HomeMy WebLinkAboutContract #: 1183 - From: 07-01-2019 To: 06-30-2020 - Real Estate Research Consultants - Assessor TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO:
Contractor Legal Name: To Department Name:
Real Estate Research Consultants,Inc. Town of North Andover Assessor
Contractor Address: Mailing Address:
1538 Turnpike Street 120 Main Street
North Andover,MA 01845 North Andover,MA 01845
Contractor Vendor ID:
9ZI
Contract Details:To provide personal property maintenance services for FY2020
Description of Scope(Attach support documentation)
See attached letter dated November 9,2018.
Begin Date: July 1,2019 End Date,June 30,2020
Rate: $ see attached Not to Exceed Amount: 14,500.00
Contract Signatures
Finance DirectorContractor Department Head
Approved as to the availability of AGREES TO PROVIDE THE ATTACH ALL REQUIRED
appropriations GOODS OR SERVICES AS DOCUMENTS
INDICATED ACCORDANCE
WITH THESE CONTRACT
DOCUMENTS AS DEFINED IN
THE NORTH ANDOVER
In the amount of STANDARD CONTRACT
GENERAL CONDITIONS
Si natur Signature
Date- Title: Title,
Date: Date:
Town Mahager: Town Counsel:
Date: Date:JL I
TOWN OF NORTH ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS'
Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows:
2."Town"shall mean the Town of North Andover,Massachusetts
3. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General
Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including
Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and
including any negotiated statements of work contemplated by the solicitation,Technical Proposals, Contractor's
Price Proposals,Performance Bonds,which documents are incorporated herein by reference. Any conflict between
the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be
resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals.
4."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is
awarded.
Article II.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks
described in the Contract Documents. The Contractor shall upon written request remove from Town premises or
work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly,
careless or incompetent or to be employed in violation of the terms of this Contract. Performance under this
contract shall include services rendered, obligations due, costs incurred good and deliverable proved and accepted
by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed
by and work product of the Contractor and accept or reject such goods, deliverable,services or work product.
Article III.Time of Performance:. The Contractor shall commence work immediately upon execution of this
Agreement. If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as
determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more
speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town,
the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended
or renewed upon agreement of the parties and only upon execution of written agreement.
Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made
in the scope or character of the work to be performed,the Town will promptly notify Contractor.For any changes to
the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make
the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The
Contractor shall not be compensated for any services involved in preparing changes that are required for additional
work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined
by the Town.
Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based
on the milestones and deliverables set forth in the Contract Documents or on a periodic basis.
Article VI. Ownership and Confidentiality of Material,Work Products: All information,data,reports,
studies, designs,drawings,specifications,materials, computer programs,documents,models,inventions,equipment,
and any other documentation,product of tangible materials to the extent authored or prepared pursuant to this
Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shall be
detailed in the Contract Documents. At the completion or termination of this Contract copies of all original
Materials shall be promptly turned over to the Town.Once the Town has paid for a particular Material,ownership
vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's
request for the same without cost to the Town. The Town may use the Materials with respect to construction,
maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time
to time. The Town may use the Materials produced,generated or compiled by the Contractor for another project,
provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without
the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project.
The Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims, losses arising out
'of any use or changes to the Materials by the Town or its representatives during any other construction not a part of
this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract
1 These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c. 30B or for exempt
good and services.
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without prior written consent of the Town.
Article VII. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final
payment for final services under this Agreement shall be deemed to release of the Town forever from all claims,
demands,and liabilities arising from,out of, or in any way connected with this Agreement. The Contractor shall
execute a release if asked to by the Town.
Article VIII. Indemnification: The Contractor shall indemnify,defend and hold harmless the Town and all of its
officers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands, losses and
liabilities brought against them or based upon or arising out of any act or omission of the Contractor,its agents,
officers,employees,or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall
be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall
hold the Town harmless for any injuries,damages or losses incurred by its employees while working on this project.
The Contractor's agreement to indemnify the Town shall not be deemed to be released,waived or modified in any
respect by reason of any surety or insurance provided by the Contractor under the Agreement.
Article IX. Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations
hereunder and shall provide the Town with certification of such. The Contractor shall at its own expense maintain
motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for
professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance
with a minimum limit of$1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of
$25,000.00.
