "Indirect Cost" price element of the FFP should be the current year's Provisional Indirect Cost Rate or may be the immediate prior year's Final Indirect Cost Rate as established by a cognizant Federal Agency as a result of an appropriate audit. The rate may be adjusted for known factors which will occur during the Contract period if identified in the Consultant's Disclosure Statement and allowed by the Authority. Indirect Costs resulting from the application of this rate to the Direct Labor Cost price element will become set as an element of the FFP and will not be adjusted to reflect the Consultant and subconsultants’ actual Indirect Costs incurred during Project performance. 2.3.3 All Indirect Cost Rate(s) are subject to review and approval by the Authority. Based upon a review of the disclosures made in the Consultant Disclosure Statement on file with the Authority and the criteria set forth herein, the Authority will approve the Indirect Cost Rate for the Consultant and each subconsultant. All Indirect Cost Rates will be reviewed for conformity with the Federal Acquisition Regulations, Part 31 - Cost Principles and Procedures and Part 99 Cost Accounting Standards (CAS) (if the Consultant or subconsultant is CAS covered) and must be appropriately adjusted to reflect only those costs allowed by Parts 31 and 99 in order to 27
comply with the terms and conditions of this Contract. 2.3.4 If documentation of federal or CPA Indirect Cost Rate approval has been submitted, it is the intent of the Authority to accept the audited rate as the basis for any Indirect Cost Rate; however, adjustments in accordance with 2.3.2 above will be allowed and adjustments otherwise necessary for compliance with this Contract will be made in accordance with Article 1.4 above. 2.3.5 The "Indirect Cost" price element established upon execution of this Contract is a fixed amount subject only to final acceptance by the Authority of the Consultant and subconsultants’ Indirect Cost Rates in accordance with Article 1.4 above. 2.4
Other Direct Costs (Reimbursable Expenses)
The Consultant and each subconsultant may include in the FFP the actual, reasonable cost of expenditures expected to be made in the direct interest of the Project, which are not included as part of any Indirect Cost Rate. Other Direct Costs are defined as ordinary and extraordinary reimbursable expenses added, at cost only, to the subtotal of Direct Labor Costs, Indirect Costs and Profit to determine the total compensation. As an element of the FFP, the "Other Direct Cost" price element will not fluctuate with the Consultant and subconsultants’ actual expenditures for such items. 2.4.1 Ordinary Other Direct Cost Items Allowable within the FFP Include: 2.4.1.1
Expense of long distance telephone calls.
2.4.1.2 Boston Metropolitan area travel at the most recently published Internal Revenue Service (IRS) rate per mile for privately owned vehicles. (Note exception in Section 2.4.3.4). However when a Consultant employs personnel at a field site, mileage from the employee's home or permanent work site to the field site, whichever is closer, may be reimbursable. Out of town rental car charges not to exceed $43.00 per diem including costs for insurance and mileage but exclusive of taxes and fees. 2.4.1.3 Hotel living allowance not to exceed $125.00 exclusive of taxes for preapproved travel and associated $30.00 meal subsistence per diem. 2.4.1.4 Reproduction of plans, reports, designs, and studies as part of a project submittal. 2.4.1.5 Expense of specialized processing and managing of information and correspondence for the project. Cost of copies required for the project. 2.4.1.6
Expense of photography and photocopying.
2.4.1.7
Expense of renderings, models, mockups and specific art work and graphics for 28
the project. 2.4.1.8 Expense of advertising, purchasing of information, reports and data necessary for project work. 2.4.1.9 Computer expenses. Mainframe, PC's and specific data processing costs; expense of terminals dedicated to the Project or for shared uses at established company commercial rates, as approved by the Authority; plotters, specific graphics devises and associated equipment.
2.4.2
2.4.1.10
Expense of support meetings such as hall rental and video equipment rental.
2.4.1.11
Expense of media related presentation material.
2.4.1.12
Laboratory testing.
2.4.1.13
Site testing and data gathering expense.
2.4.1.14
Expense of specialized equipment required for the project.
2.4.1.15
Expense of specialized professional or other services required for the project.
2.4.1.16
Subconsultant/subcontractor expense.
2.4.1.17
Expense of local messenger/courier service.
2.4.1.18
Mail expense.
Extraordinary Other Direct Cost Items Allowable Within the FFP Include: 2.4.2.1 Expense of certain relocation of personnel and travel consistent with MWRA policy, if approved and dedicated to the project including: 2.4.2.1.1 Relocation of personnel to the project area. The amount paid will not exceed 25% of the annual current salary for the individual. 2.4.2.1.2
Regularly scheduled travel to the project area.
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2.4.2.1.3 Temporary Duty or Limited Term Duty. The amount paid will not exceed 25% of the annual current salary for the individual. 2.4.2.2 Air and long distance travel within the United States. 2.4.2.3 Overseas travel. 2.4.2.4 Geotechnical investigations. 2.4.3
Other Direct Costs Not Allowable Within the FFP Include: 2.4.3.1
Markups on subconsultant/subcontractor compensation or on Other Direct Costs.
2.4.3.2
Audit expense.
2.4.3.3 Meals, unless overtime is required by the Authority. 2.4.3.4 Routine commuting costs to employee's regular work site within the Boston Metropolitan area. 2.4.3.5
Expense of meeting the Authority's insurance requirements.
2.4.3.6 Expense of Massachusetts sales taxes where a Consultant purchases tangible property as an agent of MWRA.
personal
2.4.4 The "Other Direct Cost" price element established upon execution of this Contract is a fixed amount subject only to adjustment in accordance with Article 1.4 above. 2.5
Profit
2.5.1 Profit is applied to the sum of allowable "Direct Labor Cost" and "Indirect Cost" price elements at the percentage not to exceed 12%. For the purpose of determining Profit, allowable Indirect Costs shall not be based in part or otherwise on any Indirect Cost Rate which exceeds 150% for home or local office services, or which exceeds 125% for field office services. The Profit price element represents the Consultant's expected earnings in excess of its expected costs of Project completion. However, Profit is actually the amount by which the Consultant's FFP will exceed its actual costs of Project performance. 2.6
Payment
Payment shall be made monthly by deliverable. Each deliverable, the total payment for each deliverable, and the time for performance of each deliverable are set forth in Attachment B, Table B1. Categories of payment are: 1) monthly progress payments, and 2) payments upon receipt and approval by the Authority of the deliverable. No right to payment will exist until the Consultant receives written final approval of the deliverable by the Authority. 2.6.1
Payment amounts for each deliverable shall be determined as follows: 2.6.1.1 The Authority and the Consultant have established a schedule of amounts for each deliverable set forth in Table B1. 30
2.6.1.2 Payment for each deliverable shall be due upon receipt and approval by the Authority of the deliverable. The invoice for such a payment may be submitted immediately after (but not before) approval of the deliverable by the Authority. The Authority shall not unreasonably withhold approval of a deliverable. 2.7
Allowance
The parties agree if an Allowance without an expressly defined scope of work is included in this Contract, it can only be authorized to be expended by the execution of a Task Order specifying the scope of work to be performed, the schedule and the cost. The cost must be consistent with the compensation terms of this Contract. The total amount payable for all Task Orders shall not exceed the Allowance amount set forth by Task in the Contract, without the express written approval of the Authority. The form of the Task Order document shall be jointly developed by the parties and shall be used to let the services pursuant to the provisions of this Contract.
Lump Sum Compensation Model w Allowance (Final 10.13)
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Attachment B, Table B1
Note: Table to be developed upon contract development with the selected consultant.
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ATTACHMENT C TO THE CONTRACT SAMPLE TASK ORDER MASSACHUSETTS WATER RESOURCES AUTHORITY CONTRACT OP-228 TASK ORDER NO.___
This Task Order, upon approval by the Massachusetts Water Resources Authority (the "Authority") and _________________(the "Consultant"), shall become part of the Contract between the Authority and the Consultant for _________ Services dated __________ , [YEAR], and shall be designated as Task Order No.______ . A.
AUTHORIZATION In accordance with the Contract between the Authority and the Consultant (Contract No. ______), the Consultant is authorized to perform services as described in Task Order No.__ for: Total Task Order Compensation:
$________
This Task Order No.____ is effective from ____________ through ____________________. Under no circumstances shall services to be performed under this Task Order be authorized for a period which extends beyond the term of Contract No. __. B.
SUMMARY DESCRIPTION The Summary Description of services to be performed under Task Order No. __ is as follows:
C.
RESOURCES ALLOCATION/LEVEL OF EFFORT It is planned to utilize the following firms under Task Order No. ___ in accordance with the following distribution and level of effort: Level of Effort (hours)
Firm/Subconsultant
TOTALS D.
ASSUMPTIONS (general working assumptions) 33
Amount
E.
