HomeMy WebLinkAboutContract #: 1456 - From: 07-01-2021 To: 06-30-2022 - Industrial Protection Services - Fire rOY,1N OF NORTI I ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO: 4
—-----To w—n--D-epartm---ent—Name--:-------.. ............
Contractor Legal I~larrre:
Industrial Protection Services,LIX North Andover Fire Department
.................. .......--.................... ..........................
Contractor Address: Mailing Address:
33 NorthWestern Drive 795 Chickering Road
Salem,Nil 03079 North Andover,MA 01845
—Contractor—Vendor E-. Rate(if applicable):
Not to exceed $Not applicable
0 n—t111 c t start date;' Co r i t' --r,-a d
-—ct—F-.r�—Bare;
7/1/2021 6/30/22
................................................................ ........... ................
Description of Scope(Attach support documentation)
Fire equipment �4kk
....................... ........
Contract Signatures:
............
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 T14ESE CONTRACT
DOCUMENTS AS DEFINED IN
THE NORTH ANDOVER
STANDARD CONTRACT
GENERAL CONDITIONS
Finance Direct ad: Contractor
S�ggn t yue r. atu Signature
T�fle� Partner"o
Date� S Date- Date: 7/21/21
..........................................................
Town Manager: Town Counsel:
............. ........
Signatur Signature
Date..........._..t Datei
... .... Date._........................... ................................
TowN OF NORTu ANDOVER
STANDARD CONTRACTGENERAI.,CONDITIONS'
Article 1. Definition of Terms: Tire l5oflowing terms in these Contract Documents shall be consfaued as follows:
1."Town"shall mean the Town of North Andover,Massachusetts
1 "Contract,Agreement,and Contract Documents"shaH include the Towns Standard('11onn.,act 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,,Perforynance Bonds,which docurnents are incorporated herein by reference. Any conflict between
the Town's standard contract general conditions and the Contractor's bid proposal or arry othersubmission will be
resolved in Avor ofthe Town's standard contract genrenal conditions which shall preempt all other submittals
3."Contractor"shall mean the individual,partnership,corlmration,or odaer entity to which this Contract is
awarded.
Article 11.Performance: "hone Contractor shall provide the services to under-Nike and perform all appropriate tasks
described 67the Contiact Documents. The Contractor shall upon written request remove ft-orra Town preinises or
work sites and re-place all individuals in the Contractor"s employ whorn the Town determines to be disorderly,
careless or incompetent or to be employed in violation of the terms oftivis Contract. Perfomiance 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 g.,owls and delivers,seTvices per(61-Med
by and work product ofthe Contractor and accept or reject such goo&,deliverable,services or work product.
Article 11I.Time of Performance:.The Contractor shall commence work immediately upon execution of this
Agneernent, Ifthe Contractor fbils to work at as reasonable speed or stops work altogether without due cause,
determined by theTown,the Town may give notice in writing to proceed with flae work or to carry on more
speedily. 71,wree chays after presentation of the notice ifthe work is not proc&eding to the safisfrtction of the Town,
the Contractor shall be considered in default in the perNmance ofthe Contract. '11ris Agreement may be extended
or renewed upon agreement of the pair-ties and only upon exectation of written agreement,
Ailicle 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 perfonned,the'rown will promptly no:fify Contractor.For any Changes to
the scope of work,the Contractor shall notify the Town of associated costs in wrifing. The Contractor shall make
the necessary changes only upon receipt of a written accepimice of the costs and a vor-itten request from 1,own. "Me
Contractor shall not be comperusated for any services involved in preparing changes that aTe require.d for additional
work that,should have been anticipated by Contractor in preparation of the bid documents as reasonable determined
by the Town.
Article V. ftlinent.for Services: The Town shall inake payment to the Contractor as,on the schedule and based
on the milestones arnd�elivefa�bles set forth in the Contract Documents or on a periodic basis.
