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Home My WebLink AboutContract #: 001053 - From: To: - Exception - Town of North AndoverAndrew W. Maylor Town Manager Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townofnorthandover.com January 29, 2013 Telephone (978)688-9510 Fax (978)688-9556 The Town of North Andover has decided to cancel the Invitation for Bids — Cleaning of Sewer Pump Station Wet Wells issued on December 19, 2012. The Town will reassess the need for such services and may consider reissuing the Invitation for Bids sometime in the future. /�&-/i � Andrew W. Maylor Town Manager t APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible and responsive bidder offering the lowest aggregate price for the first year of the proposed contract. All prices are to remain firm for the duration of the Contract. February 15, 2013 through February 14, 2014 uantit Periodic Cleaning 75 hours Emergency Event 75 hours February 15, 2014 through February 14, 2015 Quantity Periodic Cleaning 75 hours Emergency Event 75 hours February 15, 2015 through February 14, 2016 uantit Periodic Cleaning 75 hours Emergency Event 75 hours National Water Main Cleaning Co. 25 Marshall Street Canton, MA 02021 Ph: 781-828-0863 Fax: 781-828-2473 Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Unit Price (per hour) Total Price $,13s. Oc $3a i�aS.`z° $ 1Y 35.v0 $ 3P. La 5 - do TOTAL $10:5 SO Unit Price (Per hour) Total Price $ Imp. $ 34 A Is $ 3A 2 514. as TOTAL Unit Price (per hour) Total Price $ q7 .s9 $ 3159&�19. $Y79.sg $ 59(.I' 0 TOTAL $ r% 138. Page 10 of 35 r { h. Addenda j are acknowledge a -_O Signature Business Name National Water Main Cleanincr Co. Business Address 25 Marshall Street Canton, MA 02021 Business Phone 781-828-0863 Fax 781-828-2473 Dennis P. Sullivan Name of Person Authorized to sign Price Proposal Vice President Title of Authorized to sign Price of Above Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Page 11 of 35 CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signatu'M, Date January 16, 2013 Dennis P. Sullivan, Vice President National Water Main Cleaning Co. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Dennis P. Sullivan ,authorized signatory for National Water Main Cleaning Co. Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. \ �'AlInV�Z 10(2t, January 16, 2013 Sig re A Date Town of North Andover IFB Page 32 of 35 Cleaning of Sewer Pump Station Wet Wells CERTIFICATION LABOR HARMONY AND OSHA TRAINING REQUIREMENTS The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA -approved construction safety and health course lasting at least ten (10) hours. Signa Date January 16, 2013 Dennis P. Sullivan, Vice President National Water Main Cleaning Co. Print Name & Title Company Name Town of North Andover IFB Page 33 of 35 Cleaning of Sewer Pump Station Wet Wells CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the National Water Main Cleaning Co. held on October 31, 2012 it was VOTED,THAT Dennis P. Sullivan Vice President (Name) (Officer) Cleaning Co. of National Water Ma i nbe and hereby is authorized to execute contracts and bonds in the name and on behalf of said Corporation , and affix its corporate seal hereto; Cleaning Co. and such execution of any contract or obligation in the name of National Water Main on Cleaning Co. its behalf by such officer under seal of National Water Mair} shall be valid and binding upon National Water Main Cleaning Co. I hereby certify that I am the clerk of the above named corporation and that Dennis P. Sullivan- is the duly elected officer as above of said corporation , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. January 16, 2013 _ (Date) (Clerk) Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Page 34 of 35 NATIONAL WATER MAIN CLEANING CO. Specializing in today's needs for environmental protection. 875 Summer Avenue - Newark, NJ 07104-3684 - Phone: 973-483-3200 • Fax: 973-483-5065 - E -Mail: a f Rnwmcc.com 25 Marshall Street - Canton, MA 02021 - Phone: 781-828-0863- Fax: 781-828-4397 - E -Mail: boston0nwmcc.cofl2 Emergency Contacts Hercules Anastasiadis: 617-908-0344 James Fleming: 617-590-9222 Dennis Sullivan: 617-212-2494 Office: 781-828-0863 Statement of Availability National Water Main Cleaning Co. is available on a 24/7 basis for the cleaning of sewer pump station wet wells. A Carylon Company Attachment "A" NATIONAL WATER MAIN CLEANING CO. Specializing in today's needs for environmental protection. 875 Summer Avenue • Newark, NJ 07104-3684 • Phone: 973-483-3200 • Fax: 973-483-5065 • E -Mail: officeAnwmcc.com 25 Marshall Street • Canton, MA 02021-2479 • Phone: 781-828-0863 • Fax: 781-828-2473 • E -Mail: boston(cD_nwmcc.com PIPE CLEANING AND CCTV INSPECTION BOSTON OPERATIONS - REFERENCES BOSTON WATER AND SEWER COMMISSION Project Name: Multiple Clean and TV contract of sanitary sewer system within the City of Boston Project Value: Completion Date: 2000 - Present John Sullivan Ph: 617-989-7000 City of Cambridge, MA Project Name: FY05,06, 08, 09,11,12 TV and Cleaning of Sewer & Stormwater Lines & Emergency Services Project Value: $300,000/Year Cambridge Public Works 147 Hampshire Street Cambridge, MA 02139 Jeya Niranjan Ph: 617) 349-4848 Dedham, MA Contract No.: Project Name: Project Value: Dedham Public Works 55 River Street Dedham, MA 02026 Jason Mammone Ph: (781) 751-9353 2008-2012 Infiltration Investigation $ 250,000/Year Page 1 of 4 Attachment "A" FraminLyham. MA Project Name: Sewer Collection System Maintenance Project Value: $120,000/Year Completion Date: Dec. 2007 - 2012 Town of Framingham 150 Concord Street Framingham, MA 01702 John DeLuca Ph: 508-400-5809 Keene. NH Contract No.: 01-08-05 Project Name: Clean, Deroot & Video - Phase II Project Value: $129,218.50 Completion Date: Nov. 2008 Contract No.: 01-09-06 Project Name: Clean, TV & Deroot Sewer Mains - Phase 3A Project Value: $167,416.55 ACD: Nov. 2009 Contact: Yelma Desseta, PM (603)352-6550 X-6310 Yelma Desseta, PM Ph: 603-352-6550 X-6310 Middletown, RI Project Name: Sanitary Sewer Inspection Project Value: $ 626,400.02 Completion Date: Dec. 2008 - 2012 Contact: Warren Hall (401)-418-0413 Providence, RI Project Name: Sewer Interceptor Inspection Project Value: $ 250,000.00/ Year Completion Date: Dec. 2005 - 2012 Page 2 of 4 Attachment "A" Narragansett Bay Commission One Service Road Providence, RI 02905 Meg Goulet, P.E. Ph: 401-461-8848 Citv of Revere. MA Contract No.: Mun 2003-2012 Project Name: Cleaning and Inspection of Sanitary Sewer Project Value: $ 300,000/Year City of Revere, MA Department of Planning & Community Development 281 Broadway Revere, MA 02151 M. John Cherian Ph: 781-286-8186 Wellesley, MA Project Name: Sewer Rehabilitation, Yr. 3 Project Value: $ 250,000.00 Completion Date: Oct.. 2006 - 2012 Project Name: Sewer Rehabilitation, Yr. 2 Project Value: $ 250,000.00 Completion Date: Oct.. 2005 Project Name: Sewer Rehabilitation, Yr. 1 Project Value: $ 250,000.00 Completion Date: Oct.. 2004 Town of Wellesley, MA Department of Public Works Water & Sewer Division 455 Worcester Street Wellesley, MA 02481 Blake D. Lukis PH: 781-235-7600 X-3362 Page 3 of 4 Attachment "A" The Metropolitan District Hartford County, CT 3 YEAR PROJECT TO CLEAN AND TV INSPECT 500,000 LF/YEAR OF SANITARY SEWER SYSTEM The Metropolitan District 555 Main Street Hartford, CT 06142 DAVID BANKER Ph: 860-278-7850 Page 4 of 4 Attachment "A" NATIONAL WATER MAIN CLEANING CO. Specializing in today's needs for environmental protection. 