SCOPE OF SERVICES The Scope of Services to be performed under this Task Order No._____ include Task(s) related to ______________ and is defined as follows:
F.
DELIVERABLES The Deliverable product(s) to be produced under this Task Order No.____ are defined as follows:
G.
SCHEDULE The schedule for completion of each task shall be as follows:
H.
REIMBURSEMENT Reimbursement for services performed under Task Order No. __ shall be subject to the Contract Provisions and Attachment E to the Contract. The total reimbursement for Task Order No. __ is set forth and subdivided as follows:
I.
TOTAL CONTRACT BUDGET TO DATE Task Orders to Date TASK ORDER No. 1 TASK ORDER No. 2 (Add as required)
Cost
Total All Task Orders:
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J.
AGREEMENT
The scope, schedule, and reimbursement set forth above is hereby agreed to this __ day of [MONTH], [YEAR]. _____________________________ Massachusetts Water Resources Authority
________________________ Consultant
_____________________________ Date
________________________ Date
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ATTACHMENT C TO RFQ/P PRICE PROPOSAL FORM Dam Safety Compliance and Consulting Services (NTP – June 30, 2014) Scope of Service Task 1 Task 2 Task 3
Task 4
Description Seepage and Stability Analyses @ four locations Appurtenant Structures Inspections @ two locations Dam Seepage Monitoring Design @six locations, Ch. 253 Permit Application Sudbury Spillway face and weep hole inspection
Firm Fixed Price
Total Price for Tasks 1-4
Dam Safety Compliance and Consulting Services (July 1, 2014 – January 2016) Scope of Service Task 5
Description Wachusett North and South Dike Crest Elevation Survey
Task 6
2014 Biennial Phase I Safety Inspections @ 11 locations
Task 7
Wachusett Dam Cornice Stone Repair Design
Task 8
Engineering Supervision of Foss Dam tree/stump removal
Task 9
Firm Fixed Price
Engineering Supervision of Wachusett South Dike Toe area tree/stump removal. Ch. 253 Permit Application, WPA Permit Application.
Total Price for Tasks 5-9
Dam Safety Compliance and Consulting Services (NTP for 2 years) Allowance for as-needed, Task 10 Not-to-Exceed Amount unforeseen conditions $25,000
TOTAL NOT-TO-EXCEED AMOUNT FOR TASKS 1-10:
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$____________________
ATTACHMENT D TO RFQ/P STATEMENT OF COMPLIANCE PURSUANT TO M.G.L. c.7 §§ 22 C-F The undersigned, being an authorized representative of the Proposer, hereby states and certifies that: (Check one) 1.)
The Proposer does not employ ten or more employees in an office or other facility located in Northern Ireland.
2.)
The Proposer does employ ten or more employees in an office or other facility located in Northern Ireland and certifies that:
3.)
A)
the Proposer does not discriminate in employment, compensation, or the terms, conditions and privileges of employment on account of religious or political belief; and
B)
The Proposer promotes religious tolerance within the work place, and the eradication of any manifestations of religious and other illegal discrimination; and
C)
The Proposer confirms that it is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.
The Proposer does not certify to 2 A-C above.
Signed under pain and penalties of perjury this
day of
, 2013
BY: (Proposer)
(Signature)
Print name and title
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ATTACHMENT E TO RFQ/P CERTIFICATION Minimum Standards for Child Care Tuition Assistance and On-Site or Near-Site Subsidized Child Care Placements [Chapter 521 of the Acts of 1990 as amended by Chapter 329 of the Acts of 1991 (102 C.M.R. 12.00)] SURVEYING SERVICES
The Consultant or Proposer must check either block #1 ("Exempt Employer") or block #2 ("Qualified Employer") and sign. This Certification is a condition of award and shall become part of the Contract Documents. If Consultant or Proposer is neither "Exempt" nor "Qualified", notify the Authority immediately.
1.
Exempt Employer:
┌───┐ └───┘The undersigned hereby certifies that, as of the date of award of the contract, it employs fewer than 50 fulltime (35 hours per week) employees. 2.
Qualified Employer:
┌───┐ └───┘ The undersigned hereby certifies that it has 50 or more full time employees, and has established a dependent care assistance program ("DCAP") which may be cafeteria plan whose benefits include a DCAP or offers its employees child care tuition assistance or on-site or near-site subsidized child care placements. ____________________________________ (Print Name of Bidder) BY:_________________________________ (Signature of Authorized Agent) ___________________________________ (Print Name/Title of Authorized Agent) Date: ________________________________ Title:
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