Article VL Ownershin avid Confidentighty of MatgA tat Work�Produ�cts- All information,date,reports,
studies,desigus,drawings,specifications,materials,computer pro o-arns,documents,models,hiventions,equipment,
and any,other documentation,product of tangiWe nkaterials to the extent authored or prepared pursuant to this
Contract,(collectively,the"Materials"),shall be the property of the'rown. 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'Fown and the Contractor must provide such Materials to Town within ten(10)business days oftheTown's
request for the same without cost to the To%mi. 111e Town may use dae Materials wit1® resped to cormtruction,
maintenance,mpair,alteration,expansion,modification and reconstruction,ofthe Project at any titne and fiorn time
to time. The Town may use the Materials produced,generated or compilv]by the Contractor fbr anotheir project,
provided the Contractor shall not be responsiWe for changes unade to the drawings,plans,or specifications without
the Contractor's authorization,nor for theTown's use of the drawings,plans or specifications on another project,
'Me Town agrees,to the extent permitted by law,to hold the Contractor harmless from any clairns,losses arising out
of any use or changes to tlie Materials try the Town or its representatives during any other constniction not a part of
fifis contract,, The Contractor shall not use suc;tii materials for any purposes other than the purpose of this Contract
.__....__.................. ....... .
These Stanrhard Contract General Conditions apply to contracts procured pursuant to N4,G L(_30B or for exempt
good and services.
widiout prior written consent off the Town.
Article VIE. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final
payment foir ffirrTl 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 wid-i this Apeernent, 1.1e Contractor shall
execute a release if asked to by fire Town,
Article Fill. Inderanificatiow- Th.e Contractor shall indemnify,defend and,hold harmless the Towiia and all of hs
offIcers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands,losses and
liabilities brought agaimst 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, 'nie,Contractor airrerx,that it shall
be solely resi:*nsible for the conduct,health,and safety of its employees du ritag the term of this contract and shall
hold the'rown harmless for any in.iwies,damages or losses incun,ed 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 EX. Insurance: The Contractor shall secure and maintain insurance adequate to xneet its obligations
hereunder and shall provide the Town wid-i certification of such.flue Contrduor 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 Ornissionis liability insurance
with a minimum limit(A'S 1,000,000,00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of
$25,000.00.
ArficleX.As"signment: 'Me Contractor shall not assign,transfer,delegate or subcontract any interest in this
Agreement without die prior written consent of the Town,
ArtilelleXi. RelaflonnsEhji ,with the Town: All services to be perfornied un,dex the tennis of this contract will be:
rendered by the Contractor as an independent C,Ontractor. None of the terms of this contract shall create a principle-
agent,master-servant or employer-employee relationship between the Town and the Contractor. 1lie Contractor
shall have no capacity to bind the Tovai in any contract nor to incur liability on the part of the Tovai and if flae
Contractor eTnp loys or proposes to employ any person during the term of Ili is contract,th e employment or I p-oposal
shall riot obligate the Town in any mariner to any such employee,
Article XIL Co
nn ytith Laws and C gjjLto_rs Responsibilities: 'llie Contractor ceirtifies that it and its
subcontractors has complied with all applicable laws and is eligible to work in the Corrunonwealth of Massachusetts
and thatr it is in complimice with lFe-deral and State Tax.laws. 1 lie Contractor shal I not discriminate against any
employee,or applicant for employment because of race,age,color,religious creed sexual orientation or
identification,handicap,ancemy,sex or national origin. ne Contactor will in all solicitations or advertiseinent
form employees placed by or on behalf'ofthe contractor,state that all qualified applicants will receive equal
consideration f6r employment without regard to race,age,,color,religions creed,sexual orientation or identification,
handicap,ancesay 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 it,subcontractors to
comply with M.G.1-c. 149,s,27B,which requires that a true and accurate record be kept of all pet son employed oil
a prql ft, -t for which die prevail ing wag nIT rs I wage,rates are requires, The Conn-actor shall and shall cause its subco i acto o
subinit weekly cmpies or their wcekly payroll recorcbs to the City,the extent 0-ke Prevailing' age is applicable,,
If an ernployer,the Contractor certifies compliance with applicable state and federal employment laws and
reg
vilations,includhig but not limited to rninimurn wages and prevailing wages programs and payments,
unerniployment insurance and contributions,workers compensation and ia-irsurance,child labor laws,human
trafficking,thir labor practices,civil rights laws,non-discrinkination laws and any arid all odler applicable laws.
