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HomeMy WebLinkAboutContract #: 1624 - From: 07-01-2023 To: 06-30-2024 - Coyne Chemical - WTP CONTRACT NO. VENDOR NO. 5683 CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES THIS CONTRACT made and entered into this , day of4*2023, by and between Coyne Chemical, a domestic profit corporation duly authorized by law and having a principal place of business at Coyne Environmental Div, 3015 State Road, Croydon PA, 19021, hereinafter called "VENDOR", and the and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. WHEREAS, the TOWN issued its Invitation for Bids thru the Northeast/Merrimack Valley Chemical Consortium for treatment chemicals, dated March 23, 2023, and; WHEREAS, the TOWN has accepted the VENDOR'S proposal subject to the conditions and agreements herein contained; NOW, THEREFORE, 1T IS AGREED by and between the Parties as follows: -I- The VENDOR agrees that it will provide Zinc Orthophosphate (SLI-932 OR EQUAL) as described in accordance with the Invitation for Bids, Specifications, and the Bid. The Invitation for Bid, the Specifications, the Bid, all required Certifications, all Insurance Binders, and if applicable, the Schedule of Minimum Wage Rates, are incorporated herein and made a part of this CONTRACT. The VENDOR will report to the signatory Department Head of this CONTRACT. -2- The Contract Period will commence on July 1, 2023 and terminating June 30, 2024. Any extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the sole discretion of the TOWN. -3- The contract price shall be $0.5868/gallon. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice, so long as all services provided are sufficiently detailed in the invoice, and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the VENDOR for breach of this Contract. -5- The VENDOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- The VENDOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. -7- The VENDOR shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN; all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencement of work hereunder the VENDOR agrees to furnish the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by VENDOR's insurer, the notice will be provided by the VENDOR." The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. For the purpose of the Contract, the VENDOR shall carry the following types of insurance in at least the limits specified below. Workers' Compensation—the required statutory amount Employer's Liability—$500,000 Bodily Injury & Property Damage Liability Except Automobile—$500,000 Automobile Bodily Injury & Property Damage Liability — $1,000,000 combined single limit for each accident. Excess Umbrella Liability—$5,000,000 for each occurrence -8- 2 It is further agreed by the VENDOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the VENDOR'S performance or non-performance of this Contract, then the VENDOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the VENDOR'S performance or non-performance of the CONTRACT. 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. -9- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the VENDOR is cognizant thereof. Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. -10- The VENDOR agrees to comply with all the provisions of General Laws, Chapter 30B and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein, and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. -11- The VENDOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.151, §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 VENDOR will, if applicable, comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force and as amended. -12- The VENDOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.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. The VENDOR shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. _13- The VENDOR shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the TOWN. -14- It is further agreed that the TO" may terminate this CONTRACT without cause, upon fourteen (14) days' written notice to the other party, sent by certified mail, to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause. -15- 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 any natural person, business, partnership, corporation,union, committee, club or other organization, entity, or group of individuals. -16- The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -17- This contract is only binding upon, and enforceable against the TO" if. 1) the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TONAN Counsel as to form. At any time during normal business hours, and as often as the TO" may deem it reasonably necessary, there shall be available in the office of the VENDOR 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. -18- 4 This instrument, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment. -19- 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 VENDOR shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN by being sent to the Town Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. IN WITNESS WHEREOF, the VENDOR and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. APPROVED: VENDOR: f Melissa Murphy-Rodrigues i h a ' ice President Town Manager,North Andover Fed.I.D. or Social Security No.: 23-0497800 APPROVED AS TO FORM: TOWN OF NORTH ANDOVER Christine P. O' onnor Town Counsel Department Head v Lyne avage Town Accountant Date: 5/3/2023 5 George S.Coyne Chemical Co., Inc. 3015 State Road Croydon, PA 19021-6997 Phone:215-785-3000 Fax:215-785-1585 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. Signat -...m_ Date 5/3/2023 Meridith Haskin, Vice President George S. Coyne Chemical Co., Inc. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Meridith Haskin , authorized signatory for George S. Coyne Chemical Co., 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. 5/3/2023 Signatu -' Date 6 George S.Coyne Chemical Co.,Inc. 3015 State Road Croydon,PA 19021-6997 Phone:215-785-3000 Fax:215-785-1585 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the George S. Coyne Chemical Co., Inc. held on 6/7/2021 it was VOTED, THAT Meridith Haskin Vice President (Name) (Officer) of George S.Coyne Chemical Co.,Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said George S.Coyne Chemical Co., Inc. and affix its corporate seal hereto; and such execution of any contract or obligation in the name of George S.Coyne Chemical Co., Inc. on its behalf by such officer under seal of George S. Coyne Chemical Co., Inc., shall be valid and binding upon George S.Coyne Chemical Co., Inc. Director of Sales of the above named George S. I hereby certify that I am the Coyne Chemical Co., Inc. and that Meridith Haskin is the duly elected officer as above of said George S. Coyne Chemical Co., 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. 