875 Summer Avenue • Newark, NJ 07104-3684 • Phone: 973-483-3200 • Fax: 973-483-5065 • E -Mail: officenwmcc.com 25 Marshall Street • Canton, MA 02021-2479 • Phone: 781-828-0863 • Fax: 781-828-2473 • E -Mail: boston .nwmcc.com BOSTON OPERATIONS - REFERENCES - RECENTLY COMPLETED PROJECTS ... Burlington, MA Project Name: Sewer System Rehabilitation Program — Phase 3 Project Value: $ 218,925.16 Completion Date: Oct. 2008 Burlington Public Works Department 25 Centre Street Burlington, MA 01803 Thomas Hayes Ph: 781-270-1644 Cambridge, MA Project Name: FY08 TV and Cleaning of Sewer & Stormwater Lines & Emergency Services (Yr.2) Project Value: $ 287,095.71 Project Name: FY05 TV and Cleaning of Sewer & Stormwater Lines & Emergency Services (Yr. 2) Project Value: $ 300,000.00 Completion Date: Oct. 2007 Project Name: FY05 TV and Cleaning of Sewer & Stormwater Lines & Emergency Services (Yr. 1) Project Value: $ 300,000.00 Completion Date: Sep. 2006 Cambridge Public Works 147 Hampshire Street Cambridge, MA 02139 Jeya Niranjan Ph: 617) 349-4848 Page 1 of 6 Dedham. MA Contract No.: Project Name: Project Value: ACD: Dedham Public Works 55 River Street Dedham, MA 02026 David Fields Ph: 781-751-9353 Framingham, MA Project Name: Project Value: Completion Date: Attachment "A" 08-1 Infiltration Rehabilitation Project Phase 1, Contract $ 2,046,954.18 Jul. 2009 Sewer Collection System Maintenance $112,758.00 Dec. 2007 Town of Framingham 150 Concord Street Framingham, MA 01702 John DeLuca Ph: 508-400-5809 Franklin, MA Project Name: Project Value: Completion Date: Malcom Pirnie, Inc. 601 Edgewater Drive Suite 360 Wakefield, MA 02038 Scott Haynes Ph: 781-213-4905 Sewer System Rehabilitation $ 750,000.00 Dec. 2006 Page 2 of 6 Attachment "A" Keene. NH Contract No.: 01-08-05 Project Name: Clean, Deroot & Video - Phase II Project Value: $129,218.50 Completion Date: Nov. 2008 Contract No.: 01-09-06 Project Name: Clean, TV & Deroot Sewer Mains - Phase 3A Project Value: $167,416.55 ACD: Nov. 2009 Contact: Yelma Desseta, PM (603)352-6550 X-6310 Yelma Desseta, PM Ph: 603-352-6550 X-6310 ON of Methuen. MA Project Name: Project value: Completion Date: Contact: Merrimack. NH Project Name: Project Value: ACD: Contact: Middletown. RI Contract No.: Project Name: Project Value: Completion Date: Contact: CWSRF-2910 Sewer System Rehabilitation $467,172.75 Aug. 2008 David G. Polcari (617)452-6581 Manhole Rehabilitation Main Sewer Interceptor $ 1,137,801.01 Aug. 2010 Alberto Angles, Jr. (781) 224-6405 MIDD-008-031 Sewer Manhole Rehabilitation $ 626,400.02 Dec. 2008 Warren Hall (401)-418-0413 Page 3 of 6 Attachment "A" New Haven, CT Contract No.: 06-19-01 Project Name: Storm Drainage Maintenance Project Value: $ 289,750.00 Completion Date: Jul. 2007 Contract No.: 07-161-01 Project Name: Storm Drainage Maintenance Project Value: $ 417,700.00 Completion Date: Jul. 2008 City of New Haven, CT Department of Public Works 200 Orange Street New Haven, Ct 06510 Ian Juden Ph: 203-946-8094 Providence, RI Project Name: Project Value: Completion Date: Sewer Rehabilitation $ 250,000.00 Dec. 2005 Narragansett Bay Commission One Service Road Providence, RI 02905 Meg Goulet, P.E. Ph: 401-461-8848 City of Revere, MA Contract No.: Mun 2003-1008 Project Name: Cleaning and Inspection of Sanitary Sewer Project Value: $155,700.00 Completion Date: Jul. 2007 Contract No.: DPCD-2006-1002 Project Name: Trenchless Sewer Rehabilitation Project Value: $ 874,610.00 Completion Date: Jun. 2008 City of Revere, MA Department of Planning & Community Development Page 4 of 6 Attachment "A" 281 Broadway Revere, MA 02151 M. John Cherian Ph: 781-286-8186 Saugus, MA Contract No.: CWSRF 3064,11-7 Project Name: Sewer Lateral Connection Lining Project Value: $ 796,300.00 Completion Date: Jul. 2008 Contract No.: CWSRF 3064,12-7 Project Name: Manhole Rehabilitation Project Value: $191,626.00 Completion Date: Jul. 2008 Wellesley, MA Project Name: Sewer Rehabilitation, Yr. 3 Project Value: $ 250,000.00 Completion Date: Oct.. 2006 Project Name: Sewer Rehabilitation, Yr. 2 Project Value: $ 250,000.00 Completion Date: Oct.. 2005 Project Name: Sewer Rehabilitation, Yr. 1 Project Value: $ 250,000.00 Completion Date: Oct.. 2004 Town of Wellesley, MA Department of Public Works Water & Sewer Division 455 Worcester Street Wellesley, MA 02481 Blake D. Lukis PH: 781-235-7600 X-3362 Page 5 of 6 Attachment "A" The Metropolitan District Hartford County, CT Rockey Hill, CT Contract No.: 2005-89 Project Name: Rockey Hill Water Pollution Control Facility Sewershed Sanitary Sewer Trunk and Interceptor Rehabilitation Project Value: $ 2,006,618.29 Project Time Frame: March 2010 — January 2011 Summary of Work: Manhole Rehabilitation, Cleaning and Televising of sewer lines, Cured in place pipe. 1200 VF of Cement Lining. Windsor, CT Contract No.: 2005-86 Project Name: Windsor Interceptor Sewershed Trunk and Interceptor Rehabilitation Project Value: $1,360,022.66 Project Time Frame: May 2010 — January 2011 Summary of Work: Manhole Rehabilitation, Cleaning and Televising of sewer lines, Cured in place pipe. 1400 VF of Cement Lining. The Metropolitan District 555 Main Street Hartford, CT 06142 Tom Robbins Ph: 860-278-7850 X3381 Fax: 860-525-5013 Page 6 of 6 Santilli, Ray From: Town Manager Sent: Thursday, January 03, 2013 9:02 AM To: 'Jon Tate' Subject: RE: Bid For Cleaning of Sewer Pump Station Wet Wells There is no bid bond required for this IFB. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com From: Jon Tate [mailto:jtate(&nwmcc-bos.com] Sent: Thursday, January 03, 2013 8:58 AM To: Town Manager Subject: Bid For Cleaning of Sewer Pump Station Wet Wells Importance: High I have a question on the above referenced bid. Is there a bid bond required for this project? John Tate National Water Main Cleaning Co 25 Marshall Street Canton, MA 02021 Office: (800) 422-0815 Fax: (781) 828-2473 htti)://www.nwmcc-bos.com http://www.nwmcc.com htti)://www.caryloncorp.com Please consider the environment before printing Note: The information in the e-mail is confidential and may be legally privileged. If you are not the intended recipient, you must not read, use or disseminate the information. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that the it is virus free and no responsibility is accepted by National Water Main Cleaning Company and the Carylon Corporation for any loss or damage arising in any way from its use. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: htto://www.sec.state.ma.us/ore/oreidx.htm. ADDENDA #1— December 24, 2012 INVITATION FOR BIDS CLEANING OF SEWER PUMP STATION WET WELLS TOWN OF NORTH ANDOVER, MASSACHUSETTS `Submission Deadline and Instructions' is hereby amended: All sealed proposals must be received and registered by the Assistant Town Manager's office by Tl„"sday, r,,,,,,afy 10, 2013 at 2!00 . Thursday, January 17, 2013 at 2:00 AHL `Questions, Addendum or Proposal Modification' is hereby amended: All questions/inquiries must be received by 4:30 p.m. on We"esda3 ; , Tuesday, January 8, 2013 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Bids, Quotes and Proposals" by Tlmfsda} , 3aniiaff 3, 20'��00 p.m. Thursday, January 10, 2013 at 2:00 p.m. TOWN OF NORTH ANDOVER INVITATION FOR BIDS CLEANING OF SEWER PUMP STATION WET WELLS Contact Address Telephone Number: Fax Number: Email December 19, 2012 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilli@townofnorthandover.com Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposed Modifications .............. 4 4. Minimum Requirements ............................................. 5 5. Scope of Services...................................................... 6 6. Estimated Quantities ................................................ 7 7. Prevailing Wage Rates ............................................... 8 8. Evaluation of Bids ................................................... 8 9. Term of Contract ..................................................... 9 Appendix A — Price Proposal ........................................ 10 Standard Town of North Andover Contract With Supplement "C" ............................................. 12 Certifications........................................................... 32 Prevailing Wage Rates ................................................. 