HomeMy WebLinkAboutContract #: 1799 - From: 10-01-2024 To: 09-30-2025 - Boston Mechanical Services, LLC - DPW CONTRACT NO.
VENDOR NO.
BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this 17th day of September, 2024, by and between
Boston Mechanical Services, LLC,a domestic profit corporation duly authorized by law and having
a principal place of business at 68 Barnum Road, Devens, Massachusetts 01434 hereinafter called
"CONTRACTOR", and the TOWN of North Andover, ("TOWN") a municipal corporation duly
established by law and located at 120 Main Street, North Andover, in Essex County,
Commonwealth of Massachusetts.
WHEREAS,the TOWN issued its Invitation for Bids for HVAC repairs and maintenance; 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 Department Head or his designee;
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 repair and maintain HVAC equipment in Town buildings and schools in the TOWN, in
strict accordance with the Specifications, as directed by the Department Head, during the period
commencing upon execution and terminating September 30, 2025, 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 Invitation for Bid,the Specifications,the Bid, Bid Deposit, Payment Bond, Performance 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 not exceed hourly rates contained I the attached Appendix
A Price Proposal. 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 TOWN, in consideration of the above CONTRACTs on the part of the CONTRACTOR to be
performed, agrees to pay to the CONTRACTOR 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, relinquishment, 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 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
contracting 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.
-8
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.
-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 "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
-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 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 is attached hereto and
marked "D" 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 Department Head involved in this project, 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.
-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, §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.
-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 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.
-16-
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.
-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 Bid Deposit of Five (5%) Percent of the value of the
total bid or sub-bid;Payment Bond in the amount of One Hundred (100%)percent of the contract
price; Performance Bond in the amount of One Hundred (100%) percent of the contract price.
The Payment Bond and Performance Bond shall be secured by and paid for by the CONTRACTOR
and shall be issued by a Surety Company satisfactory to the Department Head overseeing the
CONTRACT.
-18-
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.
-19-
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.
-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 TOWN Manager, TOWN Auditor, and Purchasing Agent prior to release of final payment
under this contract. If requested bythe 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 municipal fees due and owing to the TOWN
of North Andover have been paid in full.
-22-
All fees for permits or licenses required for this project by the TOWN shall be waived, however,
fees for all other permits or licenses required for this project shall be an expense of the
CONTRACTOR.
-23-
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.
-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 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 ro�',•��`� �����,;gip
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Melissa Murphy-Rodrigues ��vcn ►� `� — c�virc;���MPANA,•' +.•''
Town Manager, North Andover Fed.I.D. or Social Security No. ''* *,�j1:I,��a.+•''
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APPROVED AS TO FORM: TOWN OF NO,JfH ANDOVER
Christine P. O'Connor Stev- ster
Town Counsel Faci ti s Director
Kyl am
Town Acc untant
Date:
APPENDIX A - PRICE PROPOSAL
The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate
price for the first year of the proposed contract. All prices are to remain firm for the duration of
the Contract. Regular Business hours are Monday-Friday lam-3:30pm.Non-business hours are
Monday-Friday 3:30pm-7:00arn,all day Saturday, Sunday and all holidays.
Year I -October 1,2024 throueh Seatember 30,2025
Licensed HVAC Technician
Regular business hours 500 hours @ $ 159 00 /hr $ 79,500.00
Non business hours 100 hours @$ 225.00 /hr $ 22,500.00
HVAC Maintenance Technician
Regular business hours 150 hours @,$`_15 /hr $ 23,100.00
HVAC Controls Technician
Onsite rate 50 hours @$ 175.0 /hr $
Remote Login rate 50 hours @$ 175. /hr $ &750.00
Materials&Supplies $50,000 mark-up °/® $ 52,500,00
YEAR 1 TOTAL $ 195,100.00
Town of North Andover IFB Page 16 of 32
HVAC Maintenance Services
Certificate oLAuthorization
(NOTE:A certified vote of the corporation may be substituted for this form.)
The Vendor, is: (CHECK ONE)
(Name of Company/Consultant/Corporation)
A. a corporation formed and existing under the laws of the state of
.........1-.,.-..--,and pursuant to the corporate by-laws,
(In—s`eTiN—ameand"Title-o—f—Authorized Representative)—_......—
is authorized to execute contracts in the name of said corporation, Such execution of any
contract or obligation in this corporation's name on its behalf by such duly authorized
individual shall be valid and binding upon the corporation.
X & a limited liability company or a partnership formed and existing under the
laws of the state of Massachusetts.__.,and pursuant to the limited liability company
agreement or partnership agreement,
(Insert Name and Title of Authorized Representative)
is authorized to execute contracts in the name of said company or partnership. Such
execution of any contract or obligation in this company or partnership's name on its
behalf by such duly authorized individual shall be valid and binding upon the company or
partnership.
C. is a sole proprietorship owned an operated exclusively by the undersigned.
............
(Insert Name and Title of Authorized Representative)
Execution of any contract or obligation in this sole proprietorship's name by such duly
autlioriz,joj,individual shall be valid and
0,1141 for%
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-o" 2024 :0
(Must be signed by Corporate Officer,Partner,or Sole
Massachusefts f-'r*
Proprietor)
WOO Steven P.Kenney
Print—Narrieof Above
Title
e tp ber 9 2024
.p m -.........
Date
To of North Andover 1FB Page 29 of 32
HVAC Maintenance Services
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
f
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 natural person, business, partnership, corporation,
committee, union,club or other organization,entity, or group of individuals.
Signat e Date 3&pkjnbSX.2,2,Q24
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_S11�veP.��_Mwagtr_---�-_- 10 1 Boston Mechanical Services.LLC
Print Name&Title 0 2WL4 :&.Company Name
tc�..massachuset%.,
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
_..Steve- .Vienne Mechanical Se ices LLC ry
authorized signatory for Boston
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 To of North Andover, relating to
taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting
child support.
—Smote m b er 9g 202
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Signature 2024 Date
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To of North Andover IF B Page 27 of 32
HVAC Maintenance Services
CERTIFICATION
LABOR HARMONY AND OSHA TRAINING REQUIREMENTS
The undersigned certifies under penalties of per that he is able to furnish labor that can work
in harmony with all other elements of labor employed or to be employed at the work
and
that all employees to be employed at the worksite and in the work will have completed an OSHA-
approved construction safety and health course lasting at least ten(10)hours.
Signature ate_... Lg292A_
NAN
S B ston Mechanical Services LLC
Steven P. Kenney Managae,'�',
Print Name&Title Company Name
01. 2024 "M O z
0 1. Maawhuseft,, C
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Town of North Andover 1FB Page 28 of 32
HVAC Maintenance Services