HomeMy WebLinkAboutContract #: 1742 - From: 05-17-2024 To: 08-31-2024 - Parker Fence - WTP CONTRACT NO,
VENDOR NO. 10410
PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered Into this 1®day of May,2024,by and between Parker Fence,
a domestic profit corporation duly authorized by law and having a principal place of business at
442 Main Street, Groveland, Massachusetts 01634, 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 VENDOR Is an accepted supplier by Massachusetts per State Contract TRD01 and;
WHEREAS, the TOWN has accepted the VENDOR'S proposal, subject to the conditions and
agreements herein contained®
WHEREAS,the TOWN has accepted the CONTRACTOR'S offer.
NOW,THEREFORE, IT IS AGREED by and between the Parties as follows:
The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor
required to repair the fence at the water treatment plant per quote dated April 16,2024 in strict
accordance with the Specifications, as directed by the Department Head, during the period
commencing upon execution and terminating August 31, 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.
' The Bid, State Contract TRD01, the Specifications, 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.
Total payments under this CONTRACT shall not exceed Seventeen thousand one hundred
twenty and 00/100($17,120. ).This Contract Is expressly subject to and contingent upon an
appropriation of funds.
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,
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.
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.
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 bylaw.
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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
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
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®
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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,
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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.
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.
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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.11, §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.
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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.
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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.
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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.
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-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.
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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 Mead 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.
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The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN
1 of North Andover have been paid in full.
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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.
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.
This contract is only binding upon,and enforceable against the TOWN If: )the Contract Is signed
y 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.
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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.
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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.
0
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
13v" 14
iMelissa M u r p,h y-R o d r I g u e s
TOWN Manager, North Andover Fed.I.D.or Social Security No.
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
Wff
P c
Christine P.UConnor Tiffa ur n Dep
artment
t a
TOWN Counsel Department
Kyl�:arn�
TO Ac 0untant
Date:
7
CEUIFICATIQN
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.
Signature: ,-1;'1."-11 PA,"\. ��r. ' � �, Date: i
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
signatory fors a.�
�'" �•�.��..;,,„,, ""���`" �`, �.� ,authorizedgn ry ,�:. �'�' � � �r�,f' .d
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—
8
CERTIFICATE OF VOTE
PIC t '° U � w
t a duly authorized meeting the Hoard of Directors of e held on
5h,2 1XI .. it was V07TD,THAT
(blame) (officer)
of i J5 ".�kc and hereby is authorized to execute contracts and bonds in the
name and on behalf of said i re I,,,(u Its f,c ' fj -iind affix its corporate seal hereto;and
such execution of any contract or obligation in the name of'Pu. 81 art �� � ��t^r�°�� don its
behalf by such officer under seal of P, , t,%U, hall be valid and binding upon
I hereby certify that 1 am the clerk of the above named ia"f r° and.
that is is the duly elected officer as above of said
6, 6 nd that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
mm III
(bate) (Cl rk)
9
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