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Home My WebLink AboutContract #: 1430 - From: 04-29-2021 To: 10-25-2021 - Peak Event Services - Stevens Estate TOWN OF NORT14 ANDOVER STANDARD SHORT FORM CONTRAM'DWMiNT CONTRACT NQ Contractor Lepi Name: Town Dqxrtment Nimic- Peak Event Servim Town of North Andover iiri�tor r';W. Mailing Addrew, 36 Cabot Read 120 Main Street Woburn,MA 01801 No Aadover,KA 01845 co Wi ila—v t;;Ve-lid,—or i D-,—: Rate ofsw )' w. Not to exceed$25,340.00 To-n—tract saaWTat`e"'- —C`ont"'—d`F-jW—Date. 04/29/2021 10/25/2021 of Scope(Attach suppoit documentation) $cc attached Proposal Contract Signatw=, Approved as to dw swilability of ALL REQUIRED DOCUMTNTS AGRFX.S TO PROVIDE THE approprisfions ATTACHED (K)ODS OR SERVICES AS MCAT ED IN AMMANCE In dw amount of WrM TMSE CONTRACT DOCUMNTS AS DITMED IN �NOWTH ANDOVER STANDARD CONTRACT MMMAL COMMONS Title- -pate. 24 Tow)4 Manager. Town Counsej. P\ Lure turc DatL*. 11 DWI: .......... To Olt Nowni ANOovcit STANDARD CONTRACT GENERAL CONDITIONS' Article L The following terms in thew Contract Documents shall be construed as follows: 1.""Town""Towwm"sltaf1 mean the Town of North Andow.Massachusetts 2. "Contract,Agmentout,and Contract Doetumento""I include the Town"s Standard Ckratract General Conditions,the invitation for Bids,Requests for Proper 01%or 06w salicitaio� e contractors response including Contract Certifications and Applications excluding any laugu4ge stricken by the Town as unacceptable mid including my negotiated statements of work contemplated by the solivivition,Tochnical Proposals.Conbactar's Price Propwals,Perforn mar ce Boula,which documartits on incorporated harcia by refcreace. Any confliat between the'Tow n's standard contract general conditions and the Contractor's bid proposal or any other submission will be resolved in favor of the Town's standaM watitict general conditions which shall preempt all other subirtiftals. 3."Contractur"shall mean the individual,,partnership,corporation or oOw entity to which this Contract is awarded. Article 11.jgL(VUUWM 'The Contractor shall provide the savkAm to undertake and perform,all appropriate tasks described in the Contract Documents. The Qwnt "tor"I upon written request remove from Town promises or work ekes and replace all individuals in the ConineWs emplay whom(be town determines to be disoodedy. careless or incompetent or to be employed in violation of the ter ins of this Contract. Performance under this contract shall include mvicet;renderecL obligations dwe.cow incurred Scrod and deliverable proved ans!acceptexi by the Town. The Town shall have a reasm,able opportunity to inspect all goods and deli servioes performed by and work product of the Contractor and accept or rtect such gpo4 deliverables services or work prWttct. Article Ill.' Mg The 00ractor shall commence work immedistely upon accution of this Agreement. If the Contractor fails to work at a reasonable speed orstaps work ahagailter without due cause,as deterinmed by the To the Town may give notice in writing to proceed with the work or to entry on more sperAily. Three days after presentation of the notice if the work is not prmcerfing to the satiat"on of the Town, the Contractor shall be considered in default in the paribrinance of the Conlmct. This Agreement WAy be CNICuded or renewed~part agreement of the parties and only upon execution of written agreement. Article IV. in the Work,ig be Perforated: If the Town requires revisiow or other changes to be mode in titemope or character of the work to be perfontied,the rown vvHl promptly notify Coutractat.For any changes to the scope of work,the Contractor shall notify the Towit of associated ctau in wrifing. The Casa for shall make the necemary changes only upon receipt of a wrifto acceptance of the ams and a wrium request from Town. roe Contmetor shall not be compensated for any services involved in preparing changes that am required for additional work that should have been anticiinnod by Contractor in preparation of the bid docuinents as nable determined by die Town. Article V. jgL§SCXL%V The Town shall make pay tat to the 0ratractor as on the schadule md based on the ease lestorux,and deli verableq set forth In the Cori tract Documents or on a periodic basic. Article VL ad Gliard Ali infiwitiation,data,vqxwK studi d*Agns,druwin&%,,.qxcirvcaflon&inateri ,comptoev programs.documents,rnodcl&inva-utiona,equipment, and any other cl(xumentation,product of tangible materials to tic oxtent,authored ca°prepared pursuant tolids ControvA(collectively,the"h4marials"),WWI br the pmperty,of the Town. All Contwvv�proprieuny right% all be detailed in the ContractDwuntents. Ai the,compfetion or termi"tion of this Contrast copits of all anginal Materials shall be promptly turned over to the Town.Owe the Town bras paid for a particular Material.awrimship veas in Town and the Contractor nuist provide such Motorists to Towa%ithin ten(10)buslae"days oftlis Town's requem fbr the manic without ccat to the Town. The Town,may use the NUterials with respect to ermstructitin, maintemarce,repair,ah"ian,expansion,modification and remistruction of the Prqed at any time and from Onto to time. Tim Town may use the Materials produced,generated or compiled by the Contractor for another pn4ect, provided the Corunclw shall not be responsible for changes made to the&swinp,plans,or specifloodotswithout the Contractor's autlitorcration,nor for the Town's toe of the dnAwhip,plans or specifications on another pwiect. The Town agreu,to the extent permitted by law,to hold the Contractur harmless frorn any claims,losses a4slas out of any use or changes to the Materials by the Town or its represetuafives dining any other construction not a part of this contract The Contractor shall not use such matetials for any purpow odw,than the purpose of this Contract Then Stan&rd Contract,Gcneral Cnuffitroug apply to con is procured pursuant to M.01.c.30B of for excropt good and services. without prior vAiften consent of Me Town., Article V111. R*xso a,(Town. The Contractor agrees that acceptance of what the Town tensions as the final Paymelo for final services under this Agmanotit shall be deerned to ralease of the Town fOrever ftm all claims, demands,and liabilities arisingfituit,out o&or in anyvay cannected with this Agreement, The Cmiractor"I execute a release if asked to by the Town, Article VM. fodS,a eat ee 'The Conimdor shall indannify,aefend and hold harmlew the Townand 411 of to offictus,agents and employees,with counsel acceptable to the To from all suits,c1shns.demands,losses and liabilities brought against them orb upon or arising out ofany W or omission of the Contractor,its agents, officers,ernployees,or subcontractors in my way connected to We Agreetnew The Contractor agless that it shall be solely responsible for the conduct,health,and afty of its amployow doling the term oft, contract mad shall hold the Town harmless for any 41juries,damages or losus iticurred by its employs es while rWas on this project. The Contracu r's marement to indemaW the'rown shall not be deemed to be released,waivcd or modified in any respect by reason of any surety or,insurance provided by the Ovitractor uWar the Agreement. Artick IX. LWMEqUM Tbe Contractor shall secum and maintain insurrivice a*wne to meet its Obligations hereunder and shall provide the Town wilb cerfificatiott of stamp.The,Cminictor shall at its own expense maintain motor vehicle liability insurance policiet,workers compossation,and general liability covarap.For Confmcs thr prof eriot ial gairices,the Contractor shall carry prolossional liabitity or Errors and Omissions liability insurance with a trunimum limit of$1,000,000,00 per=unvince.S2,000,000.00%wegate with a maximum deductible of $25,000.00. Article X.A1dgAMgI1L._ The Contractor stall not waigri,irmster,dole pte or subcontract any interest in this Agreement without the prior wriften consent of the Tovm Article)a. Relationshin with the Town: All services to be perfionned under the terms oft " ill be rendered by the Contractor as an independent Contractor. None of the tem of this contract awl erase a prmciple� agent,nwoer-servant or employer-employet rchnionship between the Twn and the Contractor. The Contractor shall have no capacity to bind the Town in any contrast nor t®incur liability,on the part of the Ton m And If&a Ourtracfor employs of proposes to employ any Person during the term ofthis commcf,.the employment or prop shall W obligate the Town in any manner to any such employee, Article X11.!QQ=h8Et ' It "I ", "I'll ;r 11 aHXfM9=*Wg; The Contractor cartifies that It and its Kubcorlimclors has compiled with a]I applicable laws and is eligible to work in the Counnonweidth of lolessaciltuwAts and that it is in compliance with Federal and State Tax laws. The Commetor shall not discrinnAme aphoo OAY employee,or applicant for enipwyniat because of age,colar,religious cmed sexual orientation or identificalion,handicap,ancestry,ses or national otWwri. Tire Queactor will in all solicitations or advertisement form employees placed by or an behalf of dic contruttw,suite that all qualified applicants.Will reWvt equal consideration for enWloyment,without rcgW to ram age.Polar,religious