HomeMy WebLinkAboutContract #: 1668 - From: 10-14-2023 To: 10-14-2024 - Granese and Sons, Inc. - DPW CONTRACT NO.
VENDOR NO. 11716
PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this 121h day of October, 2023, by and between N.
Granese and Sons, Inc., a domestic profit corporation duly authorized by law and having a
principal place of business at 59 Jefferson Avenue, Salem, Massachusetts 01970, hereinafter
called "CONTRACTOR", and the Town of North Andover, (TOWN) a municipal corporation duly
established by law and located on 120 Main Street, North Andover, MA, Essex County, in the
Commonwealth of Massachusetts.
WHEREAS, the TOWN issued its Invitation for Bids for Equipment rental and services; and
WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to
perform such services for the TOWN; and
WHEREAS, the TOWN has accepted the CONTRACTOR'S offer.
NOW, THEREFORE, IT IS AGREED by and between the Parties as follows:
-1-
The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor
required to perform public utility work in strict accordance with the Specifications, as directed by
the Department Head, during the period commencing upon execution and terminating October
14, 2024, and will perform such work in a good workmanlike manner. Time is of the essence for
this Contract. Any extensions of time must be in writing and are at the sole discretion of the
TOWN.
-2-
The Bid, the Invitation for Bid, the Bid Deposit, the Specifications, Fifty (50%) percent Payment
Bond, all required Certifications, all Insurance Binders, and the Schedule of Minimum Wage
Rates, as established by the Director of the Department of Labor Standards in the Executive Office
of Labor and Workforce Development, are incorporated herein and made a part of this
CONTRACT.
-3-
Payments under this CONTRACT shall be in accordance with the attached price proposal and
shall be made upon completion of services and receipt of invoice (net 30).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 CONTRACTOR for breach of this Contract.
-5-
The CONTRACTOR 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 work to be done under this CONTRACT, including all the necessary labor, equipment, tools,
appliances and materials in connection therewith must, in all respects, notwithstanding any
provision herein to the contrary or inconsistent therewith, meet with the approval of the said
Department Head. The CONTRACTOR states that it is qualified, and is in all relevant aspects, in
good standing.The CONTRACTOR 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-
No laborer, workman or mechanic, working within the Commonwealth, in the employ of the
CONTRACTOR, or any subcontractor authorized under this CONTRACT shall, in connection with
the work to be done under this CONTRACT, be required or requested to work more than eight
(8) hours in any one (1) calendar day, or more than forty-eight (48) hours in any one (1) week,
except in cases of extraordinary emergency, unless otherwise provided by law.
-8-
The CONTRACTOR 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 CONTRACTOR 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
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holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is
not provided by CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR." The
TOWN shall be named as an additional insured under each policy or policies, except Workers'
Compensation.
For the purpose of the Contract, the CONTRACTOR 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—$2,000,OOOfor each occurrence
-9-
It is further agreed by the CONTRACTOR 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
CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR,
without reservation, shall indemnify and hold harmless the TOWN against any and all claims
arising out of the CONTRACTOR'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.
-10-
The CONTRACTOR agrees that the cost of Liquidated Damages shall be a fixed amount of FIVE
HUNDRED and 00/100 DOLLARS ($500.00) for each consecutive calendar day the CONTRACTOR
is in default of the Time for Completion condition for this contract.
-11-
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 CONTRACTOR 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.
-12-
3
The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30, Sections
39M and 39N, and Chapter 149, Sections 26 and 27, 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. The said CONTRACTOR agrees to
pay the Wage Scale, as established by the Director of the Department of Labor Standards in the
Executive Office of Labor and Workforce Development, a copy of which was provided with the
Invitation for Bids and the CONTRACTOR further agrees that, in the event that there are to be
employees of classifications other than those specifically stated herein engaged in the work to
be performed under this CONTRACT, to submit a list of the additional classifications of those to
be employed to the said Facilities Director, and the said CONTRACTOR agrees that it will pay the
Schedule of Wages, as determined by the said Director of the Department of Labor Standards in
the Executive Office of Labor and Workforce Development, under the provisions of General Laws,
Chapter 149, Section 27, and the amendments thereto.
-13-
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 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 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 c.149, §§26 to 27D (Prevailing Wage Law), as
shall be in force and as amended. The CONTRACTOR will, in addition to any other submissions
required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the
information described in General Laws c.149, §27B.
-14-
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 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 CONTRACTOR 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.
4
-15-
The CONTRACTOR shall give its personal attention constantly to the faithful performance of the
work and 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.
Any subcontract entered into by the CONTRACTOR for the purposes of fulfilling the obligations
under this Contract must be in writing, authorized in advance by the TOWN and shall be
consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or
discharge the CONTRACTOR from any duty, obligation, responsibility or liability arising under this
Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any
provisions contained in a subcontract to which it is not a party.
-16-
This Contract shall not be in force until the CONTRACTOR has executed and delivered to the
TOWN and until the TOWN has accepted a Payment Bond in the amount of fifty (50%) percent of
the contract price. The Payment Bond shall be secured by and paid for by the CONTRACTOR and
shall be issued by a Surety Company satisfactory to the Town.Any filed or non-filed subcontractor
is also required post a payment bond based on fifty (50%) percent of their filed or non-filed sub-
bid.
This Contract shall not be in force until the CONTRACTOR has executed and delivered to the
TOWN and until the TOWN has accepted a Bid Deposit in the amount of five (5%) percent of the
contract price. The Bid Deposit shall be secured by and paid for by the CONTRACTOR by a method
satisfactory to the Town.
-17-
It is further agreed that the TOWN 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.
-18-
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.
-19-
5
It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance
Record Form must be completed on this contract by the Department Head or his designee who
is supervising this contract, and such Contract Performance Record Form must be submitted to
the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment
under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record
Form shall be furnished to the CONTRACTOR.
-20-
The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN
of North Andover have been paid in full.
-21-
All fees for permits or licenses required for this project by the TOWN shall be waived; all others
shall be an expense of the CONTRACTOR.
-22-
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 by the TOWN Accountant.The TOWN may immediately terminate or suspend
this CONTRACT without liability on the part of the TOWN for damages, penalties or other charges
in the event the appropriation funding this CONTRACT is terminated or reduced to an amount
which will be insufficient to support anticipated future obligations under this CONTRACT.
-23-
This contract is only binding upon, and enforceable against the TOWN if: 1)the Contract is signed
by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to
form.
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.
-24-
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.Any Amendments to this Contract must be made in writing
6
and executed by all signatories to the original Contract, prior to the effective date of the
amendment.
-25-
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.
IN WITNESS WHEREOF,the CONTRACTORS 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.
APPRO ED CONTRACTORS
Melissa Murphy-Rodrigues SkveAA-C''a-jai-�
TOWN Manager, North Andover Fed.I.D. or Social Security No.
Cam►-?_s G
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
1W t§VZX U V
Christine P. O'Connor
TOWN Counsel Department Head
Lyne S ge
TOWN Accountant
Date:
7
N. GRANESE & SONS,INC.
59 Jefferson Ave.
Water Main Cleaning&Lining Salem,MA 01970
Utility Work (781)592-8121
Drain Layers Fax(781)631-8466
Info@ngranese.com
CLERK'S CERTIFICATE
At a duly authorized meeting of the Board of Directors of N. Granese & Sons,Inc. held on JanuM 33,
2023 at which all voted that Steven A. Granese,President of this Company, be and he hereby is authorized
to execute contracts and bonds and bids in the name and behalf of said company and affix its Corporate Seal
thereto, and such execution of any contract or obligation in this Company's name on its behalf by such
Steven A. Granese under seal of the Company, shall be valid and binding upon this Company:
A true copy,',
ATTEST:
Place of Business: 59 Jefferson Ave.
Salem, MA 01970
Dated: a.-foJy j Zf 1o7.3
I hereby certify that I am the Clerk of N. Granese & Sons, Inc. that Steven A. Granese is the duly elected
President of said Company, and that the above vote has not been amended or rescinded and remains in full
force and effect as of the date of this contract.
Cl k' ignature
Corporate Seal
APPENDIX A - PRICE PROPOSAL
The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate
price for the total of all three years of the proposed contract. All prices are to remain firm for the
period of the Contract.
In the event of a discrepancy between the unit price and the extended total price of the item, the
unit price will govern.
