Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract #: 972 - From: 06-15-2017 To: 06-30-2018 - Patriot Properties - Town of North Andover
TOWN OF NORTH ANDOVER CONTRACT (GOODS / SERVICES) CONTRACT #�2_ DATE: 0 6 — /,f- a O / This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Patriot Properties, Inc. Address: 123 Pleasant Street Marblehead, MA 01945 Telephone Number: 781-586-9670 Fax Number: 781-586-9667 1. This is a Contract for the procurement of the following: Conversion of existing Computer -Assisted Mass Appraisal (CAMA) system to another established CAMA system for real property in preparation for the FY18 tax billing cycle per the attached Scope of Work and the Invitation for Bids dated April 25, 2017 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Initial software and conversion $ 28,000.00 Annual license, maintenance and support $ 6,800.00 100% field review of real property $ 36,000.00 TOTAL $ 70,800.00 3. Payment will be made as follows: Upon completion of services and receipt of invoice (net 30) (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 1 4. Definitions 4.1 Acceptance:All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period or proposal. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. The Contractor's relationship to the Town is that of an independent contractor and not that of an agent or employee of the Town. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 Sub -Contractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before June 30, 2018, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 2 6. Subject to Appropriation 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 as certified by the Town Accountant. The Town may immediately terminate or suspend this Agreement without liability on the part of the Town for damages, penalties or other charges in the event the appropriation funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Agreement. 7. Permits and Approvals Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. Termination and Default 8.1 Without Cause. The Town may terminate this Contract at its sole discretion on seven (7) calendar days' notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days' notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 3 including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contract, and (viii) failure to comply with any and all requirements of federal or state law and/or regulations, and Town bylaws and/or regulations. 9. The Contractor's Breach and the Town's Remedies Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. StatutorMpliance 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the Massachusetts General Laws are incorporated by reference into this Contract, including, but not limited to, the following: M.G.L. Chapter 30B — Procurement of Goods and Services. M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts. M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, then it shall be understood that this Agreement shall import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 4 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, Scope of Business or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by it or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws c268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws c62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Affirmative Action: Non -Discrimination 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 c151B (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. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 5 14. Condition of Enforceability gainst the Town This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 15. Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other documentation satisfactory to the Town certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, c181, §3, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 16. Liability of Public Officials 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. 17. Indemnification The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, attorneys, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its' or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 6 misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 18. Workers Compensation Insurance The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and the Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract in a form satisfactory to the Town before the same shall be binding on the parties thereto, except if specifically waived by the Town. 18.1 The Contractor further understands and agrees that in rendering services to the town under this Contract that the Contractor is an independent contractor and not an employee of the Town, that the Contractor is not covered by the Town's Workers' Compensation, or liability insurance, that the Contractor shall not make any claim against the Town, its officers, agents and employees and that the Contractor indemnifies, holds harmless, and releases the Town from any claims of the Contractor or of any other party that may arise in whole or in part out of or in connection with the work being performed by the Contractor. 19. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 7 All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 20. Confidentiality The Contractor shall comply with M.G.L. c66A if the Contractor becomes a "holder" of "personal data". The Contractor shall also protect the physical security and restrict any access to personal or other Town data in the Contractor's possession, or used by the Contractor in the performance of this Contract, which shall include, but is not limited to the Town's public records, documents, files, software, equipment or systems. 21. Record -Keeping and Retention, Inspection of Records The Contractor shall maintain records, books, files and other data as specified in this Contract and in such detail as shall properly substantiate claims for payment under this Contract, for a minimum retention period of seven (7) years beginning on the first day after the final payment under this Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. The Town shall have access during the Contractor's regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense. 22. Assignment The Contractor 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. 23. Subcontracting By Contractor 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. 24. Risk of Loss The Contractor shall bear the risk of loss for any Contractor materials used for this Contract and for all deliveries, and personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of this Contract until possession, ownership and full legal title to the deliverables are transferred to and accepted by the Town. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 8 25. Minimum Wage/Prevailing Wage 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 c151, § 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 c149, §§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 c149, §27B. 26. Audit, Inspection and Recordkeeping 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. 27. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 28. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Contract, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 29. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 9 the Commonwealth of Massachusetts, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 30. Notices 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. 31. Binding on Successors This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 32. Complete Contract 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. 33. Contractor Certifications 33.1 By signing this contract, the Contractor certifies under the penalties of perjury that pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns, paid all taxes and complied with all laws of the Commonwealth relating to taxes; and that pursuant to General Laws c 151 A, § 19A, the Contractor has complied with all laws of the Commonwealth relating to contributions and payments in lieu of contributions. 33.2 By signing this contract, the Contractor certifies under the penalties of perjury that this contract has been obtained in good faith and without collusion or fraud with any other person. As such in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, client or other organization, entity or group of individuals. 33.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain qualified to perform this Contract, that performance shall be timely and meet or exceed industry standards for the performance required, including obtaining requisite licenses, registrations, permits, resources for performance, and sufficient professional, liability, and other appropriate insurance to cover the performance. If the Contractor is a corporation, the Contractor certifies that it is in good standing with (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 10 the office of the Secretary of State. If the Contractor is a foreign business, the Contractor certifies that it is listed under the Secretary of State's website as licensed to do business in Massachusetts, as required by law. 33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that performance under this Contract, in addition to meeting the terms of the Contract, will be made using ethical business standards and good stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse. 33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulations including, Executive Order 147, M.G.L. c29, §29F, M.G.L. c30, §39R, M.G.L. c149, §27C, M.G.L. c149, §44C, M.G.L. c149, §148B and M.G.L. c152, §25C. 34. Additional Provisions: 34.1 Applicable to Contracts for the Procurement of Goods 34.1.1 "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 34.1.2 Change Orders: Change orders for contracts subject to M.G.L. c30B may not increase the total contract price by more than twenty-five (25.0%) percent and shall be in compliance with Massachusetts General Laws c30B, §13. This Contract for purchase includes the following delivery, installation or setup requirements: 34.2 Applicable to Contracts for Services 34.2.1 "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 34.2.2 Change Orders: Change orders for contracts subject to Massachusetts General Laws 0013 may not increase the total contract price by more than twenty-five (25%) per cent and shall be in compliance with Massachusetts General Laws c30B, § 13. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page I 1 34.2.3 Minimum Wage/Prevailing Wage: 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 c151, §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 c149, §§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 c149, §27B. 34.2.4 Insurance: The Contractor shall obtain and maintain the following insurance: 34.2.4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 34.2.4.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $2 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 34.2.4.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 34.2.4.3 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. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Contract. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 12 34.2.4.4 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 34.2.4.5 Contractual liability must recognize the indemnities contained in this Agreement. 34.2.4.6 Coverages are to be maintained for a period of two (2) years after final payment. 34.2.4.7 The Contractor shall maintain all required insurance in full force and effect as required by this Contract or the Contractor shall be in material breach hereof. (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 13 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN 7 Division/Department Head Town Manager Date APPROVED AS TO FORM: THE CONTRACTOR 0Coame Signature Date . 4 1A 4 L" Wj--- Print Name & Title Federal Identification No.. / own Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: kAl 2 r1,0 w � A0 � ) K f to ( I kat -7 Town Acc tant ate (Rev 1-2016) Contract by and between Town of North Andover and Patriot Properties, Inc. Page 14 Scope of Work A computer-assisted mass appraisal (CAMA) system is an automated system for maintaining property data, valuing property, notifying owners, and ensuring tax equity through uniform valuations. The project shall include the conversion of the existing CAMA system to an established Computer -Assisted Mass Appraisal system and conduct a full (100%) field review of the improved Real Property in full compliance with the current Department of Revenue guidelines. A. General Requirements For the conversion of the existing database, the services to be provided include, but are not limited to, the following: 1) Convert all Real Property data from the existing system to the proposed appraisal system. 2) Print a test sampling of property record cards for the Assessors' Office to review the data conversion against the existing property record cards. 3) Adjust any observed discrepancies in the database conversion from the existing system to the new appraisal system. 4) Print a second test sampling of property record cards for the purpose of reviewing the data conversion and adjustments requested by the Assessors' Office. 5) The conversion adjustments will continue until the Assessors' Office and Contractor agree that the converted database is sufficient and ready for a full (100%) field review of all improved property. 6) Print property record cards for field review. 7) Conduct a full (100%) field review of the improved Real Property for valuation consistency and make any necessary adjustments to the property record cards based on location, quality of constriction, condition of improvements, depreciation, or any other obvious physical changes not previously recorded. 8) Upon review and approval by the Assessor's Office of the field review and conversion, install the converted database and proposed appraisal system on the Town's computer hardware. 9) Provide on-site training in the use of the proposed system as required by Assessor's Office staff, provide user manuals and training documentation (printed or electronic format). 10) Real Property PROPERTY TYPE PARCELS 101 6,274 102 2,084 MISC 103,109 29 104 408 105 47 111-125 52 130-32,106 429 200-231 0 300-393 511 400-452 82 CH 61 LAND 7 CH 61A LAND 142 CH 61B LAND 7 012-043 33 TOTAL PARCELS 10,105 B. System Specifications 1) The application client server shall utilize MS SQL Server (Relational Database Management Software). 2) The CAMA system shall run on Windows® 2008R2 or greater. 3) The system shall be graphically based (GUI). 4) The CAMA system shall include valuation capability for all Residential, Commercial, Industrial, Vacant Land, Exempt Properties and Taxable Personal Property. 5) The CAMA system shall provide the Market Adjusted Cost Approach, the Direct Sales Comparison Approach, and the Income Approach. The system shall be capable of generating complete and final property values for each parcel by the Cost Approach, Direct Sales Comparison Approach, and the Income Approach. 6) The CAMA system shall be capable of generating statistical reports and assessment administration studies: a) Statistical analysis by market stratification: ratio studies and coefficients of dispersion by total sampling, neighborhoods, and by property type or use (single- family, two -three family, four-six family apartments, condominiums, commercial/industrial), and by age of improvements. b) Administration studies such as total land valuations and total valuations by town - wide, neighborhoods, and property types or uses, including taxable and exempt properties. 7) The CAMA system shall be fully integrated so that the user can perform all day-to- day entry and editing functions, including the capability to override significant formula numbers. All major functions shall be performed through on-screen menus. The system shall provide for "error" messages. Security programs to restrict access to various fields shall be provided. 