Loading...
HomeMy WebLinkAboutContract #: 1406 - From: 11-01-2020 To: 03-15-2021 - Arco Excavators, Inc. - DPW TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACI'NO: og", Contractor Legal Name: Town Department Name: ARCO Lxcavatom Inc. No Andover Public Works®Engineering Contractor Address: Mailing Address: 45 Little River Road 384 Osgood Street Kingston,NH 03848 North Andover,MA 01845 Contractor Vendor ID: 597 Contract Details: Description of'Scope(Attach support docunwntation) Supply all equipment,labor,and materials for the emergency sewer service replacement located at 83 Elm Street. Work includes excavating and removing existing sewer service connected to the drain,install new sewer service from the house to the sewer main within Elm Street.restore existing concrete sidewalk.restore existing pavement within the roadway.and restore all disturbed areas with loam and seed as necessary. Begin Date:November 1,2020 End Date:March 31,2021 Rate:$ N/A Not to Exceed Amount:S 15.000 Contract Signatures Finance Director Contractor Department I lead ARdo &DeeAV47VR-ci/A/C. John Borgesi AV ANr 544YXER Approved as to the availability of AGRFFS TO PROVIDE T`HF A-ITACH ALL.REQUIRED appropriations GOODS OR SERVICES AS DOCUMENTS INDICATFD ACCORDANCE WITH THESE CONTRACT DOCUME NTS AS DEFINED IN THE NORTH ANDOVER In the amount of STANDARD CONTRACT GENERAL CONDITIONS S 15.000 Ig nUt rc Si nature Signature Date: Title: Title:Assistant Director/Town k- / PAUm5 tZAAO- Engineer Date: /,-1 4./,,1C> Date:1'1 Z i&LZ4: Town Manager: Town Counsel: DaW Date: TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 2."Town"shall mean the Town of North Andover,Massachusetts 3. "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. ."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is awarded. Article H.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 Town 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 Town shall have a reasonable opportunity 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 III.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 Town,the Town 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 of tangible 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 Town has paid for a particular Material,ownership vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's request for the same without cost to the Town. The Town 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 Town 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 Town 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 I These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt good and services. 1 without prior written consent of the Town. Article VII. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final payment for final services under this Agreement shall be deemed to release of the Town 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 Town 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 Town 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 Town 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 Town 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 Town 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.27B,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 performed 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. Article XIII. Severability: In the event any provision of this Agreement is found by a court of appropriate 2 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 Town may at its option,terminate the Agreement. The Town 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 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that our 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. f Signature Date .w William T. Sa er President Arco Excavators, Inc. Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I William T. Sawver,,authorized signatory for Arco Excavators, Inc. 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 1 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of Arco Excavators, Inc. held on September 23, 1998 it was VOTED,THAT William T. SMer President (Name) (Officer) of Arco Excavators, Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Arco Excavators, Inc., and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Arco Excavators Inc, on its behalf by such officer under seal of Arco Excavators,Inc., shall be valid and binding upon Arco Excavators, Inc. I hereby certify that I am the clerk of the above named Arco Excavators, Inc. and that William T. Sawyer is the duly elected officer as above of said Arco Excavators, Inc., and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. ( erk} ARCOE-1 ,4coRO' DD CERTIFICATE OF LIABILITY INSURANCE DA12/1TE 8/2020Y) �—�—' 12/18/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 781-642-9000 CONTACT Eastern States Insurance PHONE 781-642-9000 FAX 781-647-3670 /C,Agency,Inc. A No,Ext: ac,No): 50 Prospect Street A :certificaterequest@esia.com Waltham,MA 02453 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Union Insurance Co m an 258" NSUR INSURERB:Acadia Insurance Company 31325 Arco Excayatoms Inc. 4$Little River . INSURER C: Kingston,NH 03848 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL UBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMSMADE ❑OCCUR X CPA5350326 06/01/2020 06/01/2021 PRREMA ETOREoN�T�EDn 300,000 MED EXP(Any one rson 15,000 PERSONAL&AOV INJURY _ 1,000,000 GEN'L AGGREGATE LIMB APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY❑PERa LOC PRODUCTS-COMP/OP AGG 2,000,000 07HER: Emp Ben. 1 M/2M A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident) ANY AUTO CAA5350327 06/01/2020 06/01/2021 BODILY INJURY Perperson) $ X OWNED SCHEDULED AU�T�O�S ONLY AUTOSyy p BODILY INJURY Per accident) $ X AUTOS ONLY LX� AUTO ONLY PeOr ardent AMAGE $ B X UM13RELLA UAB I X OCCUR EACH OCCURRENCE $ 2'000'000 EXCESS LIAR CLAIMS-MADE CUA5350328 06/01/2020 06/01/2021 AGGREGATE $ 2,000,000 DEo TX RETENTION$ 10,000 B WORKERS COMPENSATION IPER I OTH- AND EMPLOYERS'LIABILITY STATER WCA5350329 06/01/2020 06/01/2021 500,000 P ANY ROPRIETORIPARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT (FFICERMIEMBER EXCLUDED? ® N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 500,000 It es,describe under 500,000 DES RIPTI N OF OPERATIONS below E.L.DISEASE-POLICYLIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional RamaAu Schedule,may be attached H more space is required) Town of North Andover is an additional insured in regards to the General Liability where required by written contract or agreement CERTIFICATE H LD R CANCELLATION NANDOVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street North Andover,MA 01845 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INTEROFFICE M® DATE: December 16, 2020 TO: Melissa Murphy-Rodrigues, Town Manager CC: James Stanford, Director of Public Works; Laurie Burzlaff, Director of Administrative Services FROM: John Borgesi, Asst. Director of Public Works/Town Engineer q76 RE: 83 Elm Street - ARCO Excavators, Inc. —Emergency Services Approval Between November 10 and 12, 2020,ARCO Excavators was working on a sewer service back-up call located at 83 Elm Street. Based on information from the resident over the years they have had reoccurring issues with sewer service back-ups so they hired a plumber who televised the sewer service and identified there were some issues within the Town Right of Way where the sewer service connects to the sewer main. Upon excavating the sewer service connection within the Town ROW,ARCO identified that the existing sewer service was connected to an abandoned drain line and not the sewer main resulting in an illicit discharge. Per the EPA MS4 Stormwater Permit, all illicit discharges upon discovery shall be permanently eliminated and the disconnection documented for compliance with the permit. ARCO called to notify the Town of the illicit discharge and estimated the costs for the removal and replacement of a new sewer service to be approximately$15,000. Due to the emergency nature of the issue and to expedite the removal and proper connection to the sewer main, after discussing with Laurie Burzlaff we gave ARCO the verbal approval to continue with the sewer work and installing a new sewer service connection to the sewer main. In addition, based on the contract rates we have for our"on-call" contractors, ARCO was the lowest contract value as summarized in the attached invoice totaling $14,115.56. Our two"on-call' contractors'fees would have totaled the following. F.P.Reilly & Sons-$15,855.00 N. Granese& Sons-$17,710.00 We are requesting your approval to allow the payment of this invoice due to the emergency nature of this situation. If you require any additional information or details, please let me know. Thank you.