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HomeMy WebLinkAboutContract #: 1666 - From: 10-14-2023 To: 10-14-2024 - Arco Excavators - DPW CONTRACT N0. VENDOR NO. 597 PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 1111 day of October, 2023, by and between Arco Excavators, Inc., a domestic profit corporation duly authorized by law and having a principal place of business at 7 Prevere Road, Raymond, New Hampshire 03077, 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 2 (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 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—$2,000,000 for 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. 3 -12- 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 4 because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. -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. 5 -19- 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 6 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. -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. APPROVED: CONTRACTORS M p Melissa Murphy-Rodrigues TOWN Manager, North Andover Fed.I.D. or Social Security No. 10a-6,560,050 APPROVED AS TO FORM: TOWN OF NORTH ANDOVER C 41 ' C- Christine P. O'Connor TOWN Counsel Department Head Lyne Sa age TOWN Accountant Date: �� t\,Z O ZZ 7 APPENDIX A - PRICE PROPOSAL J he Contract \t ill be awarded to the responsible, responsive bidder ot'terinw the lowest ag4gregate price (6r the total of all three years ofthe proposed contract. All prices are to remain Firm tier tine period ol'the Contract. 1n til cetnt ot`a disc.repanc% hem cen the unit price and thy; emended total price of'the; itch,, the unlit price will go%ent. ®ctobci- 15, 2023 through 0 tober 1 3 2024 [ten] lac cxiptirlt L)nit Price j 'Total Price } I I la ' Laborer(s 3tandard rate) 00 hours 13000 hr j e 39,000.00 f f 1h L ab orer(premium raft) 2E)(3 11oLIrw S 150.00 111 30,000.00 1 r � ' I -a I Bobcat with operator included (standard rate) 300 11OUrs � $110.00 /hr � � 33.000.00 i I i `1) Bobcat with operator included (pre�7�liun1 rate) 2(74)hours � S110,00 hr ` �22,000 00 � T3utldozc (I:)3, [.)}or eeluiv,llerlt) it11 operator 300 Hour; 4;110,00 ;hr S 33,000.00 included (standard ratc�) .. I 311 I };t�(Edo�er(l.)3. I) orei uiealtnt} %kith operator 2{}(} hours S 110.00 :hr 22,000.00 included (prenliut�l rate) _.__......_ .. ........... I Track Fnuavator (Cat 31 1 or equkalent) with 175.00 � 52,500.00 � �a WO hours -11r E I operator included (standard rate) _____ _ __ _.__. ... E I Track T.xeavator (Cat 31 1 or equivalent) with 4h NO hours $195 00 `h1 S 39,000 00 operator included (prernuUln rate) _.._ __...... . _.. Tack Excavator (Cat 315 or e(luivale€1t) ith a 100 hours 5 175.00 11r 52,500.00 , ; � I operator included (standard rate) ..... __.. Track T:tc;avator (Cat 315 or equivalent} with 195.00 39,000.00 b '00 1lottrs Air i s operator included(premium rate) ----- 1 I I(mn r1 ",ortli Andm cr IFt3 Pa'uc 4 of'26 I 'luihmtrt RMIUd &' Ser%iL'C's 6a Nate Compactor f'Or trench work equipment 100 hours 0.00 /l,r MO only (standard rate) Plate Compactor fior trench work equipment 0.00 $0.00 6b 200 hOUr., /hr -wemium rate)onix (I ------- Lxcavator(Cat 225 Or CC]UiValeut with operator -7 at)() hours 175.00 52500 00 included) (standard rate) Lxcavalor(Cat 225 or equivalent xvith operator 7 $195,0 h 0 hours 0 /hr 39,000M Included) (premium rate) -0 D11111P I I-Lick 10 ClUfnp, 16 yards) ��ith )00 hours �hr 42,000,00 140M driVCr included) (standard rate) Dump Truck (10 i\lice] clump. 