HomeMy WebLinkAboutContract #: 1444 - From: 07-15-2021 To: 06-30-2022 - Patriot Properties, Inc. - Assessor TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO:
Contractor Legal Name: Town Department Name:
Patriot Properties,Inc. Town 0 of North Andover
Contractor Address: Mailing Address:
123 Pleasant Street 120 Main Street
Marblehead, MA 01945 North Andover,MA 01845
Contractor Vendor ID: Rate(if applicable):
20214 Not to exceed$25,600.00
Contract start date: Contract End Date:
July 15,2021 June 30,2022
Description of Scope(Attach support documentation)
Data verification for commercial properties per the attached proposal dated November 19,2020.
Contract Signatures:
Approved as to the availability-of ALL REQUIRED DOCUMENTS AGREES T 0 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
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PROK.RTIFS, INC,
TOWN OF NORTH ANDOVER APPROVAIL
William B. Mitchell, RMA, MAA, Chief Assessor
(978) 688-9566
wrnitchelI(cr),x�orthandoverma.�;ov
Data Verification—Commercial Properties:
A. Patriot Properties shall verify the following information for (512) of the Commercial
Properties.
Q✓ Patriot Properties will verify the exterior measurements and the exterior
information for each building and appurtenant structures.
Z Patriot Properties will attempt to inspect all buildings and verify the interior
construction.
Q✓ Patriot Properties will accurately update the interior use and sub-area detail of
each building to the satisfaction of the Board of Assessors. This information will
be used in applying the income approach to all applicable properties.
Q✓ Patriot Properties will provide data enter for all changes discovered into
AssessPro.
In consideration of the services to be performed by Patriot Properties, the cost to the town
of North Andover will be:
$25,600.00
APPROVAL:
The signature below by an authorized person indicates approval to purchase Services the items
listed above. Invoice for above items will be submitted upon completion of services.
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(Signature of Authorized representative)
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(Print Name and Title)
(Date)
TOWN OF NORTH ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS1
Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows:
1."Town"shall mean the Town 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,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.
3."Contractor"shall mean the individual,partnership,corporation 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 from Town premises or
work sites and replace all individuals in the Contractor's employ whom the To 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 To 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. lkyh1ons In e W - If the Town requires revisions or other changes to be made
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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 To 'Me
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 VI. OWne shin and Coliffidealiality of Mate".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 To has paid for a particular Material,ownership
vests in To and the Contractor must provide such Materials to To 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 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 permitted by law,to hold the Contractor harmless fi-om 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
I 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.
Article Vill. JLi4cmLmlr1c11Wjn-: 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 orb 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 to of this con 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 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 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. one 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 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 to of this contract,the employment or proposal
shall not obligate the To 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 Con or 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 it 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 minim urn 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.govenurrent,
the Commonwealth or any of its subdivisions,and that it nor any of its subcontrwtors,have been subject to a federal
or state criminal or civil judgement,administrative citation,or 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.
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Article XIII. 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 t O 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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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 fi-aud with any other person. As used in this
certification, the or "person" shall mean natural person, business, partnership, corporation,
committee, union,club or other organization, entity,or group of individuals.
Signat<ure Date.
MARKRARRELL.COO PATRIOT PROPERTIES, INC.
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
MAM HARRELL, COO, authorized signatory,for PATRIOT PROPERTIESv INC.
Name of individual Name of contractor
dohereby certify under the pains and penalties of perjury 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.
'§Ignature................... Date
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