Loading...
HomeMy WebLinkAboutContract #: 1757 - From: 07-10-2024 To: 12-01-2025 - GVC Construction, Inc. - WTP 0232576.01 1/I Rehabilitation Contract No. 1 Issue Date: June 2024 North Andover,MA CONTRACT NO. 19ST VENDOR NO. l SECTION 00 52 10 PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT (or "Agreement") made and entered into this day of �11�� , 2024,by and between GVC Construction, Inc., a corporation duly authorized by law and having a principal place of business at 350 Leominster Shirley Road, Lunenburg, MA 01462, hereinafter called "CONTRACTOR", and the Town of North Andover, (TOWN or Owner) 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 I/I Rehabilitation Contract No. 1 ("the Project"); 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 Bid. NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: -I- The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor required for the Work for the Project, in strict accordance with the Specifications and Drawings and Contract Documents, as directed by the Owner,during the period commencing upon execution and per the Contract Times included in Section 00 54 00(Contract Supplements), 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 items listed in Section 00 54 00 constitute the Contract Documents and are incorporated herein and made a part of this CONTRACT. See also the General Conditions and Supplementary Conditions for additional contractual requirements. -3- Total CONTRACT PRICE is $573,655.00 (Base Bid at $535,435 and Alternate A at $38,220) based on unit pricing included in the Bid. This CONTRACT is expressly subject to and contingent upon an appropriation of funds. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-1 0232576.01 1/1 Rehabilitation Contract No. 1 Issue Date:June 2024 North Andover,MA -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 be reviewed and recommended for payment by the Engineer, approved by Owner and 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 been 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 performed 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 Owner and the Engineer. 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 and other coverages specified, and the TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation, all in accordance with the General and Supplementary Conditions. Before commencement of Work hereunder the CONTRACTOR agrees to furnish the TOWN and Engineer with certificate(s) of insurance or other evidence satisfactory to the TOWN. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-2 0232576.01 I/I Rehabilitation Contract No. 1 Issue Date:June 2024 North Andover,MA -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 for any obligation of the TOWN under this CONTRACT. -10- The CONTRACTOR agrees that the cost of Liquidated Damages shall be as specified in Section 00 54 00. -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- The CONTRACTOR agrees to comply with all the applicable provisions of Massachusetts General Laws including Chapter 30, Sections 39M and 39N, and Chapter 149, Sections 26 and 27, and any applicable Federal statutes, including all related sections, including amendments thereto, in performing the 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. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-3 0232576.01 I/I Rehabilitation Contract No. 1 Issue Date:June 2024 North Andover,MA -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, §2713. -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.151 B (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. -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. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-4 0232576.01 UI Rehabilitation Contract No. 1 Issue Date: June 2024 North Andover,MA -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 Performance Bond and Payment Bond each in the amount of 100% percent of the Contract Price in the forms included as attachments to this CONTRACT. The Payment Bond and Performance Bond shall both be secured by and paid for by the CONTRACTOR and shall be issued by a Surety Company satisfactory to the Owner. Any filed or non-filed Subcontractor is also required to post Bonds as required. -17- It is further agreed that the TOWN may terminate this CONTRACT with or without cause, upon seven (7) days' written notice to the other party, sent by certified mail, to the usual place of business of the other party. -18- The undersigned certifies under penalties of perjury that its Bid 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- 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 unless otherwise indicated in the General and Supplementary Conditions. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-5 0232576.01 VI Rehabilitation Contract No. 1 Issue Date:June 2024 North Andover,MA -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 CONTRACT. -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 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. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-6 tt 0232576.01 1/1 Rehabilitation Contract No.I Issue Date:June 2024 North Andover,MA IN WITNESS WHEREOF, the CONTRACTOR 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. Effective Date of this Agreement: X,/) APPROVED: GVC CONS Z,UCTI INC. S By MeAssalklurphy-Rodrigues Mr. Michae en Jr. TOWN Manager,North Andover Vice President Fed.I.D. or Social Security No. 04-3517395 APPROVED AST FORM: TOWN OF NORTH ANDOVER Christine P. O'Connor NOV TOWN Counsel Department Head =Mcnuntant Authority to Execute and required Certifications are attached hereto. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 005210-7 0232576.01 I/I Rehabilitation Contract No. 1 Issue Date:June 2024 North Andover,MA This page intentionally left blank PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER 00 52 10-8 I 1 305 Leominster Shirley Road 1MVC Lunanburg.MA 01462 Phone: 978.840.9700 I aiv 978.840.9702 Construction, . W'ehsite� www.gvcwnstruction.com CERTIFICATE OF VOTE I, Geselle S.Valenti, hereby certify that I am the duly qualified and acting Secretary of GVC Construction, Inc. and I further certify that a meeting of the Directors of said company, duly called and held on March 1,2024, at which all members were present and voting,the following vote was unanimously passed: VOTED:To authorize and empower Geselle S. Valenti- President Christopher Valenti- Vice President Michael F. Valenti Jr.-Vice President Anyone acting singly,to execute Forms of General Bid, Contracts or Bonds on behalf of the Corporation. I further certify that the above vote is still in effect and has not been changed or modified in any respect. B (Secretary M Corporation) A True Copy: Attest: (Notary Public) My Commission Expires: ht1A,41AS�"' i D „„,r,,,,,, j (Date) °4:Z-�Goci........••��` ' i Of y3 :a ' 0C, �4 ; '.yly�,`•.9RY PUBS'\�•J��' •o��rh OF MASSP�,�'•``