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HomeMy WebLinkAboutContract #: 018508 - From: 10-31-2013 To: - Peterson Party Center, Inc - Town of North Andover�i; URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAjjAR McGRAVEY OF COUNSEL e-mail chm@uf-law.com May 17, 2012 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 0 1845 RE: CONTRACT WITH PETERSON PARTY CENTER, INC. Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, rol Hajjar McGravey CHM/kmp Enclosure w:\wp5l\work\n-andove\co�esp\santilli.Itr - contmcM.docx TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager S US Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: April 26, 2012 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, with accompanying documentation, between the Town of North Andover and Peterson Party Center, Inc to furnish and install a seasonal tent and dance floor for calendar years 2012 and 2013 at the Stevens Estate per the Invitation for Quotes issued on March 30, 2012. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Robert Traina, President Peterson Party Center, Inc 36 Cabot Road Woburn, MA 0 1801 Dear Mr. Traina: April 19,2012 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to Peterson Party Center, Inc to fumish and install a seasonal tent and dance floor for calendar years 2012 and 2013 at the Stevens Estate accordance with the Invitation for Quotes issued on March 30, 2012. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates list the Town of North Andover as an "additional insured". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Peterson Party Center, Inc Address: 36 Cabot Road Woburn, NIA 01801 Telephone Number: 781-729-4000 Fax Number: 781-729-4999 1 . This is a Contract for the procurement of the following: 2 3. 4 Furnish and install a seasonal tent and dance floor for calendar years 2012 and 2013 at the Stevens Estate in accordance with the Invitation for Quotes dated March 30, 2012 The Contract price to be paid to the Contractor by the Town of North Andover is: Seasonal Tent $ 1,350.00 per month Dance Floor $ 800.00 per month Payment will be made as follows: Invoices to be submitted and paid on a monthly basis, net 30 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. (Rev 5-2007) Contract by and between Town of North Andover and Peterson Party Center, Inc Page I 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. 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. 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 SubContractor: 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. Tenn 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 October 31, 2013, 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. 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. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 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. (Rev 5-2007) Contract by and between Town of North Andover and Peterson Party Center, Inc Page 2 rx, Q Q) u w 0 0 0 0 0 0 C� C> 0 C> C� C� C� vi 6 0 rl�, C� 1-4 . m m 110 It 00 Iq C� 6s ros 6's r,s r�s 0 0 0 0 0 0 C� C> 0 C> C� C� C� vi 6 0 1-4 . m m 00 m 00 Iq C� 6s ros 6's 6s 0 C) 0 0 0 C� C> 0 C> C) vi 6 0 1-4 . m lr� Iq C� m 00 roos GS �609 EOS raos 0 0 0 0 E A C) 0 C) 46S �oq roq 60� M cn CA ti 0 0 0 0 tn eq ci APPENDIX A — PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the full period of the proposed contract. All prices are to remain firm for the duration of the Contract. Calendar Year 2012 A. Seasonal Tent 5 months /mo $ A), B. Dance Floor 5 months 5/mo $ Calendar Year 2013 A. Seasonal Tent 5 months B. Dance Floor 5 months Business Name K $.11160 - /mo /mo GRAND TOTAL $ /6'soo s J'�)030 Business Address Ai 4 o:) 9, Business Phone &0-.S -77 IV Fax &03 -77 c3 70*'N I jV\ , 0, ( AZ ( VA P- V-- - � Name of Person Authorized to sign Price Proposal '? It 'I L 'D -,0 17� Title of Person Authorized to sign Price Proposal AA, -cl X, ( Signature of Above Person Town of North Andover IFQ Seasonal Tent & Dance Floor Rental — Stevens Estate Page 8 of 22 4 EXETER. EVENTS & TENTS List of References for Town of North Andover Seasonal Tent Bid Seacoast Science Center 603 436 4083 Jim Chase Executive Director 570 Ocean Blvd Rye NH 03070 Smolak Farms 978 500 2019 Mike Smolak 315 South Bradford St North Andover Ma Mels Funway 781704 4700 Mike Accomondo 454 Bancroft Highway Litchfield NH 03052 www.exetereventsandtents.com www.sailelothtents.com E X E -F E R 1 is N Main St. Concord, NH 03301 -- X � ... 38 Port.smouth Ave. Exeter, NH ossss 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 . ?re,1;, 0_�L- � a- b Print Name & Title Date i__( — ( �L I P- Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I M , , L A -e ( Nkv, J -, authorized signatory for (.e tk. I? (, j-_ /2 Name of individual Name of contractor do hereby certify under the pains and penalties of peijury 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. Signature Town of North Andover IFQ Seasonal Tent & Dance Floor Rental — Stevens Estate - &(- P- - (L Date Page 21 of 22 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on Ll /)) )).