c sexual orientation or,idenification, hmiclk.ap,anoodqwx car imlionalotigiii. If applicable.am detained by the Mostichawits Department of Labor %landards,the Contmetor fall comply with the Massitchusdis Prevailing Wage an shall cause its subcontractors to comply with M.GL c. 149,s,278.which rcquirim that a true and accutatc YvaW,be kept of all penion employed an a project for which the prevailing wage raws orc requires. The Cmunictor sluilt and shall cause its Subcontracts"to submit weekly cWies or their weekly payroll rectlrds to the LIty,the extent the Prevailial Wap is appficable, If an employer,the,Contracwt cedifies compfivice with applicable state and federal taiploymat,laws and 1wilations,including but not fiat ad to mininturn wages&W prevailing wages programs and payments, unemployment insurance and contiributious,workers compensation and insurance,child labor laws,human tralfickitig,fair labor pmticas,civil tights lawe,non-discrimination laws and any and all other applicable laws. TU Contractor agrees to be responsible fa'w and warranty ft Nwik of its subcontractors liked in"conliza fk,ocuments and to ensure their compliance widt all applicable IcS4 quality and per urmance requirciftats of the Contract Docurnonts. The Contractor noy not use subcontractors,not named in the Conn act Documents willum the prior written consent of Town,which will not unreasonably be withheld. The Contractor agrecs to pay&U debts for labor andlor servim and materials,contmetad by it,if any,and for the rental of any office space,equipment or machinery hired by it,if my,for and on account for the servim to be,performed kercunder. The Contractor shall not to any action dw causes any public,official to be in violation of the State Wes Law,M."0.26U- The Controalm certifies that It and its subcontractors are not currently debarred or suspended by the ILS.#Pvarnmant, the Commonwealth or any of its subdivisioni4 and the it nor any of its subcovitraMrs have been wbicat to a Cod" or state criminal ar civil judgeirtent,wiministrative citation,wder for vialation 40H.G.L.c. 149,N.r 151 or the Fair Labor Siandards Act writhm three yews prior tot date of the commet. The 0muractor cerlifics that It has not declared bankruptcy. 2 Article)all. §IUMWkW In the event any provitimm of We Agreemcot in found by a court of aptittVdate jurimficlion to he unlawful or invafitL the rentainder of the Agreement shall remain and confinac in No firtse and effect. Article XIV. The Town my terinium Ws Agreement upon intmadiMe Written Wiec$boUld the CWWWtor fail t-o-,P--e'-(--form substantially in acconhince with the to of UWASPeement with no fauk attribuLable to the other. In the event of a rallure to amserially partona by the Contracwr the notice ofsuch brerA- ail be accompanied by the astate of the failure,and the Town"I set a date at least 10 days later by wWch Contractor shall cure the Mum. N die Contractor Us to etwe within the time as my be required by the notim the Town may at its opfice,tenninate the Agreenterit. 71w Town may terminate this agreement vriidvout cauw at any dine.effective seven daya beyond a termination doe stated in a written notice of torl"i"aflom to the cvant of teratituition,the(Aintracum"I be tiara pensitted fix work primfuct,and services performed prior to the date of tortairtation, In no everd sWI the Contractor be entitled payment Ibr any warvices perfortned after the effmOve date of torminatitm,and under no-orcumstances shall the total price exceed the contract pdav Article XV. '• 11--,WR"M kW 17his Agreenwat shall be governed by the laws of the Commonwealdt of MassachuMtad Any actions"ing out of this contract shall be brmight in a Age Pr Waal court in the Cminty of Essex,Commonwealth apt Mao=husgtt%which shall have malusivejudWirfion therwif CERTIFICATE OF NON-COLLUSION The undersigned n certifies under penalties of perjury out bid or proposal has been made and submitted in good faith and without collusion or fraud withperson. As used in this certification, the word '*rson" shall mean natural person, business, partnetship, corporation, con'ttec, unio%club or other orpinization,entity,or group of individuals. u MAIL A raffia w Print Narna Till Thle Compay Name, CERTIFICATE C)1b PIJANC E Pursuant to Chapter 62C Qf the Massachusetts a Laws,So.-tion 49 ),I � � authorized si to r o hardy cc-tify under the Pains and penalties of perjury t said contractor has compliedi all laws of the Conurionwealth of Mas"usetts, e Town of North Andavar, r to taxes,permit or rather k4s,reporting of amployeas and conliwtors,and withholding and remitting child support. dipDate 4