8) The CAMA system shall have the capability to integrate or communicate with the tax assessment and billing system currently in place. The system shall be a multi-user system, enabling the Assessor's Office to use several terminals at the same time. 9) When delivered, the CAMA system shall include complete on-line help. Software maintenance shall be available as part of an ongoing system support program. 10) The CAMA system shall store and display the data that is collected for each parcel on both screens and reports. The system shall support the creation and analysis of separate inventory and a minimum of five sales history data files, store and apply factors and values to calculate cost and market comparison estimates of value, generate sales ratio reports, and support maintenance activities such as parcel splits, building permits, transfers, etc. The system shall provide for the production of mailing labels. 11) Maintenance of the system by Town personnel shall consider the input of additions and outbuildings, etc., by the cost approach, and adding appropriate depreciated values to the already "in place" assessed values in the system. 12) The system shall provide user -controlled features, including the capability of updating cost tables, depreciation factors, market adjustments, and descriptive tables. 13) Inquiry capability on all parcel information by, at the very minimum, parcel ID, street address, and owner's name. 14) On-line screens are laid out on the property appraisal card with logical groupings of data on the screen designed to correspond to data elements on the appraisal card. 15) Capability to build independent sales files (five minimum) with independent access for editing, research, and maintenance of multiple sales -multiple years. 16) User definable defaults and limits for individual fields. 17) The system shall provide a maintenance function producing audit trail listings and totals showing the before and after status of the data. It shall also indicate the person responsible for and the date and time of change. 18) This system shall include data management and cost valuation components for commercial, industrial, and residential properties. It shall produce a valuation document showing the cost calculations on each property, the appraiser's adjustments, and final value determination. The module shall access a maintainable table of replacement cost formulas and depreciation schedules that are keyed to a structure code indicating what the improvement is or designed to be used for. It shall provide for correlation of the cost approach with the market through the use of economic condition factors as well as the standard depreciation for age, condition, and functional obsolescence. 19) The system shall compute value estimates based on standard appraisal methodology with clear documentation. 20) The basic residential classification system shall identify property within frame type, quality class, and floor area, as a minimum. 21) The component costs shall be easily understood in terms of cost new, depreciation, and land rate schedules. 22) The system shall provide for on-line updating of the cost estimates. This includes the capability in the years following the revaluation of pricing any additions, new buildings or out -buildings through the cost approach, and adding the depreciated value to the market -generated solution. 23) The system software shall be adaptable to time and location indices as well as possible neighborhood adjustment tables. 24) The system shall have the capability of factoring values for land, yard items, and building values separately by land use and neighborhood. 25) The depreciation tables shall be developed using comparable sales and observed condition methods. 26) The cost approach will be capable of calculating a cost value estimate by the square foot method. 27) The land -pricing function shall utilize computer-assisted land pricing tables to provide location and land use indexing for mass updating of land values. Land pricing will also have the ability to utilize preferential unit land values in addition to market-based unit land values. 28) Computed cost values for key fields shall be stored on a value file or record. These would include RCN (replacement cost new) of main structure, RCNLD (replacement i cost new, less depreciation) of each structure, land value, physical depreciation by structure, functional and economic depreciation by structure. 29) The cost estimates shall be fully integrated with the market approach sub -system to develop reports to study depreciation schedules, land rates schedules, neighborhood factors, date of sale adjustments, and certain adjustment factors. 30) Cost schedule additions shall not require program modifications. New codes can be added by updating cost schedules and data libraries. 31) The market approach shall provide for data screening segmented analysis, value predictions, comparable selection, adjustment of comparable and field review reports. 32) The market module shall produce market value estimates using comparable sales. It shall include the ability to extract sold properties from the master file and build a sales history file for sales analysis purposes. 