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HomeMy WebLinkAboutContract #: 1819 - From: 02-04-2025 To: 02-04-2026 - United Construction and Forestry - DPW CONTRACT NO. VENDOR NO. 24498 STATE SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER R t var`7 THIS CONTRACT made and entered into this L3day of . 2025, by and between United Construction & Forestry, a domestic profit corporation duly authorized by law and having a principal place of business at 4 Sterling Rd, Billerica Massachusetts 01862, hereinafter called "CONTRACTOR", and the and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. WHEREAS,the TOWN selected the CONTRACTOR from Massachusetts State Contract no. FAC- 116 WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform the services requested by the TOWN;and WHEREAS, the TOWN has accepted the CONTRACTOR'S proposal subject to the conditions and agreements herein contained; NOW,THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The CONTRACTOR agrees that it will provide repair services as described in the attached Service Quote dated 1/28/2025 (see Attachment 1). The Project Scope, Commonwealth's Invitation for Bids,Specifications,Bid,required Certifications,Insurance Binders,and the Schedule of Minimum Wage Rates, are all incorporated herein and made a part of this CONTRACT. The CONTRACTOR will report to the signatory Department Head of this CONTRACT. -2- The Contract Period will commence on February 4. 2025 and terminating February 4, 2026. Any extensions of time must be by written NOTICE per paragraph 21 from the TOWN,and are at the sole discretion of the TOWN. Total payments under this CONTRACT shall not exceed S36,581.75 DOLLAR5. 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. 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 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. - - 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 hereunderthe 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. 2 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 -8- 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. -9- 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. -10- The CONTRACTOR agrees to comply with all the provisions of General Laws,Chapter 30B and ail 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. -11- 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,if applicable, comply with the wage rates as determined by the Commissioner of the Department of Labor and 3 Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force and as amended. The CONTRACTOR will, if applicable, submit certified weekly payrolls to the TOWN in accordance with MGL c.151, §1, et seq.The wage rate schedule attached to the bid or solicitation shall be made a part of this contract, and shall continue to be the minimum rate or rates of wages during the life of the contract as updated yearly unless adjusted by the Commonwealth. The CONTRACTOR shall cause a copy of said schedule to be kept posted in a conspicuous place during the life of the contract. -12- 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. -13- 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. -14- 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. -15- 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. 4 -16- 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 underthis contract.If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -17- 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. -18- All fees for TOWN permits or licenses required for these services shall be waived, but any additional fees for licenses and permits shall be the responsibility of the CONTRACTOR. -19- 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. -20- This instrument, 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. -21- 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 5 sent to the address set forth In the Contract and to the TOWN by being sent to the Town Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. 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 By Melissa Murphy-Rodrigues Town Manager,North Andover Fed.I.D,or Social Security No. ,$7 • 135 %a-a-? APPROVED AS TO FORM: TOWN OF NORTH ANDOVER CJ6 Christine P.O'Connor Town Counsel Department Head X" /, m K War e Town A countant t -- 6 r i s CERTIFICATIONS 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: Date: 2. ` r3\ Z0-4,5 �y�� ��L��C rc..� LJ�►�J ,_cs�►S y c Srtc�.• a►. Print Name&Title yhan4ge Company Name TV—cc Ig CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I w J _,authorized signatory for JnJt� (_�.s�!Y✓G�tu•-. Name of individual Name of contractor Vices 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. z� 17s` Zo Z.5 Signature Date UNANIMOUS WRITTEN CONSENT OF THE MANAGERS OF UNITED CONSTRUCTION &FORESTRY, LLC A Maine Limited Liability Corporation The undersigned, being all of the Managers of United Construction & Forestry, LLC. a Maine limited liability company (the "Company-), do hereby unanimously consent to and adopt the following as the actions: WHEREAS,the Managers desire to authorize officers to submit bids and execute contracts and bonds in the name and behalf of the Company, NOW, THEREFORE. BE IT RESOLVED:that Kirk Fernandez,Jeremy Johnson, Michael DcMartin, Mark Kuhn,and Eric Driscoll are authorized to submit bids and execute contracts and bonds in the name and on behalf of the Company. RESOLVED, that an executed copy of this Written Consent shall be inserted into the Minute Book of the Corporation. IN WITNESS WHEREOF, the undersigned has executed this Written Consent, effective as of 6-1-2023. Kirk eernan ez Ae4y Jo son ATTACHMENT 1 United Construction&Forestry UNITED 4 Sterling Road Billerica, MA 01862 Phone:(978)667-4345 Construction &Forestry JaHN DEED Fax:(978)667-4810 1nfoQucfne.corn www.unitedequip.com '"•PROFORKA INVOICE Invoice To Account No: 623M Deliver To: I Quote Expires:0211W025 1 SERVICE QUOTATION TOWN OF N ANDOVER DPW TOWN OF N ANDOVER DPW Invoice Number. PW DIREC BRUCE THISODEAU HIGHWAY GARAGE Invoice Date 01128P1025 HIGHWAY GARAGE NORTH ANDOVER MA 01845 Location: 74 384 OSGOOD ST NORTH ANDOVER MA 01645 Work Order Number. 