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HomeMy WebLinkAboutContract #: 1913 - From: 11-01-2025 To: 03-31-2026 - Arthur Pyburn and Sons, Inc. - DPW CONTRACTNO. VENDOR NO. 8668 SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this _ day of October, 2025, by and between Arthur Pyburn and Sons, Inc., a domestic profit corporation duly authorized by law and having a principal place of business at 564 Haverhill Street, Rowley, Massachusetts 01969, 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 issued its Invitation for Bids dated October 8, 2025 for a leak detection survey, and; 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 15 AGREED by and between the Parties as follows: -1- The CONTRACTOR agrees that it will provide a leak detection survey as described in accordance with the Invitation for Bids, Specifications, and the Bid. The Invitation for Bid, the Specifications, the Bid, all required Certifications, all Insurance Binders, and the Schedule of Minimum Wage Rates, are 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 November 1, 2025 and terminating March 31, 2025. Any extensions of time must be by written NOTICE per paragraph 21 from the TOWN, and are at the soI e discretion of the TOWN. _ - Total payments under this CONTRACT shall not exceed Eighteen Thousand two hundred forty and 00/100 ($18,240.00) Dollars. 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 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- 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 certifiedi 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 orother 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—$1,000,000 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. The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 306 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. _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 oft a Department of Labor and Industries, under the provisions of General Laws c.149 (Prevailing Wage), ands all 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 tote 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 COrnmonwealth. 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.15113 (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 it 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. 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. -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 under this 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 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. r � Are PPROVED: CONTRACTORS By Melissa Murphy-Rodrigues Town Manager, North Andover APPROVED AS TO FORM: TOWN OF NORTH ANDOVER TA Christine P. O'Connor Town Counsel Department Head s, Kyl z Wn e Town Accountant Date: I ► lu ` �� AdCORO CERTIFICATE OF LIABILITY INSURANCE DATE(MW YYY) Ila 10/30/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemengs). PRODUCER CONTACT Stephen Gill NAME; Cross Insurance-Wakefield,Inc, PHONE (781)224-5777 401 Edgewater Place Suite 100 ADORESs: sieve gillcrossagency.cofrf INSURERIS)AFFORDING COVERAGE NAIL 0 Wakefield MA 01880 INSURERA. Union Insurance Company 25844 INSURED INSURER B: Ac8dia Ins Co. 31325 ARTHUR PYBURN SOBS,INC. INSURERC: 564 HAVER,HILL STREET INSURER D INSURER E ROWLEY MA 01969 INSURER F: COVERAGES CERTIFICATE NUMBER; 25/26 Master REVISION NUMBER. IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T'O THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T'OALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS. _ . LTR TYPE OF INSURANCE IN POLICY NUMBER 11@ht2 yYY MMl�DPYXYY LIMITS X COMMERCIAL GENERAL L LIABILITY EACH OCCURRENCE S 1,000,000 CLAIM DE UR PREMI5E.S Ea sm aarrorxe $ 500,000 hMED E5(P(Any ono araun)_ S' 15,000 A Y CPA53441411 0410111025 04/02l2026 PERSONAL&ADV INJURY y 1.0000000 GEN'L AGGREGATE LIMIT APPI.IESPER: GFNERAL.AGGREGATE..... $ 2,000,000 POLICY LOC PRODUCTS-C PIOPAGG $ 2,000,000 OTHER: Y I P a arts N S45 ,Au OBILE LIABILITY OM M 3 1,000,000 Es acderd ,kNR A(90 LYINJURY(Porµo ) t ALAUTOSCNty SCHEEXP EO AUTOS ONLYAUTOS M 5344341 04/02025 04/0212026 3O0LY INJURY NOUOYMEP L HIRED PR R AL ON yVTO A Per Onric at S EXCESS XOCCUR EACH OCCURRENCE S 3,000,000 BCLAMS-MADE Y CUA5344342 04/02J2025 04/02/2,026 AGGREGATE 5 3,000.000KN _ .. 0 WORKERS COMtPENSATIONW AND CMPUOY'EAWLIADJUTY lA(%,PT&; r�.fr2H ANY PROPRILTo"ARrNER/E;XE1—IVE YIN E.LEAaCHACC;IDENT S 1,000,000 B OSFICERIMEMBER EXCLUDED? N J NIA WCA5344343 0410212025 04102/2026 (Mandatory In NH) E.L.DISEASE e,EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS E.L.DISEASE-POLICY LIMIT S DE RIP7iON OF OPERATIONS!LOCATIONS r VEHICLES(ACORD 101,Addltlonal Ranaark$Schedule,May be attached IN afore space k r I ) Town of North Andover is included as additional insured as required by Wriften coiltract, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 384 Osgood Street AUTHORIZED REPRESENTATIVE North Andover MA 01845 01988-2015 ACORD CORPORATION. All rights served. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD