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HomeMy WebLinkAboutContract #: 1717 - From: 03-26-2024 To: 05-31-2024 - Larochelle Construction, Inc. - Town Manager BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 22 day of March,2024,by and between Larochefle Construction, Inc., a domestic profit corporation duly authorized by law and having a principal place of business at 23 College Street, Suite 8, South Hadley, Massachusetts 01075, hereinafter called"CONTRAC"rOR",and the TOWN of North Andover,C'f'OWM)a municipal corporation duly established by law and located in Essex County and Commonwealth of Massachusetts. WHEREAS,the TOWN issued its Invitation for Bids for roof replacement at The Stevens Estate; and WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform. such services for the TOWN,when requested by the division director or his designee; and WHEREAS,the TOWN has accepted the CONTRACTOR'S offer. NOW,THEREF ORE,IT IS AGREED by and between the Par,ties as follows: -I- The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor required to replace the roof at the stable at the Stevens Estate in strict accordance with the Specifications and Invitation for Bids, as directed by the Division Director, during the period commencing upon execution and terminating May 31,2024,and will perforru 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 Invitation for Bid, the Specifications, the Bid, 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- Total payments under this CONTRACT shall not exceed Sixty-seven thousand and 00/100 ($67,000)Dollars.This Contract is expressly subject to and contingent upon an appropriation of funds. 4- 'Me TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so to 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,relinquislunent,release,or abandonment of any claim which the TOWN may have against the CON1 I RACJ'OR 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 purchme order or purchase orders duly issued and approved. _6- The TOWN,in consideration of the above CON]"RACTs on the part of the CONTRACTOR to be perfornied,agrees to pay to the CON"I"RACTOR the price set forth in Paragraph No.3 for all work performed and the necessary equipment,tools,appliances and materials furnished hereunder. 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, relinquishinent; release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract. -7- The work to be done under this CON'MACT,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 TOWN. 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. No laborer, workman or mechanic, working within the Commonwealdi, in the employ of the CONTRACTOR, or any subcontractor authorized under this CONTRA CT shall, in connection, with the or to be done under this CONTRACT, be required or requested to or 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. -9- 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 "MRA" or "ACC)RD" Certificate of Insunince 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 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—$5,000,000 for each occurrence -10- 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. -11- 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. -12- 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. -13- 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 perforniing 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 is attached hereto and marked"D"'and the CONTRACTOR further agrees that,in the event that there are to be employees of classifications other fl=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 saidTOWN,and the said CONTRACTOR agrees that it will pay the Schedule of Wages,as detennined 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. ®1 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 I,aw) and any executive orders, rules, regulations, and requirements of the Comnionwealth 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 Conunissioner of the Department of Labor and Industries, under the provisions of General Laws c.149, §§26 to 27D (Prcvai ling 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 649, §27B. -15- 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 cl5lB (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 ors any qualified employee be dernoted, 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 1aw. -16- The CONTRACTOR shall give its personal attention constantly to the faitliftil 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 fiffilling 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. -17- 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. -18- It is further agreed that the TOWN may terminate this CONTR .CT 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. To the full extent pennitted by law,no official,employee,agent, or representative of the TOWN shall be individually,or personally liable on any obligation of the TOWN under this contract. -19- The undersigned certifles 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 or "person"shall mean any natural.person,,business,partnership,corporation, union, committee,club or other organization,entity, or group of individuals. -20- 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 TO'WN Manager, TOWN Auditor, 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. -21- The CONTRACTOR certifies that any and all taxes and nuinicipal fees due and owing to the TOWN of North Andover have been paid in full. -22- All fees for pennits or licenses required for this project by the TO",or any other agency, all be an expense of the CONTRACTOR and shall not be waived. -23- Not withstanding 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 TO", 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. -24- 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. -25- 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 and executed by all signatories to the original Contract,prior to the effective date of the amendment. -26- 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 TO"of North Andover by being sent to the TOWN Manager, TOWN Hall, 120 Main Street,North Andover,Massachusetts 0 1845. 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: CONTRACT RS By MelissaMurphy-Rodrigues TOWN Manager,North Andover Fed.I.D. or Social Security No. 37-1616166 APPROVED AS TO FORM: TOWN OF NO ANDOVER Christine P. O'Connor TOWN Counsel Department Head Ky W� e TOWN accountant Date: