HomeMy WebLinkAboutContract #: 1415 - From: 01-01-2021 To: 12-31-2021 - Fleetmasters Sales and Service - Fire TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO: „ ,6
ContractorLagal Name: Town Department Name:
Fleetmasters 'Town of North Andover
Contractor Address: Ma ing Address:
71 Glenn Street 120 Main Street
Lawrence,MA 01843 North Andover,MA 01845
Contractor V ID: Rate(if applicable):
23739 Not to exceed$50,000
Contract start date: Contract End Date:
January 1,2021 December 1,2021
Description of Scope(AtiFm&support documentation)
Provide repair of Fire Department vehicles at a rate of S 128.00 per how
Contract Signatures:
Approved as to the availability of ALL REQUIRED DOCUM AGR ES TO PROVIDE THE
appropriations ATTACHED GOODS OR SERVICES AS
INDICATED IN ACCORDANCE
In the amount of WITH THESE CONTRACT
DOCUMENTS AS DEFINED IN
i THE NORTH ANDOVER
STANDARD CONTRACT
GENERAL CONDITIONS
Fl ce Di OVartinent He'd: Co ' ctor:
Si Signature Signa
Title:
Date: Date: � °° . '/ Dete: 1°.4
Town Manager: Town Ca
Si curt gnature
I W-L
Date: Date- 1
To-*vN of No ANDovsR
STAmDARD CoNTRAcT GcNERAL CONDMONS'
Article 1. The following terms in these Contract Documents shall be construed as follows:
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1.IOXWWI shall mean the Town of North Andover,Massachusetts
2. "Contract,Agreentent,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 Contact Certifications and Applications
excluding any language stricken by the Town as unacceptable and including any negotiated statements of work contemplated by the
solicitation,Technical Proposals6 Contractor's Price Proposals,Performance Bonds,which documents are incorporated herein by
rcierence, 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 die Town's standard contract general conditions which shall preempt all other submittals.
3."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contact is awarded.
Article 11.ftdg=1uL 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 dewirtines to be disorderly,careless or incompetent or to be employed in violation of the
terms of this Contract Perfbrmance under this contact 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 M.EU1LgLfX&UUUC,,The Contractor shall commence work immediately upon execution of this Agreement. If the
Contractor fails to work at a reasonable speed or stops work altogedw 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 Contact. This
Agreement may be extended or renewed upon agreement of the parties and only upon execution of written agreement,
Article IV. . If the Town requires revisions or other changes to be made in the"a 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. Tine Contractor shall make the necessary changes only upon receipt of a written
acceptance of the costs and a writim 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. Raymal for ftulrA; The Town shall make payment to the Contractor as on the schedule and based on the milestones
and deliverables at forth in the Contract Documents or on a periodic basis.
ArtkkVL All information,data,reports, dies®designs,
ftwings,specifications,materials,computer programs,doctuncam models,inventions,equipmeaL and any odw documentation,
product of tangible materials to the extent authored or prepared pursuant to this Contract(collectively,the"Materials"),shall be the
pro"of the Town. All Contractor proprietary rights shall be detailed in the Contract:Documents. At the completion or
terntination 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 7bwn 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 projecL The Town agrees,to the extent permitted by law,to hold the Contractor harmless from any
clainv6 losses arising out of any use or changes to the Materials by the Town or its representatives during any other construction not a
pad of this contracL The Contractor shall not use such materials for any purposes other than the purpose of this Contract without prior
written consent of the Town.
Ar"VII. le of'Y'onvn: The Contractor grecs that acceptance of what the Town tenders as the final payment for final
services under tins Agreement it 11 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. Jfi"fiUJjAdglkL 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 agree&that it shall be solely responsible for the co~duct,health,and safety of its
employees during the term of this contract and shall bold the Town harmless for any injuries,damages or losses incurred by its
employees while working on Oda pa4ect.
Ilie Contractor's agreement to indemnify the Town"I 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 TX JUSMUL- The Contractor shall secure and maintain insurance adequate to meet it's obligations hereunder and shall
These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L c.308 or for exempt good and
servIces.
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 S 1,000,000.00 per occurrence,
.00 aggregate with a maximurn deductible of$25,000.00.
Article X.A111gliglUaL The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the
prior written consent of the Town.
Article X1. All services to be performed under tie terms of this contract will be rendered by the
Contractor as an independent Contractor. None of the terms of this contract shall create a principl t,master-servant or
anployer-employce 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 manna to any such employee.
Article X1I. 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 swilial orientation or identification,handicap,ancestry,sex or national origin. The Contactor win 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 I.Abor Standards,the
Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M°G.L..c, 149,a.
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 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
y and all other applicable laws.
The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract Docuinents 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 aid materials contracted by it,if any,and for the rental of
any office space,equipment or machinery hired by it,if y,for and on account for the services to be pe&nned hereunder. The
Contractor shall not take any action that causes any public official to be in violation of the State Ethics Law:,.'NLG.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 judgemerkt,
administrative citation,order for violation of M.G.L.c. 149,s. 151 or the Fair Tabor Standards Act within three years prior to the date
of the contract. The Contractor certifies that it has not declared bankruptcy.
Article X1II. 3nAbinty: In the event any provision of this Agreement is found by a court of appropriatejurisdiction to be
unlawful or invalid,the remainder of the Agreement shall remain and continue in full force
Article XIV. °r' gij a Agreq nt: The Town may terminate this Agreement upon immediate written notice should the
Contractor fail to pe substantially in accordance with the terms of the Agreement with no fault allnbutable 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 tie 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 AgreemcnL Tim 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 perforriled.after the effective date of termination,and under no r
circumstances shall the total price exceed the contract price.
Article XV Gg= i This Agreement shall be governed by the laws of the Commonwalth of
Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court in the County of Esm,
Commonwealth of Massachusetts,which shall have exrAnive jurisdiction themE
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