35 , Town of North Andover IFB Page 2 of 35 Cleaning of Sewer Pump Station Wet Wells 1. Introduction In accordance with M.G.L. c30 §39M, the Town of North Andover is soliciting bids from experienced contractors to perform periodic cleaning of sewer pump station (SPS) wet wells and the pumping of wet wells, valve pits, and vaults during emergency events. Qualified contractors are requested to submit bids to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. The Town of North Andover is seeking to award a one-year contract for the period of February 15, 2013 through February 14, 2014 with two (2) additional one-year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Notice of this IFB is published in the Central Register, which is a weekly publication of the Office of the Secretary of the Commonwealth, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Available Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, January 10, 2013 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 The Town of North Andover may cancel this IFB or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Cleaning of SPS Wet Wells" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, the Certificate of Tax Compliance and the Certification of Labor Harmony and OSHA Training Requirements. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the Town of North Andover's best interest to do so. Town of North Andover IFB Page 3 of 35 Cleaning of Sewer Pump Station Wet Wells Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the Assistant Town Manager's office by Thursday, January 10, 2013 at 2:00 p.m. All outer envelopes must be labeled "Cleaning of SPS Wet Wells" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Ray Santilli, Assistant Town Manager, 120 Main Street North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/inquiries must be received by 4:30 p.m. on Wednesday, January 2, 2013 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Available Bids, Quotes and Proposals" by Thursday, January 3, 2013 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "Available Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this IFB has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this IFB. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Town of North Andover IFB Page 4 of 35 Cleaning of Sewer Pump Station Wet Wells Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Minimum Requirements Each bidder must demonstrate that it meets the following minimum requirements: A. Contractor must demonstrate a minimum of five (5) years experience providing the required cleaning of SPS wet wells. B. Contractor shall submit a complete list of all contracts performed in the past three (3) years with contact names and telephone numbers. C. Contractor shall include a listing of emergency off -hours contact names and telephone numbers as well as a statement of availability on a 24/7 basis. D. During an `emergency event', contractor will be required to respond within one (1) hour of notification and remain working on site until the emergency is declared ended. E. The contractor shall furnish all labor, equipment, and vehicles as required for work in accordance with the scope of services. F. Contractor will be required to enter confined spaces and thus must possess all necessary equipment to enter such spaces and must adhere to all Town of North Andover Lock- out/Tag-out procedures. G. The contractor shall conform to all requirements of federal, state and local laws, including compliance with the prevailing wage laws. H. Unit prices shall remain firm for the period of the contract. I. Submission of required statements and forms. Town of North Andover IFB Page 5 of 35 Cleaning of Sewer Pump Station Wet Wells 5. Scope of Services A. General The cleaning of pump station wet wells will be on a scheduled basis as directed by Town personnel at the Town's sewer pump stations. The work is anticipated to be annually but additional cleaning at certain pump stations may be needed more often at some but less at others. Disposal of liquid and debris will be into a sewer manhole at the Town's Public Works facility (384 Osgood Street) at no cost to the contractor. The second task will be pumping wet wells, valve pits and vaults during an emergency event, such as a heavy rain storm. An emergency event could occur either during regular work hours or during non -regular hours (nights, weekends, and holidays). Contractor will be required to respond within one (1) hour of notification and remain working on site until the emergency is declared ended. Although not all sewer pump stations will require emergency pumping, there may be need for equipment at multiple sites during these events. (Note: During past events, the Town has employed up to as many as four vacuum trucks at different locations.) The liquid and debris pumped from the wet wells, valve pits and vaults during these events will be deposited into a sewer manhole at the Town's Public Works facility at no cost to the contractor. B. Periodic Cleaning of SPS Wet Wells The contractor will be required to clean, remove, and dispose of grease, grit, and debris from the Town's sewer pump stations. The services under this task shall include: 1) Use of a 5,000 gallon (minimum) pumper -vacuum truck and operator for the removal of grease and grit from all sewer pump station's wet wells. (Note: Four of the Town's sewer pump station wet wells are approximately 30 feet deep.) 2) Scrape, hose down or jet wash wet well walls as needed and directed. 3) Mobilization and de -mobilization at each site. 4) Submit written report(s) of pump station(s) cleaned and debris removed C. Emergency Event(s) The contractor will be required to remove water and debris from pump station wet wells, valve pits and vaults during an emergency event. The use of multiple pieces of equipment at multiple sites may be required to perform these services. The services under this task shall include: 1) Use of a single or multiple 5,000 gallon (minimum) pumper -vacuum truck and operator for emergency pumping of water and sewerage from sewer station wet wells, valve pits and vaults due to rain storm flooding and other emergencies. Town of North Andover IFB Page 6 of 35 Cleaning of Sewer Pump Station Wet Wells 2) All necessary equipment and personnel must be available until emergency is declared ended. 3) Mobilization and de mobilization at each site. 4) Submit written report of pump stations cleaned and debris removed. D. Locations The contractor shall furnish all labor, equipment, and vehicles to perform periodic cleaning of sewer pump station (SPS) wet wells and the pumping of wet wells, valve pits, and vaults during emergency events at the following sewer pump station locations: Alcott Village, 105 Andover By -Pass Blue Ridge Road, 410 Blue Ridge Road Bonny Lane, 120 Bonny Lane Boston Hill Road, 1280 Turnpike Street Butcher Boy, 1945 Great Pond Road Campbell Road, 1875 Salem Street Carter Field, 75 Carter Road Coachman Lane, 70 Coachman Lane Dale Street, 595 Dale Street Flagship Drive, 87 Flagship Drive Forest View, 14 Palomino Drive Hawthorne Place, 45 Hawthorne Place Holly Ridge, 1 Holly Ridge Jasmine Plaza, 720 Turnpike Street Johnson Circle, 85 Johnson Circle Meeting House, 44 Meeting House Rea's Pond, 1653 Great Pond Road Saile Way, 89 Saile Way Sergeant School, 300 Abbott Street Water Treatment Plant, 420 Great Pond Road. Willows, 5 Willows Street Winter Street, 60 Winter Street Any sewer pumping station brought `on-line' during the contract period will also be included and covered. 6. Estimated Quantities The hours required listed in Appendix A are simply estimates for bid purposes only. The Town will not be obligated to commit to any specific quantity of hours during the period of the contract. Town of North Andover IFB Page 7 of 35 Cleaning of Sewer Pump Station Wet Wells 7. Prevailing Wage_Rates The successful bidder will at all times comply with the prevailing wage rates as determined by the Department of Labor Standards under the provisions of Massachusetts General Laws as shall be in force and as amended. The prevailing wage rates are attached. 8. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the aggregate price for the services delivered by each responsive and responsible bidder will be calculated for the first year solely of the proposed contract. The Town is required to award the contract to the lowest responsive and responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and scope of services set forth in the purchase description including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. ■ Responsibility Bidders must demonstrate that they meet measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Scope of Services. The Town may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The Town of North Andover will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFB. Additionally the Town of North Andover will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. The Town of North Andover is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. Town of North Andover IFB Page 8 of 35 Cleaning of Sewer Pump Station Wet Wells 9. Term of Contract The Town of North Andover is seeking to award a one-year contract with two (2) additional one- year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Town of North Andover IFB Page 9 of 35 Cleaning of Sewer Pump Station Wet Wells APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible and responsive bidder offering the lowest aggregate price for the first year of the proposed contract. All prices are to remain firm for the duration of the Contract. February 15, 2013 through February 14, 2014 Quantity Periodic Cleaning 75 hours Emergency Event 75 hours February 15, 2014 through February 14, 2015 Quantity Periodic Cleaning 75 hours Emergency Event 75 hours February 15, 2015 through February 14, 2016 Quantity Periodic Cleaning 75 hours Emergency Event 75 hours Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Unit Price (per hour) Total Price TOTAL $ Unit Price (per hour) Total Price TOTAL $ Unit Price (per hours Total Price TOTAL $ Page 10 of 35 Addenda are acknowledged: Business Name Business Address Business Phone Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 11 of 35 Cleaning of Sewer Pump Station Wet Wells Town of North Andover CONTRACT CONTRACT # DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover IFB Page 12 of 35 Cleaning of Sewer Pump Station Wet Wells 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. Town of North Andover IFB Page 13 of 35 Cleaning of Sewer Pump Station Wet Wells 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall Town of North Andover IFB Page 1.4 of 35 Cleaning of Sewer Pump Station Wet Wells have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall Town of North Andover IFB Page 15 of 35 Cleaning of Sewer Pump Station Wet Wells protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or its agents, employees, or subcontractors are thereby in violation', of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of EnforceabilityAgainst the Town: This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other Town of North Andover IFB Page 16 of 35 Cleaning of Sewer Pump Station Wet Wells instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. Town of North Andover IFB Page 17 of 35 Cleaning of Sewer Pump Station Wet Wells The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents. Materials. Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Pam The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover IFB Page 18 of 35 Cleaning of Sewer Pump Station Wet Wells 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Town of North Andover IFB Page 19 of 35 Cleaning of Sewer Pump Station Wet Wells 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ X] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 20 of 35 Cleaning of Sewer Pump Station Wet Wells IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager APPROVED AS TO FORM: Town Counsel Date Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Date Date Page 21 of 35 SUPPLEMENT "C" [] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of - (1) f (1) Public Buildings and Public Works (governed by the provisions of General Laws Chapter 30B); (2) Public Buildings (governed by the provisions of General Laws Chapter 149,§ 44A, et seq.); and (3) Public Works (governed by the provisions of General Laws Chapter 30, §39M, et seq) 1. This form supplements the Town of North Andover "Contract and General Conditions" and applies only to contracts for the construction, reconstruction, alteration, remodeling or repair of public works or public buildings. 2. Wherever the law requires one contracting with a city or town to be bonded, such obligation shall be understood to be a term and condition of this Contract. The Contractor agrees to secure such bond (where required) in the form required by the Town and provide an original thereof to the Town prior to the commencement of performance. E uali : 3.1. In the case of a closed Specification written for a specific item or items to be furnished under the Base Bid, such specifications shall, as applicable, be in compliance with the Massachusetts General Laws, Chapter 30, Section 39M and Chapter 149, Sec. 44A et seq. 3.2. Where the name of an item, material or manufacturer is mentioned in the Specifications or on the Drawings, except as above noted, the intent is to establish a standard and in no way should be construed to exclude any item or manufacturer not mentioned by name, but whose product meets the Specifications as to design, utility and quality. Final decision shall rest with the Project Representative as to its acceptability. 4. Change orders to contracts governed by General Laws Chapter 30B may not increase the quantity of goods or services provided by more than twenty-five (25%) per cent, in compliance with Sec. 13 of Chapter 30B. 5. The Contractor will carry out the obligations of this contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, Sec. 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, Sections 26 and 27D (Prevailing Wage), as shall be in force and as amended. 6. The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the property of the Town and others, including adjacent property, from injury or loss arising Town of North Andover IFB Page 22 of 35 Cleaning of Sewer Pump Station Wet Wells in connection with the Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to errors in the Contract Documents or caused by agents or employees of the Town, or due to causes beyond the Contractor's control and not the Contractor's fault or negligence. 7. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State and local laws and codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor will erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public, shall post danger signs warning against the hazards created by such features of construction such as pits, protruding nails, hosts, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials; and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents. 8. The Town shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access. 9. The Contractor shall appoint a competent superintendent and foreman and any necessary assistants, all of whom shall be satisfactory to the Town. If the Town in its sole discretion determines that the construction superintendent, foreman, or assistants are unacceptable to the Town, then upon seven days notice from the Town, the Contractor shall replace such person or persons with people acceptable to the Town. 10. The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractor shall carefully study and compare the drawings, specifications and other instructions and shall at once report to the Town any error, inconsistency or omission which shall be discovered. Included in this responsibility shall be supervision of all work performed by subcontractors on the work. 11. If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions, the Town, upon three days written notice, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 1.2. Inspection by the Town's Project Representative 12.1. The Town shall have the right to designate a Project Representative who may make periodic visits to the site to familiarize the Town generally with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of these observations while at the site, the Project Representative will keep the Town informed on the progress of the work, will endeavor to guard the Town against defects and deficiencies in the work of contractors, and may condemn structural work as failing to conform to the Contract Documents. The Project Representative shall have authority to act on behalf of the Town only to the extent expressly delegated by the Town, which shall be shown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract. Town of North Andover IFB Page 23 of 35 Cleaning of Sewer Pump Station Wet Wells 12.2. In connection with the work, the Project Representative shall not be responsible for construction methods, means, techniques, sequences or procedures employed by the Contractor or the Contractor's safety programs, requirements, regulations, or precautions. 