HomeMy WebLinkAboutContract #: 1501 - From: 05-11-2022 To: 03-31-2023 - Real Estate Reserach Consultants, Inc. - Assessor TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NOI,r)-b
Contractor Legal Name". Town Department Name:
R-AL Ui-,ATS Rk-A� -Cl-1 Town of North Andover
Contractor Address: Mailing Address:
15'
120 Main Street
M QI'14 1 'mt-yo.a2- MA North Andover,MA 01845
Contractor Vendor ID: Rate(if applicable):
q4 Not to exceed S ?�3, rh)v
Contract start date: Contract End Date:
MAY 202-2., 14Af2c-14 ,31, z(i2-'3
Description of Scope(Attach support documentation)
PL-N-SOuAt- 1P.e.i.10TY MA-W70IM-AICE 10 0,'57706'. AA/!D
OIL,L'Hukl
Contract Signaturcs:
Approved as to the availability of ALL REQUIRED DOCUMENTS AGREES TO PROVIDE THE
approptiations ATTACHED GOODS OR SERVICES AS
INDICATED IN ACCORDANCE
In die amount of WITH THESE CONTRACT
DOCUMENTS AS DEFINED IN
THE NORTH ANDOVER
STANDARD CONTRACT
GENERAL CONDITIONS
fU �Finance ctor: Department Head: Contractor:
Real Estate Research Consultants,I ic.
Signat
kk�slgpa 'c Signature
Date: Tide:President
5 Datc:4/28/22
Town Manager: Town Counsel:
Signature
Dat
e:lar t, A
Date� a c-
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TOWN OF NORTH ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS'
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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 Town 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 Il.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 Town 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 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 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 Conti-actor 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. 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 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 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 Town 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. Ownership and Confidentiality of Material,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 Town has paid for a
particular Material,ownership vests in Town and the Contractor must provide such Materials to Town 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 project. The Town agrees,to the extent permitted 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 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 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 VIIL Indemnification: 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 agrees that it shall be solely responsible for the conduct,health,and safety of its
employees during the term of this contract 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 Town shall not be deemed to be released,waived or modified in any respect by reason of
r These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt good and
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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. r
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. None of the terms of this contract shall create a principle-agent,master-servant or
employer-employee 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 manner to any such employee.
Article X11.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
Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L.c. 149,s.
2713,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
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.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.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.
Article XHL SeverabWty: 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 shalt 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 XV. Governine 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 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—(L�L��-_ a ay 3,2022
Brian J. Pelletier, President Real Estate Research Consultants, Inc.
Fn:-nt—Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b),I
Brian Pelletier authorized signatory for Real Estate Research Consultants, Inc.
NJ me of bdwual Name of contractor
do hereby certify under the pains and penalties of pedury 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.
May 3, 2022
Signature Date
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CERTIFICATE OF VOTE
At a duty authorized meeting the Board of Directors of the ftw Eam -Wuhmm, held on
M&LML—it was
VOTED,THAT
RMM POP99W
——- —------------(0-
of R�Wzh ca"kOwft,In, be and hereby is authorized to execute contracts and bonds in the name and on
..........
behalf of said-op" and affix its corporates hereto; and such execution of any
contract or obligation in the name of now rm-P-u-h ft on its behalf by such officer and seal of
.!M _j shall be valid and binding
I hereby certify that I am the clerk of the above named and that
is the duly elected officer as above of said-w-Y .......... and that
the above vote has not been amended or rescinded and re in full force and effect as the date of this contract
Mw 3,2=
ate) rescinded
Agreement Between
The Town of North Andover
and
Real Estate Research Consultants, Inc.
FISCAL YEAR 2023
PERSONAL PROPERTY MAINTENANCE CONTRACT
This Agreement is made and entered into this day of by and
between the Town of North Andover (hereinafter referred to as the Municipality) and
Real Estate Research Consultants, Inc., a Massachusetts corporation (hereinafter
referred to as the Company) whose principal place of business is 1538 Turnpike Street,
North Andover, Massachusetts 01845, telephone number (978) 681-1991.
In consideration of the mutual covenants and agreements hereinafter set forth, the
parties agree as follows:
1. GENERAL REQUIREMENTS AND SCOPE OF SERVICES
The Company will develop and implement an revaluation program for locally
assessed personal property in the Municipality, as of January 1, 2022. All
valuation performed shall be in compliance with the General Laws of the
Commonwealth of Massachusetts. These services shall be provided in
accordance with all of the provisions of this Agreement.
A. The Company shall list and value new and select existing personal property
accounts in the Municipality at their Fair Market Value, provided that the
Municipality shall have final approval of all values.
On these personal property accounts, a complete and individual inventory
listing will be made of all taxable personal property at each site. This listing
will contain sufficient detail so that an independent off-site value
determination may be made. For each account of taxable personal property,
the Company will list, and provide the following information:
1. The owner's legal name
2. Business name
4. Tax Billing Address
3. Business Address
5. Type of Business
6. Telephone number
7. Type of Corporation
8. Tax Status Code
9. Account number
10. Date of on-site inspection
11. Name of company representative who conducted the
on-site inspection.