33) The system shall include the ability to analyze sales ratio statistics by neighborhood and/or neighborhood group as well as class. This shall provide the necessary information to make comparisons between classes and locations, and identify categories with significant differences in value level or variance. These categories can then be checked to determine if adjustments are required. 34) The CAMA system shall have the capabilities to easily draw solid line sketches with angles and arcs. 35) The CAMA system shall have the capabilities to value split use property with up to four (4) different classes displayed on a single property record card. 36) The CAMA system must have the capability to adjust each land value line for topography, view, etc. A minimum of three independent adjustments for each line is mandatory. 37) The CAMA system shall be capable of generating an automated narrative description with a minimum of 175 characters for each record card. 38) The CAMA system shall have the capability of selecting the cost approach, direct comparable sales approach, or the income approach to value for each property. 39) System is "table driven" in that all codes and their corresponding values, which are required to accurately arrive at property values under the cost, market, and income approaches, are stored in tables or files that are completely maintainable by the user. 40) Public inquiry through counter terminal access (touch screen ability desired). 41) Ability to down load data onto a laptop so changes can be made in the field, then loaded back up into the system. 42) Ability to override system value. 43) Capability of integrating with a GIS system. 44) Has the capability to integrate video image management system with the simultaneous operation of the Appraisal System software that supports multiple users. 45) Possibility to limit access to each menu option of each application software module through the use of passwords or other security codes. 46) The full feature report writer allows information to be displayed at a terminal/ workstation as well as to be printed. 47) Once a user has developed a report request through the report writer, the request can be saved for future use, with data, or just the structure. 48) The report writer feature allows access to any field in the database. 49) The report writer feature allows data from multiple files to be combined on one report. 50) The on-line user's guide contains a description for each menu option. 51) On-line help is provided for each proposed application software module. 52) The on-line help feature referred to above is context -sensitive, in that information will display pertaining to the specific function or field at which the user was positioned. 53) Telephone support is provided via a toll-free telephone number. 54) Within the time span covering normal business hours (Mon. -Fri., 8:00 a.m.-4:00 p.m.) responses to requests for telephone support will be received within two hours of original request. 55) System provides a "hot key" capability, whereby users can automatically switch from certain functions to other certain functions through the use of the hot key sequence rather than the normal process of exiting to a menu and then selecting one or more menu options in order to access the desired function. 56) System expansion capabilities include the ability to support remote communications with multiple remote sites. 57) All training will be provided at the Town Hall offices 58) The vendor will provide source code for all proposed application software modules either directly to the Town or to a third party storage facility where it will be held in 59) The vendor will provide printed copies of record layouts for all files in all proposed application software modules. These record layouts will include field name, data type field length, and field description. 60) The system shall provide a web based access for the public. 61) The CAMA system shall be capable of geographic information system interface or embedded GIS system. 62) The System shall have a defined and straight forward procedure for backup. 63) The System shall have a defined and documented procedure for recovery of data in the event of a disaster. 64) All pricing shall include estimated costs for upgrades to any new version(s) of the proposed CAMA system that become available for the subsequent 24 month period. CERTIFICATIONS CERTIFICATE OF NON -COLLUSION 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. Signature Date 7 MARK HARRELL, PRESIDENT Print Name & Title PATRIOT PROPERTIES, INC. Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I MARK HARRELL , authorized signatory for PATRIOT PROPERTIES, INC. 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 Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. l 0 Signature S__Xe� /,( 7 Date Town of North Andover IFB Page 28 of 29 Computer -Assisted Mass Appraisal System CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the PATRIOT PROPERTIES, INC. held on JANUARY 16, 2017 it was VOTED, THAT MARK HARRELL (Name) PRESIDENT (Officer) of PATRIOT PROPERTIES, INC.be and hereby is authorized to execute contracts and bonds in the name and on behalf of said CORPORATION , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of PATRIOT PROPERTIES, INC. on its behalf by such officer under seal of PATRIOT PROPERTIES, INC, shall be valid and binding upon THIS CORPORATION I hereby certify that I am the clerk of the above named CORPORATION and that MARK HARRELL is the duly elected officer as above of said CORPORATION , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Cl ) Town of North Andover IFB Page 29 of 29 Computer -Assisted Mass Appraisal System '4C40R V CERTIFICATE OF LIABILITY INSURANCE 6Ai2i2oiYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 policy(ies) must 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 endorsement(s). PRODUCER CONTACT Bates, CPCUNAME:...... Farquhar & Black Insurance Agency, Inc. ..Greg .... ONE PH Ext) (78.1) 599-2200 ,A� Nej (781) 581 3940 __._. 