'Me 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,qwflity and performance requirements ofthe
Contract Documents, The Conuractor may not use subcontractors not narnfxl in tine Contract Documents without the
prior written con rut of-rown,which will not inrreasonably be withheld. The Contractor ap g m. to pay all debts for
labor and/or services and materials contracted by it,ifany,and for the rental of any office space,equipment or
machinery hired by it,ifamy,for and on account for the sew-vices to be Inrformed hereunder. 'MeContractorshall
not take any action that careens arty public official to be in violation ofthe State,Ethics Law,MI.G.L.c.268A.
Contractor CleIrtrifies drat it and its subcontractors,are not currently debarred or suspended by the U.S.government,
the Commonwealth or arty of its subdivisions,and that it nor any off"its subcontractors have been sulpject to a federal
or state criminal or civil judgement,administrative citation,order for,violation of M.G.L.c, 149,& 151 or the Fair
Labor Standards Act within three years prior to the date offlie contract. The Contractor certifies that it has not
declared backniptcy.
2
I
Article X1111111. Sever Wit . In the event any provision of this Agreement is found by a court of'appropriate
jurisdiction to Lw,unlawful or N ivafid,the remainder of the Agreement shall reynain,and continue in fiAl f6rce and
e&ct.
Airficle XIV. Termination:or&jLement. 'rhe'Fown may terminate this Agreement upon immediate written
notice should the Contractor fail to jymfonn substantially in accordance wfth,the terms of the AgreeFnent with no
fault attributable to the,other. In then vent ol"a faikare to materially perform by the Contractor the notice of such
breach shall be accompanied by the nature of the faflure,and the Town shall set a date at least 10 days later by
which Conti-actor shall cure the farilu.re, ll'the Contractor fails to cure witWn the time as may be required by the
notic.e,tl,ie'l'owninayat hat oi)tioxi,t.ei-iriinatet�-ieAgi-eement 'rheT"owiiniiayterininatetli[isa bra ement.WitiloUt
cause at any time,effective seven days beyond a tennination date stated in as written notice of termination. In the
event ofterminafion,the Contractor shall be compensated for work product and services perfonned prior to the date
of termination, In no event shaN the Contra,ctor be entitled payment for any nwrvices performed after the ef&Ctive
date of termination,arm under no circurnstances shall tlie total price exc(.sed the contract price.
Article XV. Governinx Law and mJurisdiction: '11is Agm reeent shall b n w e govered by the laws of the
Conamonwealth of Massachu An setts, y actions allsing out of this contract shall be brought in a state or federal court
in the County of Essex,Commonwealth of Massachusetts,which shall have exclusivejurisdidion there*E
3
CERTIFICATE OF T
:t,a duly authorized meeting the Board cad Directors of"tile
held on It was
VOTED, THAT
__.. ..._ ......._........... .l a nl ..._...............__ . �..--....... ........._, _._�� .__ ... .... ....�.._.....................
cl
Officer)
c f.__.............. be and hereby is authorized,to execute contracts and mo ds in.the
anrnnc and on behalf an said_ _ .._.. .... .. .. , a d � l.tt�r;a�r or tc seal hereto,; and
such. execution of'any contract or obligation in the nn .c cal" _ on its
beha f by such officer under seal o f ........... �._.__..._......_.,,shall be valid and binding upon.
l:l°ere.by certify that I ana the clerk of.'the anl:nan c named and
that ___....rc .... _ .� ..............__... is the duly elected o lacer as above off° said
d that thc above vote has not been amended or rescinded and
rernanlnns in U1 lforcc and efiect as the dame anf this contract.
_w.. _... _. .__._._ ............ _.
(Date) (Cl[elk)
CERTIFICALTIONS
CERTIFICAIVia. OF NON-COLLUSION
The undersigried cerfifies under penalties of per ury that our bid or proposal has been. inade and
submitted in good faith andwiffiout collusion or fi-aud with any other person, As Used in this
certification, the word "'person" shall mean. natural person, business, partnerp, corporation,
coninriittee,union,cliab or offier orgmizzlion,entily,or,group of individuals,
S
7/21/2 1 ign .44, Date ature
KEvin Murphy Partner Industrial Protection Services
...........
Cornpwiy Narne
CEKrIFICATE OFTAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section,49A.(b), 1.
Kevin Murphy authorized si&mator for lndustrW Protection Senice.....s
Y .... ..........
Name qfcontractor
do hereby cerfify under the pairrs and penalties of perjury that said contractor has complied with.
all laws of the Cornmonwealth of Massachusetts, and the T'own of�,Iorth Andover, relating to
taxes,perm or offier fees,reporting ofeniployees and contractors,and withholding and remitting
child support.
7/21/21
Signature Date
4
COMMBU"YS
Master Blanket Purchase Order PO-15-1080-OSD03-OSD03-00000003146
Header Information
Purchase Order PO-15-1080-OSD03-OSD03-00000003146 Release 0 Short FIR04-
Number: Number: Description: FIR04A-
p Public
Safety
Equipment,
Supplies
Repairs
and
Services
Status: 3PS-Sent Purchaser: Daniel Receipt Quantity
Billings Method:
Fiscal Year: 2015 PO Type: Blanket Minor
Status:
Organization: Operational Services Division
Department: OSD03-OSD-Strategic Sourcing Location: OSDo3- Type Code: Statewide
OSD Contract
Strategic
Sourcing
Alternate ID: Entered 12/29/2014 Control
Date: PM 3:04 Code:
Days ARO: 0 Retainage 0.00% Discount W 0.00%
W
Print Dest Detail: If Different
Catalog ID: Release Direct
Type: Release
Contact Dan Billings IA Strategic Sourcing Manager One Tax Rate: Actual Cost: $0.00
Instructions: Ashburton Place,RM 1017 Boston,MA 02108 1 Phone:
617-720-3309 1 Email:Daniel.Billings@mass.gov
Special Instructions:
Agency Copy of FIR04 Industrial Protection Services price File 12,4,2020. is
Attachments: FIR04Industrial Protection Set-vices Price File4."14.2021
FIR04 Indus'trW Pretectlon Services price Me 5.13,2021
FIR04RFR Firiei,doc
FIR04requit�ement ndper'fa)rrriance e if'i atieriaw i° ,d c
FIR04 Industri l Protection Services price file'?2.019. Is
FIR04 lndustrW Protection Services price file 5.202 . Is
FIR04 IridustrW Protection Sentices price file 6-30.,.2020.As
FIR04 Industrial Protection Services price file 714,2020
FKR04 Industrial Protection Serv�cesprice file 8,'13.2020,xis
FKR04Kndusthal Protection Services Price File October 2020
Vendor
Attachments:
Primary Vendor Information & PO Terrns
Vendor: 208221 -Industrial Protection Services Payment Shipping
cinuymurphy Terms: Method:
33 Northwestern or
Salem,w*o3O7y
us
smai|:cmurphy@ipp-|pszom Shipping Freight
phone:(ona)oos'on4o Terms: Terms:
pAx:(oOs)oos'sy5o
website:http:/xwvxwipp'ipszom
PO
Acknowledgements: Document Notifications Acknowledged Date/Time
Purchase Order smai|edtocmurphy@ipp'ips.comato10m2o1sou:sz:4xpw 0108/201501:34:25pm
Change Order 1 smailedmcmurphy@|pp-ips.comatOa11o01s01:54:1ypm 02y11/201502u1:27pw
Change Order 2 smailedu,cmurphy@ipp-ips.comatosmuuo1s11:07IwAw 0302/201501:30:10pw
Change Order 3 smai|edtocmurphy@ipp-ipszomatOs80201s0u:lO:4spm 04/ ezO1slO:sz:4yAw
Change Order 4 smai|edu,cmurphy@ipp+ps.comat0a11u01s11:Om:lyAw 0e11a01511:32:58Am
Change Order 5 smailedu,cmurphy@ipp-ipscom,toxnyu01so3ys:0ypw 08/28a01512:e9:50pw
Change Order 8 sma||edtocmurphy@ipp+ps.com,tOl/04/2oloO3:oa:z4pm 0106/201601:25:22pm
Change Order 7 smaUedmcmurphy@ipp-ips.comatOn14/2o1o0s:4u:4opm 07/15a01610:00:36Am
