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HomeMy WebLinkAboutContract #: 1282 - From: 02-03-2020 To: 06-30-2020 - GovHR - Town Manager TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: 0\`_a Contractor Legal Name: Town Department Name: Gov HR USA Town of North Andover Contractor Mailing Address: 630 Dundee Road, Suite 130 120 Main Street Northbrook, IL 60062 North over, MA 01845 Contractor Vendor ID: Project Cost: $30,500(inclusive of$3,500 for expenses) 6" elm/ Payment Terms: $5,400 upon distribution of salary surveys,$10,800 upon completion of employee interviews, $5,400 upon receipt of draft report and $5,400 plus expenses due after project completion. Contract start date: Contract End Date: February 3,2020 June 30,2020 Description of Scope(Attach support documentation) To conduct a Classification and Compensation Study for the Town of North Andover's non-union positions in accordance with the terms of the Request for Proposals dated December 23.2019 and GovHR's Proposal dated January 9.2020.The terms of the RFP and the Proposal are incorporated herein and shall become part of this contract. Approved as to the availability of ALL REQUIRED DOCUMENTS AGREES TO PROVIDE THE appropriations ATTACHED GOODS OR SERVICES AS INDICATED IN ACCORDANCE In the amount of WITH THESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS :7n.aDlrector: Department Head: Contractor: I I Signature % - Signature S')a'ne� af tRo r _It e. Date: A�' Date: Date: C3,0 TownTown Manage 7 Town Counsel: Signature Signature Date:----. il Date: A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/O 1/2 20 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER NAME:CT NAMESeI@ct Commercial Assurance Agency,Ltd. PHONE IF A71 20 North Martingale Road 84T 797-5700 c'_y9:JM7 440-9133 SuiteEL 100 ADDRIESS: select assurances enc .com Schaumburg IL 60173 INSURER(S)AFFORDING COVERAGE ENNAIC10 INSURERA:Everest Insurance Co INSURED _._ GOVHUSA-01 INSURER B:Uo ds of London _e... _..__. ._ GovHR USA,LLC ovTmps USA,LLC INSURER C:Hartford Underwriters 30104 630 Dundee Rd INSURERD: #130 INSURER E Northbrook IL 60062 tNSURER F COVERAGES CERTIFICATE NUMBER:942533128 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 AD L BURR POLICY EFF POLICY P TYPE OF INSURANCE INSO wVn POLICY NUMBER (Mworgym adillegam LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 91MLOO1668191 7/7/2019 717r202O EACH OCCURRENCE $I=0,000 CLAIMS-MADE E OCCUR ?REM S' a T ( m e a $1 e000,000 ME EXP(Any one person) $10,000 _ PERSONAL 3 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIESPER - GENERAL AGGREGATE $2.000,000 POLICY 0 JETO. LOC PRODUCTS-COMPIOP AGO $2,000,000 ...... OTHER: $ A AUTOMOBILE LIABILITY Y Y 91ML001668191 717 19 717/2020 CEOaMBINED SINGLE LIMIT $1,0 ._ accAgntj ANY AUTO BODILY INJURY ) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ X AUTOS ONLY X AUTOS ONLY P r a ant $ $ A X UMBRELLA LIAR CUR 91CU001265191 7/7/2019 7/7/2020 EACH OCCURRENCE $4,000,000 E XCESS LIAB CLAIMS-MADE AGGREGATE $4,000.000 I X RETENTION $ C WORKERS COMPENSATION 6S60UB2E15495I19 4 019 4/9/2020 X PE T.. TH AND EMPLOYERS'L ILITY ANYPROPRIETORIPARTNERIEXECUTIVE Y- NIA E.L.EACH ACCIDENT $1'000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000„000 If es,deacribe under ._ DE SCRIPTION OF OPERATIONS betow E.L.DISEASE-POLICY LIMIT $1,000,000 A Cftm 91CR000639191 71712019 W7/2020 Llmit.100,WO Deductible:1,000 B Cyber Uabl ES1011178862 W7/2019 7/7/2020 Aggregate:250A00 Deductible:2.500 A ffmpIWff*r1%&dkxa UaWlty 91MLOO1668191 7/7/2019 7/7/202O Oceurenee:1400,000 Agg.:1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 10t,Additional Remarks Schedule,may be attached N more space Is required) Professional Liability-Everest Insurance Co.-91 ML001668191-Effective 7/7/2019 to 7/7/2020.$1 M Occurrence.$2M Aggregate. Workers Compensation and Employers'Liability:Any Proprietor/Partner/EXecu v@ 1cer/Member,as listed on the policy,Is excluded. It is agreed that the Certificate Holder is Additional Insured,when required by written contract,on the General Liability with respect to operations performed by e Named Insured In connection with this project, CERTIFICATE HOLDER CANCELLATION 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 NorthAndover 120 MainStreet AUTHORREDREPItESEtITATIVE North Andover, MA 01845 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD TOWN OF NORTH ANDOVER STANDARD CONTRAcr GENERAL CONDITIONS' Article 1. ,Definition of TWM—S. The following terms in the Conti-act Documents shall be construed as follows: 1."Town" ,all mean the To of North Andover,Massachusetts 2. "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 To as unacceptable and including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's Price Proposals,Perform ance Bonds,which documents are incorporated herein by refkrence. 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. 1"Contractor'"shall mean the individual,partnership,corpiaution or other entity to which this Contract is awarded. Article 11. 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 fro To premises or work sites and replace all individuals in the Contractor's employ whom the To deten-nines 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 To 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 111.Time of Performance:.The Contractor shall commence work immediately upon execution of this Agreement. If the Contractor fails to work at a rciLsonable speed or stops work altogether without due cause,as determined by the Town,the To 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 I . Revisions in the Work to be Performed: If the To requires revisions or other changes to be made in-the seope-or-eliaraeWofthe-work to be.-Perform� tllw-l�)wn-wi4I premptly 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 To 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 V1. Ownership and Confidentiality of Material,Work Pr9dgj1E._ All information,data,reports, studies,designs,drawings,specifications,materials,,computer programs,documents,models,inventions,equipment, and any other documentation,product of tangible inaterials 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 To and the Contractor must provide such Materials to Town within ten.(10)business days of theTown'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 Prcliect at any time and from time to time, The To 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 pennitted 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 These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt good and services. 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 To 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. ArticleV111. IndeLunificalion:_. 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 emission of the Contractor,its agents, officers,employees,or subcontractors in any way connected to this Agreement. The Conti-actor agrees that it shall be solely responsible for the conduct,health,and safety of its employees during the to of this contract and shall hold the Town harmless for any injuries,damages or losses incurred by its employees while working on this prqject, The Contractor's agreement to indernnif`y the To 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 pro&ssional 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 AnigImSat- The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town, Article I. 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 To and the Contractor. The Contractor shall have no capacity to bind the To in any contract nor to incur liability on the part of the To and if the Contractor employs or proposes to employ any person during the to of this contract,the employment or proposal shall not obligate the Town in any manner to any such employee, Article X11.Comnliance with Laws and Contractors RespCa t!il L_on tigm-, 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 6ffi0T6Ye6_­_1 - .1-11 1.—,1111RI.,I e 165ffleff ir I- -1.1, -- or app icon,''or ,age,coor,re igiou scrie'ed's'ex u'a''J"ofic n is",flo",h ................ 'I lediiiiielff fbec 01 identification,handicap,ancestry,scm or national origin, 1.7he Contactor will in all solicitations or advertisement form employees placed by or on behalf of the contractor, to 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.27B,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 Wevailing 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 Docurnents, The Contractor may not use subcontractors not named in the Contruct 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.C.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.I..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, 2 Article X111. Severability. In the event any provision of this Agreement is found by a court of appropriate 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 V. Governinp-Low and Jurisdiction: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Anv 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. 3 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that our 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 Id 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 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 To of North Andover, relating to taxes,pennit or other fees,reporting of employees and contractors, andwitliholding and remitting child support. �46 n tore .............. .......... S. Date ACTION OF THE MEMBERS OF GovHR USA,LLC BY -RIMN CONSENT The undersigned,being the sole Members and duly elected Managers of GovHR USA,LLC,an Illinois Limited Liability Company,hereby waive all notice of meeting,and consent,In writing,without the necessity of a meeting,pursuant to the authority of the Illinois Limited Liability Company Act and the Amended and Restated Operating Agreement of the Company,to the following actions: RESOLVED,that JUDITH SCHMITTGENS,Compliance and Client Relations Manager of GovHR USA, LLC be and hereby Is nominated as Secretary of the Company,with the power to sign proposals, contracts,certificates,forms and other documents included in Requests for Proposals and Requests for Qualifications to which GovHR is responding,or otherwise required by clients,businesses and others with whom GovHR does business,and further, RESOLVED,that any such documents signed by JUDITH SCHMITTGENS as Secretary and authorized agent of GovHR USA,LLC,shall have the same authority and ability to bind the Company as If signed by the undersigned Members of the Company. DATED as of this 24th day of August,2018. - V' Meirl�_lh Joel Cademartorl Eari