� it was VOTED, THAT C (Name) J-(-50ej4 (Officer) of E—yejer Qfj� A) TAr be and hereby is authorized to execute contracts and bonds in the name and on behalf of said FxeltrgeAN) 14r , and affix its corporate seal hereto; and such execution of any contractor obligation in the name of E'e4er its behalf by such officer under seal of Ey e e- �,e�A M J-4 r shall be valid and binding upon & 6c r- Qt.� -A) I hereby certify that I am the clerk of the above named �-ie-�ec R-eA - and that m C-�Cu-� I N is the duly elected officer as above of said E::>j,J,e P-eJ41 -Djr 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) (Clerk) To" of North Andover IFQ Seasonal Tent & Dance Floor Rental — Stevens Estate Page 22 of 22 I APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the full period of the proposed contract. All prices are to remain firm for the duration of the Contract. Calendar Year 2012 A. Seasonal Tent 5 months S1350, /mo B. Dance Floor 5 months $460. /mo Calendar Year 2013 A. Seasonal Tent 5 months S 3.fb, /mo B. Dance Floor 5 months S140 - , Imo S i 7-fP - S'51,066. GRAND TOTAL S 2 1�r4o 40 - B usiness N arne ?ftftZ JAAJ /kRPY elA- B u s 1 n e s s A d d r e s s Yi� e440 r A?044 .,, Alld M-4 AFA Business Phone '7,f /- Ztf- IqD4 9) Fax 7J'1-7Af- q#'f f Aiior 7&-,v1A,,4 Name of Person Authorized to sign Price Proposal , pels 14 's #,. r Title of Person Authorized to sign Price Proposal Signature of AM'V7'e —Person Town of North Andover IFQ Seasonal Tent & Dance Floor Rental — Stevens Estate Page 8 of 22 Peterson Party Center, Inc. References New England Aquarium 248 Atlantic Avenue Boston, MA 02110 Contact: Matthew King 617-720-5117 mking@neag.org Courageous Sailing Center 300 Chelsea Street Charlestown, MA 02129 Contact: David DiLorenzo 617-242-3821 dave@courageoussailing.org Woodman's of Essex 121 Main Street Essex, MA 01929 Contact: Maureen Woodman 978-768-2559 mwood ma n@wood mans. om CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the )9MOS-014 PA*" eAA4Wm-r held on —/// lftw-*4 it was VOTED, THAT (N am e) PPM104fA,r (Officer) of ft4jkW 0,407f 494PJ4.jjLC be and hereby is authorized to execute contracts and bonds in the name and oil behalf of said jPaww.0,00Y IAW,4;.7�4 , and affix its corporate seal hereto: and such execution of any contract or obligation in the narne of I?MeAWAWY6�' Z'14011 its behalf by such officei- under seal of 'Pg1htw.*4 AWY 4�A� sliall be valid and binding upon f 1"le I hereby certify that I ain the clerk of the above named,0X?Mj(4*0-*-J and that P I A�*#'O- -1ho A"4 is the duly elected officer as above of said jm— dAmwo�� I and that the above vote has not been amended or rescinded and reinalfls in full force and effect as the date of this contract. 4f/// Xj— (Date) (Cie ii) Town of'North Andover IFQ Page 22 of 22 Seasonal I ent & Dance Floor Rental -- Stevens Estate CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good falth and without collusion or fi-aud 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_.,�����) 16-04r 7A -41,v.4. PWfffAl2,FA'V_ Print Name & Title Date 7kws&v �Owmf' Z&VO4-, Z.-Ve Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b). I /?,946mr- 11kW,1,v4 authorized signatory for.g7rosw AN" z�c- Alame of individual Alame of contr(iclor do hereby certify under the pains and penalties of perjury that said contractor has compiled with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, repoiling of employees and contractors. and withholding and remitting child support. Signature 1-mvii of'Norih Aiidovei IFQ Seasonal Teni & Dance Hom Rental Stevens Estate Date Paoe 21 ol'22 t� .01 . 78 ACORV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) F 4/23/2012 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 Bonacorso Insurance Agency, Inc. B3 Cambridge Street P.O. Box 1502 Burlington MA 01803 CONTACT Bonacorso NAME: Michael PHONE (781)273-3200 (FAX, No. Ext), AIC No)- (781) 273-0600 _WC. E-MAIL ADDRESS:mike@bonacorsoins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Republic Franklin Ins. Co. INSURED Peterson Party Center, Inc. 36 Cabot Road Woburn MA 01801 INSURER B:Travelers Cas & Surety of Ill 19046 INSURERc-.Utica National Insurance Co INSURER D:Travelers Casualty and Surety 19038 INSURER E:Hartford Insurance Co. rl'NSURER F: COVERAGES CERTIFICATE NUMBER: 11/12 MASTER 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBRI WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE To PREMISES (ERaEoNccurrDence) $ 50,000 A CLAIMS -MADE Fx_� OCCUR X X CPP4361629 10/9/2011 10/9/2012 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 $ POLICYFxl RO- El LOC J T PEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S B ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED x x BA -9296R836 -11 -SEL 10/9/2011 10/9/2012 AUTOS AUTOS PROPERTY DAMAGE S (Per accident) X NON -OWNED HIRED AUTOS AUTOS Uninsured motorist BI split limit $ 1,000,000 X UMBRELLA LIAB OCCUR X X EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 c REXCESS LIAB CLAIIS-MAII DED I I RETENTIONS S UDS4361631 10/9/2011 10/9/2012 D WORKERS COMPENSATION X TATU-1 JOTH X I TOCRYSLIMITS ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT S 500,000 OFFICERIMEMBER EXCLUDED? [ 7N (Mandatory in NH) NIA 4361630 10/9/2011 10/9/2012 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT S 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below Leased and Rented Equip. E Equipment Floater X 08SHE6155 10/9/2011 10/9/2012 $250,000 Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Various functions at the Stevens Estate, 723 Osgood St, N. Andoverm MA from May 15 through October 15th, 2012. Additional Insureds with respects to Work Performed at the Stevens Estate: Town of North Andover. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) INS02.5igninns)m @ 1988-2010 ACORD CORPORATION. All rights reserved. Tha arnpn nnma nnel Innn nro ranieforari mnrka nf Ann;?n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of North Andover 120 Main Street AUTHORIZED REPRESENTATIVE North Andover, MA 01845 Michael J. Bonacorso ACORD 25 (2010/05) INS02.5igninns)m @ 1988-2010 ACORD CORPORATION. All rights reserved. Tha arnpn nnma nnel Innn nro ranieforari mnrka nf Ann;?n Santilli, Ray From: Santilli, Ray Sent: Wednesday, April 11, 2012 2:53 PM To: 'Michael Parkin' Subject: RE: Questions on Seasonal Tent and Dance Floor Quote My apologies for the delay. Please see responses below. Ray Santill! Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.TownofNorthAndover.com From: Michael Parkin rmailto:mparkin0exeterrent-all.comI Sent: Monday, April 02, 2012 4:18 PM To: Santilli, Ray Subject: Questions on Seasonal Tent and Dance Floor Quote Dear Mr. Santilli, Thank you for the opportunity to quote products at The Stevens Estate. Could you help me with some questions on the quote specifications 1. if we obtain the contract for the tent and dance floor will we be the preferred, exclusive or primary provider for the table, chairs, dish, china, linens and heat for the Stevens Estate for 2012 and 2013.[Santilli, Ray] No, the rentals of all other equipment, etc will be separate 2. Could you further define the occupancy requirement of item A.3. I spoke to the two largest tent manufactures in the U.S . on occupancy levels. They both stated the local building and fire departments not the tent manufactures set occupancy levels. Please help.[Santilli, Ray] The Stevens Estate has already been approved for the proper occupancy of a tent 40' by 100' 3. Can we use 8x2O side wall. The side poles are spaced 20' apart?[Santilli, Ray] Yes, the sidewall is fine. The Estate does have concerns of too few poles because the tent will be up for a number of months and not just a night or two 4. Is the dance floor 100% vinyl made by Snap Lock? If it is 100% vinyl and is set on the concrete patio is why are we installing a wood base under it. Can we install a California Portable Dance Floor(CPDF) which is a vinyl dance floor top manufactured on a %" marine plywood base.[Santilli, Ray] The Estate's primary concern is the size of the dance floor and that fact that it will withstand the outdoor weather under the tent. You may propose whatever option you think will work best. Thank you. Sincerely, Michael Parkin PRESIDENT & CEO mparkin@exetereventsandtents.com Store 603-778-9838 ext. 105 Warehouse 603-778-9838 ext. 402 wwwsaildotlitentscoin E, YE T E, R ! IS N Main St. Conowd, NH o.3101 ,.,*is . ri.ii ss Vormwilifli Avc, 1-Netcr. NH wssss Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. Santilli, Ray From: Michael Parkin [mparkin@exeterrent-all.com] Sent: Monday, April 02, 2012 4:18 PM To: Santilli, Ray Subject: Questions on Seasonal Tent and Dance Floor Quote Dear Mr. Santilli, Thank you for the opportunity to quote products at The Stevens Estate. Could you help me with some questions on the quote specifications 1. If we obtain the contract for the tent and dance floor will we be the preferred, exclusive or primary provider for the table, chairs, dish, china, linens and heat for the Stevens Estate for 2012 and 2013. 2. Could you further define the occupancy requirement of item A.3. I spoke to the two largest tent manufactures in the US . on occupancy levels. They both stated the local building and fire departments not the tent manufactures set occupancy levels. Please help. 3. Can we use 8x2O side wall. The side poles are spaced 20'apart? 4. Is the dance floor 100% vinyl made by Snap Lock? If it is 100% vinyl and is set on the concrete patio is why are we installing a wood base under it. Can we install a California Portable Dance Floor(CPDF) which is a vinyl dance floor top manufactured on a W marine plywood base. Thank you. Sincerely, Michael Parkin PRESIDENT & CEO mparkin@exetereventsandtents.com Store 603-778-9838 ext. 105 Warehouse 603-778-9838 ext. 402 608-778-983$ www.exetereventsancitentsmin XETER s,,R Portsinoudi Aw. Exe ter. X14 w8ss. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. TowN OF NORTH ANDOVER INVITATION FOR QUOTES SEASONAL TENT & DANCE FLOOR RENTAL Contact Address Telephone Number: Fax Number: Email STEVENS ESTATE March 30, 2012 Ray Santflfi Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantflHgtownofnorthandover.com Table of Contents 1. Introduction ........................................................... 3 2. Submission Deadline and Instructions ............................. 3 3. Questions, Addendum or Proposal Modifications ............... 4 4. On-site Inspection .................................................... 4 5. Specifications and Scope of Services .............................. 5 6. Evaluation of Quotes ................................................. 6 7. Tenn of Contract ...................................................... 7 Appendix A — Price Proposal .......................................... 8 Standard Town of North Andover Contract With Supplement "S ................................................ 9 Certifications ............................................................ 21 Town of North Andover IFQ Page 2 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 1. Introduction The Town of North Andover ('Town') is soliciting quotes from qualified companies to furnish and install a seasonal tent and dance floor for calendar years 2012 and 2013 at the Stevens Estate located at 723 Osgood Street, North Andover. Companies are requested to submit written quotes to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this invitation for quotes. The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Wednesday, April 18, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 0 1845 The Town of North Andover may cancel this IFQ or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Seasonal Tent & Dance Floor" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Quotes if it is in the Town of North Andover's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the Assistant Town Manager's office by Wednesdqy, April 18, 2012 at 2:00_km. All outer envelopes must be labeled "Seasonal Tent & Dance Floor" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 0 1845 Town of North Andover IFQ Page 3 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. All bidders must submit a list of a minimum of three references, with contact information, where they are performing or have, in the last three years, performed similar services. 3. Questions, Addendum or Proposal Modification Questions concerning this IFQ must be submitted in writing to: Mr. Ray Santilli, Assistant Town Manager, 120 Main Street North Andover, MA 0 1845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/inquiries must be received by 4:30 p.m. on Tuesday, April 10, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be provided by Wednesday, April 11, 2012 at 2:00 p.m. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFQ and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFQ language or any IFQ component files. Modifications to the body of the IFQ, Scope of Work, terms and conditions, or which change the intent of this IFQ are prohibited and may disqualify a response. All proposals submitted in response to this IFQ shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFQ, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFQ. Bidders may contact the Contact Person for this IFQ in the event this IFQ is incomplete. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFQ information and/or addenda and/or modifications in an alternative forniat, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. On -Site Inspection An on-site inspection of the Stevens Estate to view the area where the seasonal tent and dance floor are to be installed can be arranged by contacting the Director, Erin Flannery, at 978-682- 7072. Town of North Andover IFQ Page 4 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 5. Specifications and Scope of Services A. Seasonal Tent 1) Furnish and install a 40' x 100' x 8' (4,000 SF) white four (4) peaked white tent made of 16 ounce block-out vinyl fabric 2) Tent is to be installed for the period of May l5th through October 15"' of calendar years 2012 and 2013 (five months each year) on the patio area as designated. 3) Tent must be engineered for exacting wind load, occupancy, and code requirements. 4) Included with tent: o Four (4) aluminum 4" x 21' center poles, o Twenty-eight (28) 2" aluminum side poles, and o Thirty-four (34) 2" webs with ratchets 5) Interior and exterior of the tent must be white with no holes in the roof. 6) Tent to include sidewall 8' x 22' cathedral style windows on the east side of the tent (side closest to the parking lot). 7) Must be able to add/install sidewall 8' x 22' cathedral style windows to the three sides of the tent that are usually uncovered (to be an additional cost). 8) Install on/in the tent the following Stevens Estate owned accessories: o Four (4) chandeliers (one on each center pole) and twinkle lights around the perimeter of the tent, o Canopy on the walkway from the house to the tent, o Custom fabric on the four (4) center poles, and o Lace cords throughout the tent for electricity. 9) The company must maintain the tent throughout the rental period. The company will be responsible for removing the tent in anticipation of severe inclement weather (i.e., high winds, snow storm, hurricane, etc.) and re -installing the tent at no additional cost. 10) The company is responsible for obtaining proper permits. Permit fees may be waived by vote of Board of Selectmen. Town of North Andover IFQ Page 5 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate B. Dance Floor 1) Furnish and install a 16' x 24' (384 SF) wood grain vinyl portable dance floor 2) Dance floor is to be installed for the period of May 15 Ih through October 15 th of calendar years 2012 and 2013 (five months each year) under the tent with the specific location to be determined by the Stevens Estate Director. 3) Dance floor must be built for use outdoors with I' vinyl square tiles mounted on an exterior grade moisture resistant 1/4" plywood base. 4) The company must maintain the dance floor throughout the rental period. The company will be responsible for removing the dance floor in anticipation of severe inclement weather (i.e., high winds, snow storm, hurricane, etc.) and re- installing the tent at no additional cost. 6. Evaluation of Quotes Quotes will first be examined for their responsiveness to what is requested in this IFQ. Responsibility of the bidder will then be ascertained. Finally, the aggregate price for the services required by each responsive and responsible bidder will be calculated for the full period of the proposed contract. The Town is required to award the contract to the lowest responsive responsible bidder. N Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All services that are the subject of the bid must meet the minimum standards and Scope of Services set forth. 0 Re�ponsibilijy Bidders must demonstrate that they meet the following measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Specifications and Scope of Services. The Town may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The Town of North Andover will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFQ. Additionally the Town of North Andover will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. Town of North Andover IFQ Page 6 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate The Town of North Andover is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. 7. Tenn of Contract The Town of North Andover is seeking to award a contract to furnish and install a seasonal tent and dance floor for calendar years 2012 and 2013 at the Stevens Estate located at 723 Osgood Street, North Andover. Town of North Andover IFQ Page 7 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the full period of the proposed contract. All prices are to remain firm for the duration of the Contract. Calendar Year 2012 A. Seasonal Tent 5 months /mo B. Dance Floor 5 months /mo Calendar Year 2013 A. Seasonal Tent 5 months /mo B. Dance Floor 5 months /mo GRAND TOTAL $ Business Name— Business Address Business Phone Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFQ Page 8 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate Town of North Andover CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: Fax Number: I . This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 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 Town of North Andover IFQ Page 9 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 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) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. 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. 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 SubContractor: 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. Tenn 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 , 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. 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. In the absence of appropriation, this Town of North Andover IFQ Page 10 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate Contract shall be immediately terminated without liability for damages, penalties or other charges. 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. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract 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 perforinance 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, 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 Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. Town of North Andover IFQ Page 11 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 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. Statutoly Compliance: 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 General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws 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, this Section shall be understood to 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. 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 Town of North Andover IFQ Page 12 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate discovered in the Drawings, Specifications 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 him 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 Chapter 268A), 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. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or 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 Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. 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 Chapter 15 1 B (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. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against 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. Town of North Andover IFQ Page 13 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 16. Colporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate 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, Chapter 181, Sections 3 and 5, 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. 17. 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. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, 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 perforined, 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 misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers ComDensation 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. Town of North Andover IFQ Page 14 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 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 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 before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. 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 Chapter 66A of the General Laws of Massachusetts as it 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. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. 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. 21. 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. Town of North Andover IFQ Page 15 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 22. PMnent 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. 23. 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 Agreement, 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. 24. 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. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof This paragraph shall not be construed to limit any other legal rights of the parties. 25. 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 0 1845. 26. 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). Town of North Andover IFQ Page 16 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate 27. 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. 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "SlIpplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFQ Page 17 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THETOWN Division/Department Head Contract Manager Town Manager Date APPROVED AS TO FORM: Town Counsel Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFQ Seasonal Tent & Dance Floor Rental — Stevens Estate Date Date Page 18 of 22 SUPPLEMENT 64S99 This form supplements the general provisions of the Contract between the Town of North Andover, and , which Contract is a contract for the procurement of services. "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. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. 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 Chapter 15 1, § 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 Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 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. 5.4 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. 5.5 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 Town of North Andover IFQ Page 19 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 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. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, 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) brought or recovered against them 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 Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly 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 misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel Town Manager I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Department/Division Head Town Accountant THE CONTRACTOR: Date: Town of North Andover IFQ Page 20 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of pe�ury 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 Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I , authorized signatory for Name of individual Name ofcontractor do hereby certify under the pains and penalties of pe�ury 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. Signature Town of North Andover IFQ Seasonal Tent & Dance Floor Rental — Stevens Estate Date Page 21 of 22 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said 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) (Clerk) Town of North Andover JFQ Page 22 of 22 Seasonal Tent & Dance Floor Rental — Stevens Estate Michael Parkin Exeter Events and Tents 3 8 Portsmouth Avenue Exeter, NH 03833 Frank Petersen Petersen Party Center, Inc 139 Swanton Street Winchester, MA 0 1890 Kelly's Taylor Rental 161 State Street Newburyport, MA 01950 Baystate Tent and Party Rental 150 Lorurn Street Tewksbury, MA 0 1876 6 ($est. T886 THE STEVENS ESTATE Special Event & Conference Center Specification for the Tent/Rentals 2012 Tent: Z /One (1) 40'x100'x8' White four (4) peaked white tent made of 10 oz white block out vinyl fabrics Ins/tall of the Stevens Estate custom lighting. Four (4) chandeliers one on each center poll and twinkle lights around the perimeter of the tent (the Stevens Estate owns all the custom lighting). ;In4all of the Stevens Estate's canopy on the walkway from the house to the tent (attached to the house, the Stevens Estate owns the canopy) stall of the custom fabric on the four (4) poles inside the tent. (Stevens Estate owns the fabric) Install and laces Stevens Estate cords thought the tent for electricity Tent must be engineered for exacting wind load, occupancy and code requirements /1�ptluclecl with te . nt; forty (4) aluminum 4" x 21' center poles, twenty eight (28) 2" aluminum side poles and thirty four (34) 2" webs with ratchets ,,T4e interior and the exterior must be white with no holes on the roof of the tent I clude will be sidewall 8' x22' cathedral style windows installed on the East side of the tent which is the 1�p side closest to the parking lot The company must maintain the tent throughout the rental. Removal of the tent in severe inclement weather at no extra costs (i.e. hurricanes, snow storms, high winds, ect) Must be able to add sidewall 8' x22' cathedral style windows installed to the three sides of the tent that are usually uncovered (additional costs for the extra sides) Dance floor: ,One (1) 16' x 24'wood grain vinyl portable dance floor (384 square feet) Must be built for use outdoors I'vinyl square tiles mounted on and exterior grade moisture resistant %" plywood base All materials must be able to withstand most environments The company must maintain the dance floor throughout the rental. Removal of the dance floor in severe inclement weather at no extra costs (i.e. hurricanes, snow storms, high winds, ect) oo/ he dance floor will be installed under the tent with the location to be determined by the director upon arrival Other Rental needs will be (by not limited to): Plastic folding chairs/ bright white with metal legs Plastic or wooden folding garden chairs with padded seats. Must be available in wood finishes and white. Chivari style chairs made of polycarbonate resin and must be available in white, black, natural wood, cherry wood, clear and gold. With a 16 inch seat and cushions in a variety of colors that Velcro or tie to seat of the chair 30" round tables that are 42" high. Top made of wood or plastic and the base must be made of metal. Heaters for the tent: 170,000 BTU/HR (Propane) with 40 pound tanks. For use outside only and includes any special permit fees for the propane. Large metal pedestal fans that have oscillating ability. For use in the tent only. All prices must include delivery and pick of items. THE STEVENS ESTATE Special Event & Conference Center Specifications for Tent/Rentals I 40'X I 00'X 8'GENESIS TENT, WHITE (4,000 SF) I INSTALL STEVENS ESTATE LIGHTING (chandeliers and twinkle lights) I INSTALLS the Stevens Estate Canopy on walkway (attached to the tent) I INSTALLS the custom fabric on the polls I APPROXIMATE PERMIT FEES I HANGS CUSTOMERS LIGHTS & LACE CUSTOMERS CORDS I DANCE FLOOR: 16'X 24'WOODGRAIN (384 SF) 7 SIDEWALL: 8'X 22'CATHEDRAL WINDOW (installed on the East side of the tent, parking lot side) Must maintain tent throughout the rental. Removal of the tent in inclement weather at no extra costs. Other rental needs will be (but not limited to): White Samsonite Chairs Garden Chairs Chivari Chairs 30" round high top tables 2 HEATERS: 170,000 BTU/HR (PROPANE) 2 FIRE EXTINGUISHER (7LB ABC) 4 PROPANE: 40 POUND TANK (OUTSIDE USE ONLY) I APPROXIMATE PERMIT FEES* (PROPANE ONLY)* Large Fans Additional Sidewall- Cathedral Style with windows