Change Order V smai|edmcmurphy@ipp-ips.com,t11/0ozo1oo43y:szpw 11/02/201604:51:54pw
Change Order 9 smaUedtocmurphy@ipp-ips.comat 12/14/201604:24:50pm 12/19/20160110s6pw
Change Order lO smai|edmcmurphw@|pp'ipszomatoxmo/zO1p1o:zp:37pm 08/16e01910:30:30Am
Change Order 11 smailedtocmurphy@ipp-ips.com,tO60z/2ozO1OIu3zwm 0602/202011:31:53ww
Change Order 12 smai|edu,cmurphy@ipp'|pszomatoaomzouooy`myoAw 06a0/202011:39:30Aw
Change Order l3 sma||edmcmurphy@ipp'|ps.commonl4uouo1o:34:luAw 07/15/202001u9:53pw
Change Order 14 smai|edtocmurphy@|pp'ipszomatOml0uOzo1o:ss:loAw 0909/20201031s3Aw
Change Order l5 smai|ed«,cmurphy@ipp'|ps.comatlQoo/20uOOm1o14mw
Change Order ls smai|edtocmurphy@|pp'ips.comat1m3muozooy:zy:oyAw 11/25/202009u7:11Am
Change Order 17 smailednocmurphy@|pp'|pszomat1um4/ 02010:2737Aw
Change Order lu smaUedtocmurphy@ipp'ipszomat1a/1&ooau1lO4:4opm 12/21/202009:3515Am
Change Order 19 smailedtocmurphy@ipp-ips.comatQw1s/2oul 10:50:18Aw 04/27/2021 08:41:38mw
Change Order zu smai|edtocmurphy@|pp'ipszomatos/lsuoz1 03:46:05pm os/lsuoul 03:48:46pm
Master Blanket/Contract Vendor DistribUtor Lisp.
Vend r lD VendGr Name Preferred Delivery Method Vendor Distributor Status
20 221 Industrial Protection Services Email Active
Master Blanket/Contract Controls
Master Blanket/Contract Begin Date: 01/01/2015 Master Blanket/Contract End Date: 12/31/2021
Cooperative Purchasing Allowed: Yes
Organization Department Dollar Dollars Spent to Minimum Order
Limit Date Amount
ALL ORG-Organization Umbrella Master AGY-Agency Umbrella Master $0.00 $3,516,510.37 $0.00
Control Control
Itern Information
Print Sequence#1.0, Item#1: Fire Equipment as specified 3PS-Sent
U N S P S C Code: 46-19-16
Fire fighting equipment
Bid#/Bid Item#: BD-1 S•.f -OSD0 - D0 - 000000172 / Quote#f Quote Item#: QT-1090-C SD0 - SDO3-0000 0021 4!
1 1
Receipt Method Qty Unit Cost UOM Discount% Total Discount Amt. Tax Rate Tax Amount Total Cost
Quantity 1.0 $0.00 EA-Each 0.00 $0.00 $0.00 $0.00
Manufacturer: Brand: Model:
Make: Packaging:
Print Sequence#2.0, Item#2: Fire Supplies as specified 3PS-Sent
U N S P S C Code: 46-19-16
Fire fighting equipment
Bid#/Bid Item#: B -15-1080-•OSD03-OSD03- 00 00172 / Quote#/Quote Item#: f, 'T��'1 0- SD03-C aDD3.000 002t 4/
2 2
Receipt Method Qty Unit Cost UOM Discount' Total Discount Amt. Tax Rate Tax Amount Total Cost
Quantity 1.0 $0.00 EA-Each 0.00 $0.00 $0.00 $0.00
Manufacturer: Brand: Model:
Make: Packaging:
Print Sequence#3.0, Item#3: Fire Equipment Services, Fire Equipment Supplies,Fire Equipment, Fire Hoses, 3PS-
Fire Ladders as specified. Sent
U N S P S C Code: 46-19-16
Fire fighting equipment
Bid#/Bid Item#: BD-15-1080--0.OSD03-OSDO3,-0000000,1727/ Quote#/Quote Item#: (4T-1080-05D03-OSD03-00000002164/
3 3
Receipt Method Qty Unit Cost UOM Discount% Total Discount Amt. Tax Rate Tax Amount Total Cost
Quantity 1.0 $0.00 EA-Each 0.00 $0.00 $0.00 $0.00
Manufacturer: Brand: Model:
Make: Packaging:
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