13. Decisions of the Project Representative 13.1. The Project Representative shall, within a reasonable time, make decisions on all claims of the Town or the Contractor and on all other matters relating to the execution and progress of the structural work or the interpretation of the Contract Documents. 13.2. The Project Representative's decision, in matters relating to the project, shall be final, if within the terms of the Contract Documents. 13.3. If, however, the Project Representative fails to render a decision within ten days after the parties have presented their evidence, either party may then avail itself of the remedies provided in this contract or available to it by law. If the Project Representative renders a decision after such remedies have commenced, such decision may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned. 1.4.1 Use of Premises by the Contractor: 14.1. The Contractor shall confine its apparatus, the storage of materials and the operations of its workmen to limits indicated by law, by-laws, permits or directions of the Town and shall not unreasonably encumber the premises with its materials. 14.2. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. 15. Maintenance of Premises: The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work, and at the completion of the work it shall remove all its rubbish from and about the work site and all its tools, scaffolding and surplus materials and shall leave its work "broom -clean", or its equivalent, unless more exactly specified. In case of dispute, the Town may remove the rubbish and charge the cost to the several contractors, as the Town shall determine to be just. 16. Right to Terminate If the Contractor should (1) be adjudged a bankrupt, (2) make a general assignment for the benefit of creditors, (3) have a receiver appointed on account of its insolvency, (4) persistently or repeatedly refuse or fail to supply enough personnel and resources to perform the contract, (5) fail to make prompt payment to subcontractors or to providers of materials or labor, (6) persistently disregard laws and regulations or lawful directives of the Town, or (7) be guilty of a substantial violation of any provision of the Contract, then the Town may, without prejudice to any other right or remedy and after giving the Contractor (or any surety) seven days written notice, terminate the contract and the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it deems appropriate. Town of North Andover IFB Page 24 of 35 Cleaning of Sewer Pump Station Wet Wells In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid amount owed to the Contractor for work already completed shall exceed the expense of finishing the work, including compensation for additional architectural, managerial, legal and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balances, the Contractor shall pay the difference to the Town. The Contractor shall not be relieved of liability to the Town by virtue of any termination of this contract, and any claim for damages against the Contractor relating to the Contractor's performance under this contract shall survive any termination hereunder. Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon seven days written notice to the Contractor. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all work performed by the Contractor and accepted by the Town to the termination date. 17. Progress Payments: 17.1. The Contractor shall submit to the Town an itemized Application for Payment, supported to the extent required by the Town by invoices or other vouchers, showing payments for materials and labor, payments to Subcontractors and such other evidence of the Contractor's right to payment. 17.2. The Contractor shall, before the first application, submit to the Town a schedule of values of the various parts of the work, including quantities aggregating the total sum of the Contract, divided so as to facilitate payments to Subcontractors, made out in such form as the Town and the Contractor may agree upon, and, if required, supported by such evidence as to its correctness. This schedule, when approved by the Town, shall be used as a basis for payment, unless it is found to be in error. If applying for payments, the Contractor shall submit a statement based upon this schedule. 18. Withholding of Payments 18.1. The Town may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary in its reasonable opinion to protect the Town of North Andover from loss on account of - 18.1.1. £ 18.1.1. Defective work not remedied. 18.1.2. Claims filed or reasonable evidence indicating probable filing of claims. 18.1.3. Failure of the Contractor to make payments properly to Subcontractors or for material or labor. 18.1.4. A reasonable doubt that the Contract can be completed for the balance then unpaid. 18.1.5. Damage to another contractor. 18.1.6. Delays resulting in liquidated damages. Town of North Andover IFB Page 25 of 35 Cleaning of Sewer Pump Station Wet Wells 18.2. Withholding of payments shall be in strict compliance with statutory requirements. 19. Claims by Contractor and Liability of Town All claims by the Contractor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this contract regardless of the submission or existence of any claims. The limit of liability of the Town under this Agreement is limited to the compensation provided herein for work actually performed, and shall in no event include liability for delays or for incidental, special or consequential damages or lost profits or for damages or loss from causes beyond the Town's reasonable control. 20. Liquidated Damages: Because both parties recognize (1) that the time for completion of this Contract is of the essence, (2) that the Town will suffer loss if the work is not completed within the contract time specified, plus any extension thereof allowed in accordance with the provisions of this contract, and (3) the delays, expense and difficulties involved in a legal proceeding to determine the actual loss suffered by the Town if the work is not completed in time, it is agreed that the Contractor will pay the Town as liquidated damages representing an estimate of delay damages, not as a penalty, the sum of One Thousand Dollars ($1,000) per day for each calendar day of delay until the work is completed, whether the work is completed by the Contractor or some other person. The Town's right to impose liquidated damages shall in no way prohibit or restrict the Town's right to bring a legal action for damages in lieu of or in addition to its option to impose liquidated damages. The Town may deduct any liquidated damages from money due the Contractor, and if such payment is insufficient to cover the liquidated damages, then the Contractor shall pay the amount due. 21. The Contractors' Mutual Responsibility: Should the Contractor cause damage to any separate subcontractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement, or by recourse to remedies provided by law or by the provisions of the contract. If such separate contractor sues the Town on account of any damage alleged to have been sustained, the Town shall notify the Contractor, who shall defend such proceedings at the Town's expense and, if any judgment against the Town arises therefrom, the Contractor shall pay or satisfy it and pay all costs incurred by the Town. 22. Separate Contracts: 22.1. The Town reserves the right to let other Contracts in connection with this work under similar General Conditions. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with theirs. 22.2. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the Town any defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance Town of North Andover IFB Page 26 of 35 Cleaning of Sewer Pump Station Wet Wells of the other contractor's work as fit and proper for the reception of its work except as to defects which may develop in the other contractor's work after the execution of its work. 22.3. To insure the proper execution of its subsequent work, the Contractor shall measure work already in place and shall at once report to the Town any discrepancy between the executed work and the Drawings. 