Article X.Assignment: The Contractor shall not assign,transfer,delegate or subcontract any interest in this
Agreement without the prior written consent of the Town.
Article XI. Relationship with the Town: All services to be performed under the terms of this contract will be
rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle-
agent,master-servant or employer-employee relationship between the Town and the Contractor. The Contractor
shall have no capacity to bind the Town in any contract nor to incur liability on the part of the Town and if the
Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal
shall not obligate the Town in any manner to any such employee.
Article XII.Compliance with Laws and Contractors Responsibilities: The Contractor certifies that it and its
subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts
and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any
employee, or applicant for employment because of race,age,color,religious creed sexual orientation or
identification,handicap,ancestry, sex or national origin. The Contactor will in all solicitations or advertisement
form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal
consideration for employment without regard to race,age,color,religious creed, sexual orientation or identification,
handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor
Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to
comply with M.G.L.c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on
a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to
submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable.
If an employer,the Contractor certifies compliance with applicable state and federal employment laws and
regulations, including but not limited to minimum wages and prevailing wages programs and payments,
unemployment insurance and contributions,workers compensation and insurance,child labor laws,human
trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws.
The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract
Documents and to ensure their compliance with all applicable legal,quality and performance requirements of the
Contract Documents. The Contractor may not use subcontractors not named in the Contract Documents without the
prior written consent of Town, which will not unreasonably be withheld. The Contractor agrees to pay all debts for
labor and/or services and materials contracted by it, if any,and for the rental of any office space,equipment or
machinery hired by it, if any,for and on account for the services to be performed hereunder. The Contractor shall
not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L. c.268A. The
Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S.government,
the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal
or state criminal or civil judgement,administrative citation,order for violation of M.G.L.c. 149,s. 151 or the Fair
Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not
declared bankruptcy.
Article XIII. Severability: In the event any provision of this Agreement is found by a court of appropriate
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jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and
effect.
Article XIV. Termination of Agreement: The Town may terminate this Agreement upon immediate written
notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no
fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such
breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by
which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the
notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without
cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the
event of termination,the Contractor shall be compensated for work product and services performed prior to the date
of termination. In no event shall the Contractor be entitled payment for any services performed after the effective
date of termination, and under no circumstances shall the total price exceed the contract price.
Article XV. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court
in the County of Essex, Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof.
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�� Real Estate Research Consultants, Inc. 1538 Turnpike Street •North Andover,MA 01845
978-681-1991
November 9, 2018
Mr. David M. Hynes, Chief Assessor
Assessor's Office
Town Hall
120 Main St.
North Andover, MA 01845
Dear Mr. Hynes,
Real Estate Research Consultants, Inc. is pleased to submit this proposal to you
for the provision of our personal property maintenance services to the Town of
North Andover for fiscal year 2020.
Through the undertaking of these services, new personal property accounts are
identified and valued on an annual basis, thereby insuring the timely realization
of new growth dollars for your community. Furthermore, the current database will
be updated and provided to you. The benefits realized through the performance
of these services will more than outweigh the cost.
The services that constitute our annual maintenance program include:
1. The current data base is analyzed and all new accounts are identified
through the following methods:
A. A file matching process whereby up to date business listings are
matched with your current database.
B. A complete street canvassing is made of the central business districts.
C. All Forms of List and new business certificates are reviewed.
2. Data Collection and valuation is undertaken on every new account that is
identified.
3. Out of Business accounts are identified, verified and removed from the tax
file.
4. Applications for abatement will be reviewed, visited (if necessary) and
recommendations will be made.
5. New personal property growth will be provided in a growth report format, by
account.
6. Full telephone support will be provided relative to any personal property
questions or concerns.
7. New reports and an updated data file will be provided reflecting all account
activity over the course of the year.
Our cost for the undertaking of all services as listed above are:
Discovery and File Maintenance
9 days @ $600.00 per day = $5,400
Account Listing and Valuation
100 accts @ $56.00 per Account = $5,600
Wireless, Utility and Cable Review and Valuation $2,000
Total Cost $13,000
Additionally, the annual software support will be billed in June at the rate of
$1,500.00.
Should you have any questions or comments relative to the information as
contained herein, please feel free to contact me. I am also available to meet with
you at your earliest convenience.
Your consideration in this matter is greatly appreciated.
Ve truly yours,
r
Brian J. Pelletier
President
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