2. Marion Excavating ContractGen. Conditions 1
Contract #_____________
CITY OF NORTHAMPTON
MASSACHUSETTS
Contract Agreement for Construction of Northampton Shared Use and Sidewalk Ramps Project
THIS AGREEMENT, executed this ____________________day of April, 2020 by and between Marion
Excavating Co., Inc., 747 New Ludlow Road, South Hadley, MA 01075 hereinafter called "Vendor"
and the City of Northampton, a municipal corporation in the County of Hampshire, Commonwealth
of Massachusetts, party of the second part hereinafter called "Owner."
WHEREAS, the City is hiring the Vendor for the demolition, repair, and replacement of shared use path and
sidewalk ADA compliant ramps around the City of Northampton to improve accessibility for users with
disabilities and others.
WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Vendor shall agree to
the terms and conditions contained in this contract, enumerated as follows:
1.This Owner-Vendor Agreement with its attached contract documents terms
2.The attached bid and design specifications
The Contractor agrees to perform the work in the Base Bid and Alternatives 1 and 2 in
accordance with the plans and specifications, break ground by May 4, 2020, have construction
substantially complete by July 1, 2020 and fully complete by July 15, 2020.
THE OWNER shall pay the Vendor for the performance of this contract in the sum of
Two Hundred and Fifty Five Thousand, Nine Hundred and Fifty Five Dollars ($255,955) in
accordance with the terms of this contract and the project manpower budget.
Notwithstanding any language in the contract documents all work must be completed by June 30, 2020
in order to comply with the terms of the grant funding this work and no contract amendment can be
extended beyond that time. The City will not pay for any work beyond this time period.
The Vendor shall email weekly certified payroll records, without any portion of social security
numbers included, apprentice training identification cards for each apprentice on the payroll, if any,
and proof of OSHA 10 Certification, if applicable.
The Vendor hereby commits to purchasing some supplies and services from certified minority
or women-owned business, small businesses, or businesses owned by socially or economically
disadvantages persons or persons with disabilities.
This contract shall not be altered in any particular without the consent of all parties to this contract. All
alterations to this contract must be in writing and authorized as such by the Mayor and the Director
of Planning and Sustainability.
The Vendor shall not delegate, assign or transfer any of its duties delineated in the scope of services
without prior written consent from the CITY.
In the event the Vendor is a corporation a certificate that the person executing this contract is duly
Gen. Conditions 2
authorized to sign, must accompany this contract.
Notwithstanding anything in the Contract documents to the contrary, any and all payments which the City
is required to make under this Contract shall be subject to appropriation or other availability of funds as
certified by the City Auditor. Obligations for payments beyond the current fiscal year are subject to
appropriation and this Contract shall be canceled in the event of non-appropriation.
Final payment on this contract shall release and discharge the Owner from any and all claims against the
Owner on account of any work performed hereunder, or any alteration hereto.
The Vendor shall indemnify and hold harmless, the CITY and all of its officers, agents, and employees
against all suits, claims or liabilities of every nature, arising out of, or in consequence of, the acts or
omissions of the Vendor, its employees, agents, or sub-contractors in connection with their rendering of
services or goods under this AGREEMENT and will, at the Vendor’s own cost and expense, defend any
and all such suits and actions
By signing this contract the Vendor agrees to subject any dispute to mediation, at the option of the City,
prior to filing suit in any forum.
This contract shall be deemed to be a Massachusetts contract and its interpretation and construction shall be
governed by the laws of Massachusetts and the Charter and Ordinances of the Owner.
The provisions of this contract are severable. If any provision of this contract shall be held
unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect any other
provisions of this contract.
The City of Northampton is not bound by this contract until approved by the Mayor of Northampton.
Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my
best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of
employees and contractors, and withholding and remitting child support. I further authorize the City of
Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or
any other fees due to the City of Northampton from the vendor which become due and payable by the
vendor or its officers, directors or agents during the term of this contract or until the final amounts due
under this contract are paid in full.
The Contractor certifies that a) neither it nor any of its subcontractors have been subject to a federal or
state criminal or civil judgment, administrative citation, final administrative determination, order or
debarment resulting from a violation of G.L. c. 149, c. 151, or the Fair Labor Standards Act within
three (3) years prior to the date of the Contract, or b) that if it or any of its subcontractors have
been subject to a federal or state criminal or civil judgment, administrative citation, final
administrative determination, order or debarment resulting from a violation of G.L. c. 149, c.
151, or the Fair Labor Standards Act within three (3) years prior to the date of the Contract,
the Contractor has provided copies of any such judgment, citation, determination or order to the City
prior to the date of the Contract and has procured a wage bond or insurance. The Contractor certifies
that while the Contract is in effect, it will report any instance of the above to the City within five (5)
days of Contractor's receipt.
Gen. Conditions 3
The vendor does not have a Northampton office.
IN WITNESS WHEREOF the Owner caused these presents to be signed in quadruplicate and
approved by David Narkewicz its Mayor and the said Vendor has caused these presents to be signed
in quadruplicate and its official seal to be hereto affixed by its officer or agent thereunto
duly authorized (by the attached corporate resolution). This instrument shall take effect as a
sealed instrument.
Marion Excavating Co., Inc., Vendor
Authorized Signatory by its (Title) Date
Certificate by Corporation to Sign Contract
At a duly authorized meeting of the Board of Directors of the Marion Excavating Co., Inc held on
__________. (Date)
At which all the Directors were present or waived notice, it was voted that, the Authorized Signatory of this
company, be and he hereby is authorized to execute contracts and bonds in the name and behalf of
said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation
in this company's name on its behalf by such officer under seal of the company, shall be valid and
binding upon this company,
A TRUE COPY,
ATTEST:
(Clerk)
Place of Business:
Date of this Contract:
CITY OF NORTHAMPTON:
______________________Date ____________
Wayne Feiden, FAICP, Director of Planning and Development
_______________________Date ___________
Joyce Karpinski, City Auditor, approved as to appropriation.
_______________________Date ____________
Joe Cook, Chief Procurement Officer, approved as to c. 30B compliance
Date
Mayor David Narkewicz