23. Subcontracts: 23.1. All Subcontracts shall be awarded in conformity with the requirements of the General Laws, Commonwealth of Massachusetts, Chapter 149, Sections 44A to 44L, inclusive. 23.2. The Contractor agrees that it is as fully responsible to the Town for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. 23.3. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Town. 24. Contractor -Subcontractor Relations: The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Agreement, the General Conditions of the Contract, the Supplementary General Conditions, the Drawings and Specifications, as far as applicable to its work, including the provisions of the General Laws, Commonwealth of Massachusetts, Chapter 149, Section 44A, et seq. 25. Indemnification: 25.1. The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this Contract. 25.2. In any and all claims against the Town or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or Town of North Andover IFB Page 27 of 35 Cleaning of Sewer Pump Station Wet Wells any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts. 25.3. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the Work. 26. The Contractor's Insurance: 26.1. The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 26.1.1. Claims under Worker's Compensation, disability benefit and other similar employee benefit acts; 26.1.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; 26.1.3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal liability coverage; 26.1.4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 26.2. The insurance required by the above shall be written for not less than the following minimum limits of liability: 26.2.1. Worker's Compensation Insurance Requirements Workers' Compensation coverage as required by the laws of the Commonwealth of Massachusetts. 26.2.2. Liability Insurance Requirements Liability insurance shall include all major divisions and shall be on a comprehensive general basis including Premises and Operations, Owners and Contractor's Protective, Products and Completed Operations, and Owned, Non -owned and Hired Motor Vehicles. All such insurance shall be written for not less than any limits of liability required by law, unless otherwise provided in the contract documents, or the following limits, whichever are greater: Town of North Andover IFB Page 28 of 35 Cleaning of Sewer Pump Station Wet Wells Comprehensive General Liability Insurance (Broad Form) Bodily Injury $1,000,000 per person $3,000,000 per occurrence Property Damage $1,000,000 per occurrence $3,000,000 annual aggregate Automobile Liability Insurance $500,000 per person $1,000,000 per occurrence 26.3. The above insurance policies shall also be subject to the following requirements: 26.3.1. Insurance coverage for the Contractor's Comprehensive General Liability, as hereinafter specified under Paragraph entitled "Protective Liability Insurance" shall be written by one and the same insurance company to avoid the expense of duplicate and/or overlapping coverage and to facilitate and expedite the settlement of claims. 26.3.2. Certificates of Insurance acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work. Renewal ;certificates shall be addressed to and filed with the Town at least ten (10) days prior to the expiration date of required policies. 26.3.3. No insurance coverage shall be subject to cancellation without at least thirty (30) days prior written notice forwarded by registered or certified mail to the Town. The Town shall also be notified of the attachment of any restrictive amendments to the policies. 26.3.4. All Certificates of Insurance shall be on the "MIIA" or "ACORD" Certificate of Insurance form, shall contain true transcripts from the policies, authenticated by the proper officer of the Insurer, evidencing in particular those insured, the extent of coverage, the location and operations to which the insurance applies, the expiration date and the above-mentioned notice clauses. 26.3.5. All premium costs shall be included in the Contractor's bid. 26.3.6. All insurance shall be written on an occurrence basis. Coverage shall be maintained without interruption from date of the Contract until date of final payment and termination of any coverage required to be maintained after payment. 27. Protective Liability Insurance: 27.1. The Contractor shall purchase and maintain such insurance as described in the preceding paragraph as will protect the Town from claims which may arise from operations under the Contract, including operations performed for the named insureds by independent contractors and general inspection thereof by the named insureds. 27.2. The Contractor shall also purchase and maintain such insurance as will protect the Town against Automobile Non -Ownership Liability in connection with the Contractor's Town of North Andover IFB Page 29 of 35 Cleaning of Sewer Pump Station Wet Wells operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 27.3. The limits of liability for coverage required under the preceding paragraphs shall be as specified under the provisions hereof governing the Contractor's General Liability Policy. 27.4. The Town shall be named as an additional insured on the above referenced liability Policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements and amendments, shall be the sole responsibility of the Contractor. 28. Liens: Neither the Final Payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Town a complete release of all liens arising out of the Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that as far as it has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed. The Contractor shall comply with all statutory provisions of the General Laws of the Commonwealth of Massachusetts with regard to liens, Chapter 254 and 149 as amended (as a minimum requirement). 29. Guarantees: 29.1 The Contractor guarantees and warrants to the Town that all labor furnished under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 29.2. If at any time any part of the work constructed under the terms of this contract shall in the opinion of the Town Manager require repairing due to defective work or materials furnished by the Contractor, he may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten days of the date of giving it notice thereof and to complete the same to the satisfaction of the Town Manager with reasonable dispatch, then the latter may employ other persons to make such repairs. The Town shall charge the expense thereof to the Contractor and may use any moneys still retained to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof. 29.3. All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or Manufacturer must be delivered to the Town before final payment to the Contractor may be made for the amount of that subtrade or for the phase of work to which the guarantee or warranty relates. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his work in accordance with the Contract Documents. The Contractor's Town of North Andover IFB Page 30 of 35 Cleaning of Sewer Pump Station Wet Wells obligation to correct work is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications. This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: The Town of North Andover by: Town Manager Department/Division Head Town Accountant Certified as to Appropriation Town Counsel Certified as to Form The Contractor by: Authorized Signature Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Page 31 of 35 CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Date Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b),1 , authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date Town of North Andover IFB Page 32 of 35 Cleaning of Sewer Pump Station Wet Wells CERTIFICATION LABOR HARMONY AND OSHA TRAINING REQUIREMENTS The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA -approved construction safety and health course lasting at least ten (10) hours. Signature Print Name & Title Town of North Andover IFB Cleaning of Sewer Pump Station Wet Wells Date Company Name Page 33 of 35 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding LU= that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover IFB Page 34 of 35 Cleaning of Sewer Pump Station Wet Wells Prevailing Wage Rates Town of North Andover IFB Page 35 of 35 Cleaning of Sewer Pump Station Wet Wells THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVAL L. PATRICK As determined by the Director under the provisions of the JOANNE F. GOLDSTEIN GOvemor Secretary MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. xowE Lt. Govemor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: (Non -Construction) Periodic cleaning of sewer pump station wet wells and the pumping of wet wells, valve pits, and vaults during emergecny events (public works non -building construction) Job Location: Throughout Town of North Andover Information about Prevailing Wage Schedules for Awarding Authorities and Contractors • This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the "Wage Request Number" on all pages of this schedule. • Awarding authorities must request an updated wage schedule from the Department of Labor Standards ("DLS") if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. • The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 27. Once a contractor has been selected by the awarding authority, the wage schedule shall be made a part of the contract for that project. The wage schedule must be posted in a conspicuous place at the work site during the life of the project in accordance with M.G.L. c. 149, § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project regardless of whether they are employed by the prime contractor, a filed sub -bidder, or any sub -contractor. • All apprentices must be registered with the Massachusetts Division of Apprenticeship Training (DAT) in order to be paid at the lower apprentice rates. All apprentices must keep his/her apprentice identification card on his/her person during all work hours. If a worker is not registered with DAT, he/she must be paid the "total rate" listed on the wage schedule regardless of experience or skills. • The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule. Awarding authorities are required to request these updates no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. Contractors are required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The annual update requirement is not applicable to 27F "rental of equipment" contracts. • Every contractor or subcontractor which performs construction work on the project is required to submit weekly payroll reports directly to the awarding authority and keep them on file for three years. Each weekly payroll report must contain: the employee's name, address, occupational classification, hours worked, and wages paid. Do not submit weekly payroll reports to DLS. A sample of a payroll reporting form may be obtained at http://www.mass.gov/dols/pw. • Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative obligation to inquire with DLS at (617) 626-6953. • Employees not receiving the prevailing wage rate set forth on the wage schedule may report the violation to the Fair Labor Division of the office of the Attorney General at (617) 727-3465. • Failure of a contractor or subcontractor to pay the prevailing wage rates listed on the wage schedule to all employees who perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and criminal penalties. Issue Date: 12/05/2012 Wage Request Number: 20121205-005 Classification Effective Date Base Wage Health Pension Supplemental Total Rate Unemployment Rental of Equipment - East (2 AXLE) DRIVER - EQUIPMENT 12/01/2012 $30.45 $8.91 $0.00 $0.00 $39.36 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B (3 AXLE) DRIVER - EQUIPMENT 12/01/2012 $30.52 $8.91 $0.00 $0.00 $39.43 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B (4 & 5 AXLE) DRIVER - EQUIPMENT 12/01/2012 $30.64 $9.07 $0.00 $0.00 $39.71 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B ASPHALT/CONCRETE/CRUSHER PLANT -ON SITE 12/01/2012 $40.09 $10.00 $0.00 $0.00 $50.09 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.87 $10.00 $0.00 $0.00 $50.87 12/01/2013 $41.65 $10.00 $0.00 $0.00 $51.65 For apprentice rates see "Apprentice- OPERATING ENGINEERS" BACKHOE/FRONT-END LOADER 12/01/2012 $40.09 $10.00 $0.00 $0.00 $50.09 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.87 $10.00 $0.00 $0.00 $50.87 12/01/2013 $41.65 $10.00 $0.00 $0.00 $51.65 For apprentice rates see "Apprentice- OPERATING ENGINEERS" BULLDOZER/GRADER/SCRAPER 1.2/01/2012 $39.72 $10.00 $0.00 $0.00 $49.72 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.49 $10.00 $0.00 $0.00 $50.49 12/01/2013 $41.27 $10.00 $0.00 $0.00 $51.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" CLAM SHELLS/SLURRY BUCKETSMEADING MACHINES 12/01/2012 $41.09 $10.00 $0.00 $0.00 $51.09 OPERATING ENGINEERS LOCAL 4 06/01/2013 $41.87 $10.00 $0.00 $0.00 $51.87 12/01/2013 $42.65 $10.00 $0.00 $0.00 $52.65 For apprentice rates see "Apprentice- OPERATING ENGINEERS" COMPRESSOR OPERATOR 12/01/2012 $28.17 $10.00 $0.00 $0.00 $38.17 OPERATING ENGINEERS LOCAL 4 06/01/2013 $28.72 $10.00 $0.00 $0.00 $38.72 12/01/2013 $29.27 $10.00 $0.00 $0.00 $39.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" DIVER 08/01/2012 $54.88 $9.80 $0.00 $0.00 $64.68 PILE DRIVER LOCAL 56 (ZONE IJ 08/01/2013 $56.98 $9.80 $0.00 $0.00 $66.78 08/01/2014 $59.08 $9.80 $0.00 $0.00 $68.88 08/01/2015 $61.18 $9.80 $0.00 $0.00 $70.98 DIVER TENDER 08/01/2012 $54.88 $9.80 $0.00 $0.00 $64.68 PILE DRIVER LOCAL 56 (ZONE. I) 08/01/2013 $56.98 $9.80 $0.00 $0.00 $66.78 08/01/2014 $59.08 $9.80 $0.00 $0.00 $68.88 08/01/2015 $61.18 $9.80 $0.00 $0.00 $70.98 FLAGGER & SIGNALER 12/01/2012 $20.50 $7.10 $0.00 $0.00 $27.60 LABORERS-7.0NE2 06/01/2013 $20.50 $7.10 $0.00 $0.00 $27.60 12/01/2013 $20.50 $7.10 $0.00 $0.00 $27.60 06/01/2014 $20.50 $7.10 $0.00 $0.00 $27.60 12/01/2014 $20.50 $7.10 $0.00 $0.00 $27.60 06/01/2015 $20.50 $7.10 $0.00 $0.00 $27.60 12/01/2015 $20.50 $7.10 $0.00 $0.00 $27.60 06/01/2016 $20.50 $7.10 $0.00 $0.00 $27.60 12/01/2016 $20.50 $7.10 $0.00 $0.00 $27.60 --------------------- --------------- ---- ----- - ------ - Issue Date: 12/05/2012 Wage Request Number: ---- - ---------------- 20121205-005 ------ -- -- ------------------- Page 2 of 5 Classification For apprentice rates see "Apprentice- LABORER" FORK LIFT/CHERRY PICKER OPERATING ENGINEERS LOCAL 4 For apprentice rates see "Apprentice- OPERATING ENGINEERS" Effective Date Base Wage Health Pension Supplemental Total Rate $38.17 OPERATING ENGINEERS LOCAL 4 Unemployment 12/01/2012 $40.09 $10.00 $0.00, $0.00 $50.09 06/01/2013 $40.87 $10.00 $0.00 $0.00 $50.87 12/01/2013 $41.65 $10.00 $0.00 $0.00 $51.65 GENERATOR/LIGHTING PLANT/HEATERS 12/01/2012 $28.17 $10.00 $0.00 $0.00 $38.17 OPERATING ENGINEERS LOCAL 4 Supplemental Step percent Apprentice Base Wage Health 06/01/2013 $28.72 $10.00 $0.00 $0.00 $38.72 $0.00 12/01/2013 $29.27 $10.00 $0.00 $0.00 $39.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" $34.05 3 65 $26.06 $10.00 $0.00 $0.00 HOISTING ENGINEER/CRANES/GRADALLS 12/01/2012 $40.09 $10.00 $0.00 $0.00 $50.09 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.87 $10.00 $0.00 $0.00 $50.87 $32.07 12/01/2013 $41.65 $10.00 $0.00 $0.00 $51.65 Apprentice- OPERATING ENGINEERS- Local 4 Effective Date - 12/01/2012 Supplemental Step percent Apprentice Base Wage Health Pension Unemployment Total Rate 1 55 $22.05 $10.00 $0.00 $0.00 $32.05 2 60 $24.05 $10.00 $0.00 $0.00 $34.05 3 65 $26.06 $10.00 $0.00 $0.00 $36.06 4 70 $28.06 $10.00 $0.00 $0.00 $38.06 5 75 $30.07 $10.00 $0.00 $0.00 $40.07 6 80 $32.07 $10.00 $0.00 $0.00 $42.07 7 85 $34.08 $10.00 $0.00 $0.00 $44.08 8 90 $36.08 $10.00 $0.00 $0.00 $46.08 Effective Date - 06/01/2013 Supplemental Step percent Apprentice Base Wage Health Pension Unemployment Total Rate 1 55 $22.48 $10.00 $0.00 $0.00 $32.48 2 60 $24.52 $10.00 $0.00 $0.00 $34.52 3 65 $26.57 $10.00 $0.00 $0.00 $36.57 4 70 $28.61 $10.00 $0.00 $0.00 $38.61 5 75 $30.65 $10.00 $0.00 $0.00 $40.65 6 80 $32.70 $10.00 $0.00 $0.00 $42.70 7 85 $34.74 $10.00 $0.00 $0.00 $44.74 8 90 $36.78 $10.00 $0.00 $0.00 $46.78 Notes: Apprentice to Journeyworker Ratio:1:6 -- - -- ---- -- - -- --- -- - -- - - -------- .... - --- -------- ------------------------- ------ -- ----------- Issue Date: 12/05/2012 Wage Request Number: 20121205-005 Page 3 of 5 Classification Effective Date Base Wage Health Pension Supplemental Total Rate Effective Date - 12/01/2012 Apprentice Base Wage Health Pension Unemployment Total Rate LABORER 12/01/2012 $29.60 $7.10 $0.00 $0.00 $36.70 LABORERS - ZONE 2 $17.76 $7.10 $0.00 $0.00 $24.86 06/01/2013 $30.10 $7.10 $0.00 $0.00 $37.20 12/01/2013 $30.60 $7.10 $0.00 $0.00 $37.70 06/01/2014 $31.10 $7.10 $0.00 $0.00 $38.20 12/01/2014 $31.60 $7.10 $0.00 $0.00 $38.70 06/01/2015 $32.10 $7.10 $0.00 $0.00 $39.20 12/01/2015 $32.60 $7.10 $0.00 $0.00 $39.70 06/01/2016 $33.10 $7.10 $0.00 $0.00 $40.20 12/01/2016 $33.85 $7.10 $0.00 $0.00 $40.95 Apprentice - LABORER - Zone 2 12/01/2012 $21.28 $10.00 Supplemental $0.00 Effective Date - 12/01/2012 Apprentice Base Wage Health Pension Supplemental Total Rate Step percent Apprentice Base Wage Health Pension Unemployment Total Rate 1 60 $17.76 $7.10 $0.00 $0.00 $24.86 2 70 $20.72 $7.10 $0.00 $0.00 $27.82 3 80 $23.68 $7.10 $0.00 $0.00 $30.78 4 90 $26.64 $7.10 $0.00 $0.00 $33.74 Effective Date - 06/01/2013 12/01/2012 $21.28 $10.00 Supplemental $0.00 Step percent Apprentice Base Wage Health Pension Unemployment Total Rate 1 60 $18.06 $7.10 $0.00 $0.00 $25.16 2 70 $21.07 $7.10 $0.00 $0.00 $28.17 3 80 $24.08 $7.10 $0.00 $0.00 $31.18 4 90 $27.09 $7.10 $0.00 $0.00 $34.19 ----------__._--..___..----------- Notes: $24.62 $10.00 $0.00 $0.00 --� A--._,,.._-_--___.--_.,..--...._------ Apprentice to Journeyworker Ratio:l :5 OILER (OTHER THAN TRUCK CRANES,GRADALLS) 12/01/2012 $21.28 $10.00 $0.00 $0.00 $31.28 OPERATING ENGINEERS LOCAL 4 06/01/2013 $21.70 $10.00 $0.00 $0.00 $31.70 12/01/2013 $22.12 $10.00 $0.00 $0.00 $32.12 For apprentice rates see "Apprentice- OPERATING ENGINEERS" OILER (TRUCK CRANES, GRADALLS) 12/01/2012 $24.62 $10.00 $0.00 $0.00 $34.62 OPERATING ENGINEERS LOCAL 4 06/01/2013 $25.10 $10.00 $0.00 $0.00 $35.10 12/01/2013 $25.59 $10.00 $0.00 $0.00 $35.59 For apprentice rates see "Apprentice- OPERATING ENGINEERS" OTHER POWER DRIVEN EQUIPMENT - CLASS II 12/01/2012 $39.72 $10.00 $0.00 $0.00 $49.72 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.49 $10.00 $0.00 $0.00 $50.49 12/01/2013 $41.27 $10.00 $0.00 $0.00 $51.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" PANEL & PICKUP TRUCKS DRIVER 12/01/2012 $30.28 $9.07 $0.00 $0.00 $39.35 TEAMSTERS JOINT COUNCIL NO. IO ZONE B POWER SHOVEL/DERRICK/TRENCHING MACHINE 12/01/2012 $40.09 $10.00 $0.00 $0.00 $50.09 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.87 $10.00 $0.00 $0.00 $50.87 12/01/2013 $41.65 $10.00 $0.00 $0.00 $51.65 For apprentice rates see "Apprentice- OPERATING ENGINEERS" - Issue Date: 12/05/2012 Wage Request Number: ---- - - ------ 20121205-005 - -------- --- ----- - - --- ----- Page 4 of 5 Classification Effective Date Base Wage Health Pension Supplemental Total Rate Unemployment PUMP OPERATOR (CONCRETE) 12/01/2012 $40.09 $10.00 $0.00 $0.00 $50.09 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.87 $10.00 $0.00 $0.00 $50.87 12/01/2013 $41.65 $10.00 $0.00 $0.00 $51.65 For apprentice rates see "Apprentice- OPERATING ENGINEERS" PUMP OPERATOR (DEWATERING, OTHER) 12/01/2012 $28.17 $10.00 $0.00 $0.00 $38.17 OPERATING ENGINEERS LOCAL 4 06/01/2013 $28.72 $10.00 $0.00 $0.00 $38.72 12/01/2013 $29.27 $10.00 $0.00 $0.00 $39.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" ROLLER/SPREADER/MULCHING MACHINE 12/01/2012 $39.72 $10.00 $0.00 $0.00 $49.72 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.49 $10.00 $0.00 $0.00 $50.49 12/01/2013 $41.27 $10.00 $0.00 $0.00 $51.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" SPECIALIZED EARTH MOVING EQUIP < 35 TONS 12/01/2012 $30.74 $8.91 $0.00 $0.00 $39.65 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B SPECIALIZED EARTH MOVING EQUIP > 35 TONS 12/01/2012 $31.03 $8.91 $0.00 $0.00 $39.94 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B TRACTORS/PORTABLE STEAM GENERATORS 12/01/2012 $39.72 $10.00 $0.00 $0.00 $49.72 OPERATING ENGINEERS LOCAL 4 06/01/2013 $40.49 $10.00 $0.00 $0.00 $50.49 12/01/2013 $41.27 $10.00 $0.00 $0.00 $51.27 For apprentice rates see "Apprentice- OPERATING ENGINEERS" TRAILERS FOR EARTH MOVING EQUIPMENT 12/01/2012 $31.32 $8.91 $0.00 $0.00 $40.23 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B TREE TRIMMER 02/01/2009 $16.59 $2.42 $0.00 $0.00 $19.01 OUTSIDE ELECTRICAL WORKERS -EAST LOCAL 104 This classification applies only to the trimming of branches on and around utility lines. TREE TRIMMER GROUNDMAN 02/01/2009 $14.64 $2.42 $0.00 $0.00 $17.06 OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104 This classification applies only to the trimming of branches on and around utility lines. VAC-HAUL/CATCH BASIN CLEANING 12/01/2012 $30.74 $8.91 $0.00 $0.00 $39.65 TEAMSTERS JOINT COUNCIL NO. 10 ZONE B Additional Apprentice Information: Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre -determined hourly wage rate established by the Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L. c. 23, ss.IIE-I IL. All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 11 E -I IL. All steps are six months (1000 hours) unless otherwise specified. * Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof. ** Multiple ratios are listed in the cormuent field. *** APP to JM; 1:1, 2:2,2:3, 3:4, 4:4, 4:5, 4:6, 5:7, 6:7, 6:8, 6:9, 7:10, 8:10,8:11, 8:12, 9:13, 10:13, 10:14, etc. **** APP to JM; 1:1, 1:2, 2:3, 2:4, 3:5, 4:6, 4:7, 5:8, 6:9, 6:10, 7:11, 8:12, 8:13, 9:14, 10:15, 10:16, etc. -- - ------- --- -- ---- - - --- ---- ----- Issue Date: 12/05/2012 Wage Request Number: 20121205-005 Page 5 of 5 Santilli, Ray From: REGS@sec. state. ma. us Sent: Wednesday, December 12, 2012 10:01 AM To: Santilli, Ray Subject: Publish Date Assigned for General Contracts A publish date of 12/19/12 has been assigned to your General Contracts submission with description of: The Town of North Andover is soliciting bids from experienced contractors to perform periodic cleaning of sewer pump station (SPS) wet wells and the pumping of wet wells, valve pits, and vaults during emergency events. The Town is seeking to award a one-year contract for the period of 2/15/13 - 2/14/14 with one additional one-year renewal, solely at the discretion of the Town. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. SPR Central Register General Contract Submit Confirmation S T -e- Pubfications and Regulations taL I William Francis Galvin, Secretary of the Commonwealth Page 1 of 2 Home I Search .. ..! AR Contact The following General Contract submission was successfully received. Planned date of publish is 12/26/2012 Awarding Agency Agency Name and Address: Town of North Andover 120 Main Street North Andover, MA 01845 Project Number: 'Estimated Cost: -� Contractor Qualification: Required for DCAM contracts over $100,000, Massachusetts Highway contracts over $50,000. Contact Information Name: Phone: Email Address: Ray Santilli, Assistant Town Manager 978-688-9516 Fax 978-688-9556 rsantilli(a�townofnorthandover.com Notify email address listed when final publish date assigned Contract Information Project: Plans/Specifications Available: Place, date and time General Bid Deadline*: Sub Bid Deadline: Sub Bid Cntaonriac- In accordance with M.G.L. c30 §39M, the Town of North Andover is soliciting bids from experienced contractors to perform periodic cleaning of sewer pump station (SPS) wet wells and the pumping of wet wells, valve pits, and vaults during emergency events. The Town is seeking to award a one-year contract for the period of February 15, 2013 through February 14, 2014 with one (1) additional one-year renewal, solely at the discretion of the Town. The complete Invitation for Bids document will be available on Wednesday, December 26, 2012 at 11:00 a.m. at www.townofnorthandover.com by clicking on 'Bids, Quotes and Pro osals' 01/17/2013 Time 2:00 p.m. Time http://www.sec.state.ma.us/sprpublieforms/GCSubmitConfirmation.asnx?ID=76626 12./11 /2n12