Loading...
HomeMy WebLinkAboutContract #: 1201 - From: 05-15-2019 To: 05-14-2021 - Napoli Trucking, Inc. - DPW TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: Contractor Legal Name: Town Department Name: Napoli Trucking Company, Inc. Town of North Andover Contractor Address: Mailing Address: 51 Jetwood Street 120 Main Street North Andover,MA 01845 North Andover,MA 01845 Contractor Vendor ID: Rate(if applicable): Not to Exceed: $29,900.00 Contract start date: Contract End Date: May 15, 2019 May 144 2021 Description of Scope(Attach support documentation) See attached scope and pricing Contract Signatures: Approved as to the availability of ALL REQUIRED DOCUMENTS AGREES TO PROVIDE THE appropriations ATTACHED GOODS OR SERVICES AS INDICATED ACCORDANCE In the amount of WITH THESE CONTRACT f� k DOCUMENTS AS DEFINED IN $29,900.00 THE NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS Fi nce Director: Departt Head: Contractor: 7= ` Signat e Signature - Signature Title: Dat Date: ' 2 2' Date: Town Manager: Town Counsel: *SignatL)�S� U0, i I Date: (Y _ Dateature TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS1 Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 1."Town"shall mean the To of North Andover,Massachusetts 2. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's Price Proposals,Performance Bonds,which documents are incorporated herein by reference. Any conflict between the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals. 3."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is awarded. Article 11.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks described in the Contract Documents. The Contractor shall upon written request remove from To premises or work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly, careless or incompetent or to be employed in violation of the terms of this Contract. Performance under this contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted by the Town. The To shall have a reasonable opportimity to inspect all goods and delivers,services performed by and work product of the Contractor and accept or reject such goods,deliverable,services or work product. Article 111. Time of Performance:.The Contractor shall commence work immediately upon execution of this Agreement. If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as determined by the To the To may give notice in writing to proceed with the work or to carry on more speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended or renewed upon agreement of the parties and only upon execution of written agreement. Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made in the scope or character of the work to be performed,the Town will promptly notify Contractor.For any changes to the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The Contractor shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town. Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based on the milestones and deliverables set forth in the Contract Documents or on a periodic basis. Article VI. Ownership and Confidentiality of Material,Work Products: All information,data,reports, studies,designs,drawings, specifications,materials,computer programs,documents,models,inventions,equipment, and any other documentation,product oft gible materials to the extent authored or prepared pursuant to this Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shall be detailed in the Contract Documents. At the completion or termination of this Contract copies of all original Materials shall be promptly turned over to the Town. Once the To has paid for a particular Material,ownership vests in To and the Contractor must provide such Materials to To within ten(10)business days of the Town's request for the same without cost to the Town. The To may use the Materials with respect to construction, maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time to time. The To may use the Materials produced,generated or compiled by the Contractor for another project, provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project. The To agrees,to the extent permitted by law,to hold the Contractor harmless from any claims, losses arising out of any use or changes to the Materials by the Town or its representatives during any other construction not a part of this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract ..........................................- These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L. c.30B or for exempt good and services. without prior written consent of the Town. Article VII. Release of Town: The Contractor agrees that acceptance of what the To tenders as the final payment for final services under this Agreement shall be deemed to release of the To forever from all claims, demands,and liabilities arising from,out of,or in any way connected with this Agreement. The Contractor shall execute a release if asked to by the Town. Article VIII. Indemnification: The Contractor shall indemnify,defend and hold harmless the To and all of its officers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands, losses and liabilities brought against them or based upon or arising out of any act or omission of the Contractor,its agents, officers,employees,or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall hold the To harmless for any injuries,damages or losses incurred by its employees while working on this project. The Contractor's agreement to indemnify the Town shall not be deemed to be released,waived or modified in any respect by reason of any surety or insurance provided by the Contractor under the Agreement. Article IX Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the Town with certification of such.The Contractor shall at its own expense maintain motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance with a minimum limit of$1,000,000.00 per occurrence, $2,000,000.00 aggregate with a maximum deductible of $25,000.00. Article X.Assignment: , The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town. Article XI. Relationship with the Town: All services to be performed under the terms of this contract will be rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle- agent,master-servant or employer-employee relationship between the To and the Contractor. The Contractor shall have no capacity to bind the Town in any contract nor to incur liability on the part of the To and if the Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal shall not obligate the To in any manner to any such employee. Article XII.Compliance with Laws and Contractors Responsibilities: The Contractor certifies that it and its subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any employee,or applicant for employment because of race,age,color,religious creed sexual orientation or identification,handicap,ancestry,sex or national origin. The Contactor will in all solicitations or advertisement form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal consideration for employment without regard to race,age,color,religious creed,sexual orientation or identification, handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L. c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable. If an employer,the Contractor certifies compliance with applicable state and federal employment laws and regulations, including but not limited to minimum wages and prevailing wages programs and payments, unemployment insurance and contributions,workers compensation and insurance,child labor laws,human trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws. The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract Documents and to ensure their compliance with all applicable legal,quality and performance requirements of the Contract Documents. The Contractor may not use subcontractors not named in the Contract Documents without the prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for labor and/or services and materials contracted by it,if any,and for the rental of any office space,equipment or machinery hired by it,if any, for and on account for the services to be perfonned hereunder. The Contractor shall not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L.c.268A. The Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S.government, the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal or state criminal or civil judgement,administrative citation, order for violation of M.G.L. c. 149,s. 151 or the Fair Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not declared bankruptcy. 2 Article X111. Severability: In the event any provision of this Agreement is found by a court of appropriate jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and effect. Article XIV. Termination of Agreement:— The Town may terminate this Agreement upon immediate written notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the notice,the To may at its option,terminate the Agreement. The To may terminate this agreement without cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the event of termination,the Contractor shall be compensated for work product and services performed prior to the date of termination. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under no circumstances shall the total price exceed the contract price. Article XV. 'Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof. 3 Specifications o Washed sand, gravel, and crushed bank gravel, picked up at plant by Public Works or delivered to Public Works yard, per state specifications. o Crushed stone(trap rock), crusher screening at crusher or delivered(3"to 6"minus and 6"to 8"minus)per state specifications. o Crushed recycled bituminous concrete or cement concrete (for base material), picked up at plant by Public Works or delivered to Public Works yard,per state specifications. o State specification shall mean Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, 1988 edition. 5. Estimated Quantities Based on historical use, the Town estimates the following quantities of each material will be purchased each year of the contract. These amounts are simply estimates for bid purposes only. The Town will not be obligated to purchase any item in any specific quantity during the period of the contract. Year 1 Year 2 1. Washed Sand 200 tons 200 tons 2. Bank Run Sand 500 tons 500 tons 3. 3/4" Washed/Crushed Gravel 50 tons 50 tons 4. 1-1/2" Washed/Crushed Gravel 50 tons 50 tons 5. 3"+/- Stone 25 tons 25 tons 6. Dense Grade 50 tons 50 tons 7. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons 200 tons APPENDIX A - PRICE PROPOSAL The Contract will he awarded to the responsible, responsive bidder offering the lowest aggregate price for the products delivered calculated for the two-year period of the proposed contract. All prices are to remain firm for the duration of the Contract. *Delivery of all products is to the Department of Public Works, 384 Osgood Street, North Andover,MA In the event of a discrepancy between the unit price and the extended total price of the item, the unit price will govern. Year 1 —May 15,2019 through May 15,2020 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 200 tons $ A 00 /T $ /T 2. Bank Run Sand 500 tons $ 1-2 CJ /T $ /T $ 3. 3/4"Washed/Crushed Gravel 50 tons $ / -"/T $ j�`°L /T $ �d 4. 1-1/2"Washed/Crushed Gravel 50 tons $ /T $ 1Lu /T $ C Jy 5. 3"+/- Stone 25 tons $ ,y lT $ T $ 3 `00 6. Dense Grade 50 tons $ " ,n /T $ %J /T $ 7. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ ^t`/T $ `U /T $ TOTAL $ f 4 rg®'oD Year 2—May 16,2020 through May 16,2021 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 200 tons $ E lT $ /T $ 5 1 6'.Dec 2. Bank Run Sand 500 tons $l 1.6° /T $ J,0`� /T 3. 3/4"'Washed/Crushed Gravel 50 tons $1 ,o0 lT $ T $ - 6a, w 4. 1-1/2"Washed/Crushed Gravel 50 tons $ 13-1 /T $ ii�,w /T $ G 'o,ct 5.° 3"+/- Stone 25 tons $ lq ro /T $ G� /T $ — 6. Dense Grade 50 tons $ ,,` IT $ f-�� IT $ 7. Crushed/Recycled Asphalt of & Concrete (Base Material) 200 tons $ k I Yw IT $ 't IT $ TOTAL $ 2-YEAR GRAND TOTAL $ Business Name Q'��"L` �G C, - ` Business Address Business Phone 1 T 6.. Pd,) 7 Fax 7-2 d - G r� S; 1-2�fL Email Address Name of Person Authorized to sign Price Proposal Title of Person Authori d to sign Price Proposal ove ers n