5/3/2023 _w (Date) ,John Drzew1 i, Director of Sales 7 George S.Coyne Chemical Co.,Inc. 3015 State Road Croydon, PA 19021-6997 Phone:215-785-3000 Fax:215-785-1585 A / )-10 DATE(MM/DD/YYYY) V CERTIFICATE OF LIABILITY INSURANCE 'C 5/27/2022 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 endorsement(s). PRODUCER CONTNAME: Darla Ward/Brett Nealls The Graham Company PHONe 215-701-5433 FAX No The Graham Building (Al .Extil, 1 Penn Square West aooRlEss: Kil arriff Unit@grahamco.com Philadelphia PA 19102- INSURERS AFFORDING COVERAGE NAIC# INSURER A:AIG Speciality Insurance Co. 26883 INSURED GEORSCO-01 INSURER B:National Union Fire Ins.Co.Of Pittsburgh,PA 19445 George S. Coyne Chemical Co., Inc.3015 State Rd. IlvsuRERc:Redwood Fire 8 Casualty Insurance 11673 Croydon, PA 19021 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:296220690 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY EG14260729-04 5/31/2022 5/31/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE FTI OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑JE� FR_1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CA 4416733 5/31/2022 5/31/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLALIAB X OCCUR EGU14260730-04 5/31/2022 5/31/2023 EACH OCCURRENCE $15,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED RETENTION$ $ C WORKERS COMPENSATION GEWC323991 5/31/2022 5/31/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution Liability EG14260729-04 5/31/2022 5/31/2023 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) COMP/COLL DEDUCTIBLES:$2,000 Deductible PPT's,Light/Medium Trucks,and Trailers,Heavy/Extra Heavy Trucks,and Tractors. MCS-90 coverage applies on the above referenced Automobile Liability Policy. Town of North Andover is an additional insured on the above General Liability Policy,if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of North Andover 120 Main Street North Andover MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD oco n e Since 1868 C H E M I C A L Amendment letter Pg. 8 of 21, #17 Removal: "All Used Totes or other containers, upon request of the Consortium Member, will be removed once a reorder is shipped to the Consortium Member." The GEORGE S. COYNE CHEMICAL CO., INC. respectfully takes exception to the above statement. We will provide the names of tote/drum recycling companies upon award. George S. Coyne Chemical Co., Inc. does not remove empty totes or drums. This applies to the Phosphates only. Pg. 6 of 21, #9 Time of Payment: "The Communities/Utilities shall make payment within forty-five (45) days after delivery of any purchase made under the terms of this Contract, acceptance, and proper invoice of some is submitted and approved by the proper authority in each community." The GEORGE S. COYNE CHEMICAL CO., INC. respectfully takes exception to the above statement regarding payment within 45 days after receipt of invoice. The GEORGE S. COYNE CHEMICAL CO., INC. payment terms are net 30 days. The GEORGE S. COYNE CHEMICAL CO., INC. is bidding with the understanding that our delivery terms are 7-10 business days ARO for packaged product delivery and 10-14 business days ARO for bulk product delivery. We take exception to any other stated delivery terms expressed within the bidding documentation. GEORGE S. COYNE CHEMICAL CO., INC John V. Drze i, Director of Sales George S. Coyne Chemical Company, nc. 4. r 3015 State Road, Croydon PA 19021 PHONE 215-785-3000 FAX 215-785-1585 ORDERS orders@coynechemical.com GEORGE S. COYNE CHEMICAL CO.,INC. (A Delaware business corporation) CERTIFIED COPY OF RESOLUTIONS Charles C. Coyne hereby certifies that he is the Secretary of the George S. Coyne Chemical Co.,Inc., and that by resolution at a meeting of the Board of Directors at which all directors were present,held June 7,2021, the following individuals were unanimously elected to the offices indicated; and it is further certified that they continue to hold the said offices as of the date of this certification: Thomas H. Coyne - President and Chief Executive Officer (CEO) Charles C. Coyne - Vice President-Legal, Secretary Thomas H. Coyne, Jr- Vice President-Sales Meridith C. Haskin - Treasurer, Vice President—Finance& Operations, Assistant Secretary Ruth Campos - Assistant Treasurer The following individuals were appointed by the President to the following positions: John Drzewicki - Director of Sales &product Development Ankitaben Patel - Bid Administrator Carolyn Mair-Basiura- Bid Administrator Carynn Blumberg - Bid Administrator Patti Leffler - Bid Administrator Suzanne Tustin - Bid Administrator Mark Saimanovas - Bid Administrator And it is further certified that the following resolution providing for the blanket approval of authority of officers to enter into contracts for sale of chemicals and allied products was duly approved at the same meeting, as follows, and are still in full force and effect, without amendment, as of the date of this certification: RESOLVED, that any one of the following officers is authorized to execute all ordinary and usual contracts related to the sale of chemicals and allied products to the Corporation's customers without prior approval by the Board of Directors, andalso incidental documents in connection with such contracts; excepting that any individual contract in excess of$250,000.00 shall require the signature of the President or Vice President—Finance: President Vice President-Finance & Operations Vice President-Legal Vice President-Sales Treasurer Director of Sales&Product Development Controller Secretary Assistant Secretary Assistant Treasurer FURTHER RESOLVED, that any one of the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Director of Sales & Product Development or Bid Administrators of the Corporation is authorized to attest the Corporation's execution of any of the above documents r Dated: June 7 2021 Charles C. Coyne, Secretary