85 Exchange Street - Suite 101 ADDRESS:greg@FandBlnsurance.com PRODUCER 00028426 CUSTOMER ID# 3OO , 000 $",,..- LynnMA 01901-1475 .... ........ ....... -. ..- .__- ____ _ INSURER(S)AFFORDINGCOVERAGE NAIC# ---- — ----- --------- - - - - _ INSURED INSURER A Travelers IndemIlity Co. Z25658 16802531A207IND 3/9/2017 3/9/2018 -PREMISES MED EXP (Any one person) INSURER B Technology Insurance CO . PATRIOT PROPERTIES INC INSURER C : 123 PLEASANT STREET ----- - ...........---------- ---._... -._..................... ....................... INSURER D: ............ INSURER E MARBLEHEAD MA 01945 INSURER F GENERAL AGGREGATE -- — ..................__.... COVERAGES CERTIFICATE NUMBER:CL1722808701 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 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 TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - -- - --- IR ( TYPE OF INSURANCE ADDL SUER; POLICY NUMBER MM LTINSR DD/YYYY MM/DD/YYYY LIMITS LTR ; ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE North Andover, MA 01845 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY O DAMAGE TO RENTED (Ea occurrence) 3OO , 000 $",,..- A CLAIMS -MADE X i OCCUR X 16802531A207IND 3/9/2017 3/9/2018 -PREMISES MED EXP (Any one person) . $ 5,000 ".............. ..................... ..".. ........... --------- .-..-..-........ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE -- — ..................__.... $ 4,000,000 _...._ ____._____ __—_— GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 ............. -1 ,- - X POLICY PRO- I I LOC j $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS X BODILY INJURY (Per accident) ----- - $ SCHEDULED AUTOS -- -- - - ---- -- PROPERTY DAMAGE - - - --- ----- HIRED AUTOS (Per accident) ............... _...... .............. .._...-.. $ -- NON-OWNED AUTOS j $ X UMBRELLA LIAB j OCCUR I�' j EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE ! AGGREGATE $ 1,000,000 DEDUCTIBLEI� $ cUP-3844Y429-13-42 3/9/2017 3/9/2018 A RETENTION $ $ B j WORKERS COMPENSATIONX I WC STATU 1OTH- AND EMPLOYERS' LIABILITY Y / N -'TORY LIMITS `ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA ( E.L._EACH ACCIDENT $ _ 500,000_ (Mandatory In NH) TWC3597589 12/12/2016 52/12/2017 E L DISEASE EA EMPLOYE $ 500, 000 If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT -" $ 500,000 i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Town of North Andover is included as an additional liability insured as required by contract. CERTIFICATE HOLDER rhMrFl I ATIf N AI;UKU L5 (LUUVIUy) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD 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. 120 Main St. AUTHORIZED REPRESENTATIVE North Andover, MA 01845 Gregory Bates/GBATES AI;UKU L5 (LUUVIUy) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD -orm W-9 Request for Taxpayer Give Form to the Rev. December 2011)requester. identification Number and Certification Do not send to the IRS. )apartment of the Treasury nternal Revenue Service Name (as shown on your Income-tax retum) Patriot Properties,Inc Business name/disregarded errtity name, If different from above N ai rn ro a Check appropriate box for federal tax classification: C o ❑ Individual/sole proprietor ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑ Trust/estate c 0 ❑Exempt payee f'i ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation; P-partnership) ► O-------------------------------- C N CL ❑ Other (see Instructions) I- S S Address (number, street, and apt. or suite no.) Requester's name and address (optional V o. 123 Pleasant Street N d ;. .. City, state, and ZIP code Marblehead, MA 01945 List account number(s):here,(optional) • . Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number C- -M avoid backup withholding. For individuals, this is your social security number However, for resident alien, sole proprietor, or disregarded entity, see the Part I instructions onn page 3. For other re —titise R ie urns amnlnvar iriantifirntinn numhar fFINI_ If vrni do not have a number. see HOW to oef a . TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employerldortiiication number number to enter. m ���T14 0 4 - 2 8 6 4 0 0 4 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding ; because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you aretnot required to sign the certification, but you must provide your correct TIN. See the instructions on page 4._,---\t „ 1 Generallnstruc=the s Section references are tnternal Reve Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Date IN, (P I . Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a h' d t' t d b ' ' the United 3. Claim exemption from backup withholding if you are a U.S, exempt partner in a partners ip con uc ing a ra a or us nes. in payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form w-9 (Rev. 12-2011)