1573684 Payment Type: Account Bus Phone: (978)688.0950 Bus Phone: (978)6"50 Pry Phone: Pry Phone: Page: 1 of 3 MakeAUodel: Meter Serial Number. EQ Id: Float No: JOHN DEERE 824K 7209 1DW624KZKDESS5721 SCE011217 /Frame Repair Retail COMPLAINT- Center Pins,Shims and Busings(+Line Boring)-Best Case Scenario(Estimated FAC,1 16 Rate of S150-00) CAUSE: Customer Request CORRECTION: Attn:Mark Hardy This Estimate Includes: 'Separating the machine halves at the center joint. 'Removing the worn bearings 'MacWing and Line Boring the mating surfaces 'Reptacitlg the center pins and busings 'Shim to John Deere Specifications 'Reassembling the unit 'Test Unit Operatlon 'Due to the Age and Condition of the machine,it will be difficult to know what components will come apart without damage.In our Experience,most of the hoses that connect through the center of the machine will show wear and would need to be quoted for replacement. Pa I boscG>stlon Quantity Net Price E1deadt9Prim Tan&Jnd AT143577 Bumper 2.00 S222AI $444.82 N A7203483 BEARING 2.00 $263.27 $526.64 N AT206751 PIN 1.00 $324.94 $324.84 N T130057 Shim 4.00 $16.03 $64.12 N T130058 SHIM 6.00 S13.52 $81.12 N T130059 SHIM 6.00 $10.82 $64.92 N T157029 SEAL 2.00 $32.79 $65.58 N T157030 SPACER 2.00 $65.50 $131.00 N T192255 BUSHING 2.00 $98.84 $197.68 N T200888 COVER 2.00 $512.88 $1,025.76 N T225515 Bushing 2.00 $71.20 $142.40 N T225518 Bushing 2.00 $85.76 $171.50 N T225W4 Seal 4.00 $23.16 $92.64 N CONTINUED ON NEXT PAGE-> United Construction&Forestry NITED 4 Sterling Road 'U Billerica,MA 01862 Phone: (978)667-4345 (;Omtruction$Forestry Fax:(978)6674810 www,unitade ui JoHN OEERE info@uafne.com q p•con •**PROFORMA INVOICE'•• Invoice To Account No: 62MS Deliver To: 02AW025 SERVICE QUOTATION TOWN OF N ANDOVER DPW TOWN OF N ANDOVER DPW Invoice Number. PW DIREC BRUCE THIBODEAU HIGHWAY GARAGE Invoice Date 01128=5 HIGHWAY GARAGE NORTH ANDOVER MA 01845 384 OSGOOD ST Location: 74 NORTH ANDOVER MA 01845 Work Order Number: 1573684 Payment Type: Account Bus Phone: (978)688-0950 Bus Phone: (978)688.0950 Pry Phone: Pry Plane: Page: 2 of 3 Make/Model: Meter Serial Number: EO Id: Fleet No: 1 i SCE0112117 T225565 Seel 4.00 $25.49 $101.96 N T277593 V-RkV Seal 1.00 $53.91 $53.91 N T444876 Shim 10.00 $7.58 $75.80 N T60752 SEAL 2.00 $28.53 $57.06 N milmlisous Descrtotlon Q antlty Hit Price Extended Price Taxed Ind OUTSIOELA#A OUTSIDE LABOR MATERIALS 1.00 117AW-007 N Labor: $9,000.00 Parts: $3,521.75 OL&M: $0.00 Mlsc: $7,500.00 Sub-Total: $20,121.75 am ROM COMPLAINT: Possible Supplemental Repairs-(Estimated @ FAC-116 Rate of$150.00) CAUSE: Possible additional issues to address CORRECTION: "Additionally,The Steering Cylinders and drive shafts are difficult to evaluate until removed,as they wear with the machine as the tenter bearing wears.There are too marry individual components to arbitrarlly quote without knowing the condition.We recently did a similar unit for another Municipality and the initial quote was$23,000.00 with the supplemental being an additional$17,000.00.Bringing the total to $40,000.00=/-.I may be worth slowing us to bring the unit to the shop and complete a full evaluation if you need a more exact figure for budgeting.It is just difficult to quote,sight unseen. Labor $6,000.00 Parts: $9,160.00 OL&K $0.00 Mise: $0.00 Sub Total: $15,160.00 01111.11111my'll Row COMPLAINT: Towing-to and from North Andover to UCF-Bilerics-$500 each way($1000 Totaq CAUSE: CORRECTION: Miscaltaneous Description uanti Nglegj2ii ExtendedPrke Taxodind CONTINUED ON NEXT PAGE-> Untied Construction&Forestry UNITED4 Sterling RoadIssaiiiiiiiiiiIaLl Billerica, MA 01862 ra Phone: (978)667-4345 Construction &Forestry Fax:(978)6674810 JOHN DEERE info@ucfne.com www.unitedequip.com •**PROFORMA INVOICE* Invoice ToAccarntNo: 623895 Deliver To: I Quote ExDlres:02/1512025 SERVICE QUOTATION TOWN OF N ANDOVER DPW TOWN OF N ANDOVER DPW Invoice Number: PW DIREC BRUCE THIBODEAU HIGHWAY GARAGE Invoice Date 01/2812025 HIGHWAY GARAGE NORTH ANDOVER MA 01845 384 OSGOOD ST Location: 74 NORTH ANDOVER MA 01845 Worts Order Number. 1573684 Payment Type: Account Bus Phow (978)688-0950 Bus Phone: (978)688-0950 Pry Phone: Pry Phone: Page: 3 of 3 MakelModel: Meter Serial Number: EQ Id: Fleet No: JOHN DEERE 624K 7209 1DWS24KZKDE655721 SCEQ,11217 OUTSIOEL&M OUTSIDE LABOR&MATERIALS 2.00 $500.00 $1,000.00 N Miscellaneous Charges: Environmental Services 5 Supplies $300.00 Labor: $0.00 Parts: $0.00 OLSM: $0.00 Mlac: $1,300.00 Sub-Total: $1,300.00 Labor: $15,000.00 Customer PO No: Parts: $12,781.75 Tax Exempt No: ON FILE OL&NI: $0.00 Adviser. MARK ROCCOGRANDI Mist: $8,800.00 Total: $36,581.75 TERMS AND CONDITIONS Receivedby:................................................................................................. Date:..............................................