16 yards) with 81) 160M $32,000.00 00 hours dir driver include(]) (premium rate) front lend L,oadcr (under 4 CY) ith operator 9a 300 hours $ 110,00 /hr 33,000.00 riclUded (standard rate) 0 l-ront Lnd Loader (Linder 4 CY) %tiilh oiler afor 200 hOUrS 1 110'0() /hr 22,000M 1'ront Frid L.oader (4 CY or larl-ler) with 102 _)OO hours 110.00 j1hr S 3132,000,00 operator included (standard rate) lar(Yer) with WI, From ['nd Loader (4 CY or 200 hours 11 MO /hr $22,000.00 operator included (premiLlin rate) ------- 'TOTAL E$��7%637500-00 I omi o,'North.,%ndm cr IF13 Pa-c 1)of'26 ARCOEXC-01 KMCCUEAN ,4CORO CERTIFICATE OF LIABILITY INSURANCE DATE 10/18/202 YY) 10/18/2023 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 - CONAME:NTACT World Insurance Associates,LLC PHONE FAX 50 Prospect St (A/C,No,Ext):(781)642-9000 (A/C,No): Waltham,MA 02453 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Union Insurance Company 25844 INSURED INSURER B:Acadia Insurance Company 31325 Arco Excavators,Inc. INSURER C: 7 Prevere Road INSURER D Raymond,NH 03077 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LT INSD WVD MM/DD/YYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X CPA5350326 6/1/2023 6/1/2024 DAMAGE S GE TO RENT ence $ 300,000 PREMMED EXP(Any oneperson) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY❑ PRO- JECT FLOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO CAA5350327 6/1/2023 6/1/2024 BODILY INJURY Per erson $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident S X HIRED EX NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAR OCCUR EACH OCCURRENCE .$ 2,000,000 EXCESS LIAB CLAIMS-MADE CUA5350328 6/1/2023 6/1/2024 AGGREGATE $ 2,000,000 DED RETENTIONS $ B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY TAT TE ER YIN WCA5350329 6/1/2023 6/1/2024 500,000 ANY PROPRIETORIPlEXECUTIVE � N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater CPAS350326 6/1/2023 6/1/2024 Rented 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) re:Contract Equipment Rental and Services Town of North Andover is an additional insured regarding the General Liability where required by written contract or agreement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 120 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover,MA AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATIONS CERTIFICATE OF NON-COLLU�SION The undersigned certifies under penalties Of perjury that this bid or proposal has been made and submitted in good faith and Wit[IOUt collusion or firmed vNith anN other person. As used in this certification, the Nord "person" shall mean natural person., business, partnership, corporation. committee, union, club or other organization. entity, or group ol'individuals. Signature Date William T Sawyer, President Arco Excavators, Inc. Print Name &, Tifle Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General I,aws. Section 49A (b). I William T. Sawyer authorized signatory fur Arco Excavators, Inc. jnt1jj°j4jjj(j1 'cone qfcontructor do licrebN: certify under the pains and penalties of`perjury that said contractor has complied-with all lees ol'the ('ommonwealth of' Massachusetts. and the Tmvn of North Andover, relating to taxes, permit or other Cees, reporting of employees and contractors.and withholding and remitting child support. Signature Date I'm%n o I'N o rt h A n do%e r 1 FB Pale 22 ol'26 1'qU'1p111e11L Relit,11& CERTIFICATION LABOR HARMONY AND OSHA TRAINING REQUIREMENTS 'I'hC Undersi-ned certillieS Under- penalties Of perjury that he is able to furnish labor that can work in harmony %%ithall otliereleiiients(it'laboi-eiiiployed or to be employe at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA- approved construction sarety and health COL11-SC lasting at least ten (10) hours. Signature Date William T Sawyer, President Arco Excavators, Inc. Print Name & Title Company Name kmn of'North AnJoker I F11 Piqre 23 ol'26 I quipment Rental &' tier~ices CERTIFICATE OF VOTE At a duly authorized meeting the Board ol'Directors of Arco Excavators, Inc. held on January 24, 2022 it was V011IXTHAT. William T. Sawyer President (Name) (Officer) or Arco Excavators,-Inc. be and herebN is authorized to execute contracts and bonds in the name and on behall'ofsaid Arco Excavators, Inc. and affix its corporate seal hereto, and such CXCCUtiOn ol'any contract or obligation in the name of' Arco Excavators, Inc. C on its behalfby Such officer under seal of Arco Excavators, Inc. shall be valid and bindin(V upon Arco Excavators, Inc. I hereby ccrtirN 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 bill lorce and effect as the (late ofthis contract. (Date) (Clerk) I omi ol'North Andmer I VB Pa ue 24 ot'26 I"quipmem Renull & Ser%ices