October 15,2023 through October 14, 2024
Item Description Quantily Unit Price Total Price
1 a Laborer(standard rate) 300 hours $ X,oo /hr $ 63, _
Ib Laborer(premium rate) 200 hours $ ZO ` /hr $ O
2a Bobcat with operator included (standard rate) 300 hours $ dQ0 - /hr $
2b Bobcat with operator included(premium rate) 200 hours $ 01y5 _ /hr $ _
3a Bulldozer(133,D4 or equivalent) with operator 300 hours $ dO _ /hr $ M 0O®"
included (standard rate)
3b Bulldozer(133, D4 or equivalent) with operator 200 hours $ D9y.5" /hr $
included (premium rate)
4a Track Excavator (Cat 311 or equivalent) with 300 hours $9"—/hr $ 7
WO
operator included (standard rate) —
4b Track Excavator (Cat 311 or equivalent) with 200 hours $ 4" /hr $,Sb,a®®
operator included (premium rate)
5a Track Excavator (Cat 315 or equivalent) with 300 hours $ /hr $
operator included (standard rate)
5b Track Excavator (Cat 315 or equivalent) with 200 hours $ /hr $ A'CU'_
operator included (premium rate)
Town of North Andover IFB Page 8 of 26
Equipment Rental&Services
Plate Compactor for trench work equipment
6a 300 hours $ /hr $ 300
only(standard rate)
Plate Compactor for trench work equipment
6b only(premium rate) 200 hours $ /hr $
7a Excavator(Cat 225 or equivalent with operator 300 hours $ a30 " /hr $
included)(standard rate)
7b Excavator(Cat 225 or equivalent with operator 200 hours $ ��/ " /hr
included) (premium rate)
8a Dump Truck (10 wheel dump, 16 yards) with 300 hours $ /hr $JZ,000—
driver included) (standard rate)
8b Dump Truck (10 wheel dump, 16 yards) with 200 hours $ �» /hr $
driver included) (premium rate)
9a Front End Loader (under 4 CY) with operator 300 hours $ /hr
included(standard rate) --
9b Front End Loader (under 4 CY) with operator 200 hours $ /hr $
included(premium rate)
l0a Front End Loader (4 CY or larger) with 300 hours $ ® r /hr $
operator included (standard rate)
1 Ob Front End Loader (4 CY or larger) with 200 hours $ 01O 1 " /hr $ S '_
operator included (premium rate)
TOTAL $ �5,5CO-11
Town of North Andover IFB Page 9 of26
Equipment Rental&Services
PAYMENTBOND
Bond No. 1001192983
KNOW ALL MEN BY THESE PRESENTS, that we N.Granese&Sons,Inc.,
with a place of business at 59 Jefferson Ave,Salem,MA 01970 .........
as Principal(the"Principal"),and United States Surety Company a corporation
qualified to do business in the Commonwealth of Massachusetts, with a place of business at
225 Schilling Circle,Suite 265,Hunt Valley,MD 21031 as Surety
(the"Surety"),are held and f wf bound to the Town of North Andover,Massachusetts as Obligee(the
Five undred Thi ®seven Thousand Seven Hundred
"Obligee'l, in the sum of Fifty&00/100ths"RoIlars($537,750.001
1_lawful money of the
United States of America,to be paid to the Obligee,for which payment,well and truly to be made,we bind
ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has assumed and made a contract with the Obligee, bearing the date of
October 12,2023 for e cons ction
of Equipment Rental&Services
thtru
NOW,TI-IE CONDITIONS of this obligation are such that if the Priricipal and all subcontractors under said
contract shall pay for all labor performed or fin-nished and for all materials used or employed in said contract
and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to
said contract that may hereafter be made,notice to the Surety of such modifications,alterations,extensions
of time,changes or additions being hereby waived,the foregoing to include,but not be limited to,any other
purposes or items set out in, and to be subject to,the provisions of Massachusetts General Laws,Chapter
30,Section 39M,and Chapter 149,Section 29,as amended then this obligation shall become null and void;
otherwise, it shall remain in full force and virtue.
IN-WtMSS WHERE FORE, the Principal and Surety have hereto set their hands and seats this
19th day of October,2023
-rRINCIPAL;� SURETY
N.Granese&Sons,Inc. United St4, -4 Surety Cornpan .........
y ..
[Name and Seal] L-fAff6iiey-to-fact] [Sea.,F -Oscar B.Johnson
225 Schilling Circle,Suite 265
[Title) [Address]
Attest: -------- [Phone]
Attest.
ag 25
To—wn—of No" of 26 e P
rth—Andover IF -——--------
Equipment Rental&Services
TOKIO MART NE
-- , -
POWER POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company,a California corporation, Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation
and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute
and appoint:
Oscar B. Johnson, Newton S. Johnson
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
providing the bond penalty does not exceed *****UNLIMITED***** Dollars
(** UNLIMITED*****). This Power of Attorney shall expire without further action on January 3151, 2024. This Power of Attorney is
granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any
and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, induding any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents
canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-in-Fact shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any
certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
23rtl day of September,2021.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
+p*cioRe �Ho w Eg 3URF a
State of California
County of Los Angeles s iv ,� By:
Darnel P.Aguilar,Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached,and not the truthfulness,accuracy,or validity of that document
On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice
President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty
Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person,or the entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D.L!'r:LfFlZf,0
WITNESS my hand and offs ' I seal. Notary Public-Cdlfforrrk
Lw Angeles County
Commtsf ion 0 2320307
My Signature (seal) a Cm+n•Wires Jan 31,2024
1, Kio Lo, Assistant Secretary op American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
19th day of October 2023
Corporate Seals `o+ancroga'tio" ^,OONOtN�c' r�EggURF�t
Bond No. 1001192963
w aCAQ Ar
Agency No. 14312-PDF POA Kio Lo, Assi&WA Secretary
HCCSMANPOA0912021
visit tmhcc.comisurzty fcr more information