12. Complete list of each inventory item which is assessable and
taxable as personal property. Included by item shall be the
appropriate coding for valuation purposes.
13. Valuation breakdown of accounts by the following
categories:
A. Inventory
B. Furniture and Fixtures
C. Machinery and Equipment
D. Underground Utilities
E. Animals
F. Other
B. The Company, at the direction of the Municipality, shall verify and inspect all
accounts taxable or non-taxable and shall state the reason for any account
classified as non-taxable.
C. All appraisals will be as of January 1, 2022 and shall reflect the status of all
personal property as of that date. The Company acknowledges that the
Municipality intends to use the values determined here-in-under in setting the
tax rate for Fiscal 2023.
2. DELIVERABLE ITEMS
Fair Market Values shall be generated by the Company through the listing and
coding of the select personal property accounts in the Municipality and will
include all work sheets from field inspections.
3. COMPENSATION
In consideration of the services to be performed under this Agreement and the
materials and equipment to be furnished by the Company, the Municipality
agrees to reimburse RRC at the following rates:
Discovery and file maintenance (9 days @ $600/day) $ 5,400
Account listing and valuation (300 accts @$56/account $16,800
Wireless and cable review and valuation $ 2,000
Class 504 public utilities 8,000
Total Cost $32,200
Additionally, the annual software support will be billed in June at the rate of$1,500.00.
4. PAYMENT TERMS
The Company shall receive payments in monthly installments upon the receipt of
the invoice of the Company, beginning as the work is performed. Monthly
payments may be withheld by the Municipality at any payment date, provided
that the progress and quality of the work is unsatisfactory according to good
appraisal practice and notice of the amounts to be withheld is sent in writing to
the Company within ten (10) working days after the billing.
The making of payments at the time they respectively fall due shall be
considered as the essence of this Agreement, and in case of failure to do so, or
in case the Municipality shall fail to make any other payment, the Company
shall have the right to cancel this Agreement by giving the Municipality ten (10)
days written notice of such termination stating the reason or reasons therefor.
5. OWNERSHIP OF INFORMATION
A. All information acquired by the Company from the municipality, or from others
at the expense of the municipality, in the performance of this Agreement shall
be and remain the property of the municipality. This includes all records, data
files, computer records, work sheets, deliverable products complete and
incomplete, and all other types of information prepared or acquired by the
Company in the performance of this Agreement.
B. The Company agrees that it will use this information only as required in the
performance of this Agreement and will not, before or after the completion of
this Agreement, otherwise use said information, nor copy nor reproduce the
same in any form, except pursuant to the sole written instructions of the
assessors. The Company further agrees to return said information to the
Municipality promptly at its request in what ever form it is maintained by the
Company.
C. The Company agrees to take reasonable steps to ensure the security of the
information under its control.
6. DATA COLLECTION
The Municipality shall supply suitable work space to the Company and use of the
telephone.
The Company shall have the sole responsibility for hiring and training data
collection personnel.
7. SUPPLIES
All supplies required to complete all work will be provided by the Company.
8. CONFLICT OF INTEREST
A. The Company agrees that to the extent that such law is applicable to the
duties it is to perform hereunder, it will comply with the provisions of Chapter
268A of the General Laws concerning conflict of interest and that it presently
has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the services required to be
performed under this Agreement.
B. No officer, member or employee of the Commonwealth and no public official
of the governing body of the locality or localities in which this Agreement shall
be performed who exercises any function or responsibilities in the review or
approval of the undertaking or carrying out of this Agreement shall:
1. Participate in any decision relating to this Agreement which affects his
personal interest or the interest of any corporation, partnership, or
association in which he is, directly or indirectly interested; or
2. Have any financial interest, direct or indirect, in this Agreement or the
proceeds thereof.
C. The Company shall not contract with or employ an assessor, selectmen or
executive or financial officer of the municipality to perform any of the services
under this Agreement.
9. CONFIDENTIALITY OF TAX INFORMATION
The Company shall comply with the provisions of Massachusetts General Laws
Chapter 62C, Section 21 and regulations promulgated there under 830 CMR 62C
21, governing the confidentiality of tax information.
10. NOTICES
Unless otherwise specified, any notice hereunder shall be in writing and shall be
deemed given when delivered to either party or deposited in the U.S. Mail,
postage prepaid and addressed as follows:
To The Municipality:
Board of Assessors
120 Main Street
North Andover, Massachusetts 01845
To The Company:
Real Estate Research Consultants, Inc.
1538 Turnpike Street
North Andover, Massachusetts 01845
11. RELATIONSHIP OF PARTIES
In performing services pursuant to this Agreement, the Company is performing
solely in the capaTown of an independent contractor and is not an employee or
agent of the municipality. The Company does not undertake by this Agreement or
otherwise to perform any obligation of the municipality, whether regulatory or
contractual, and the municipality shall not be bound under any contract, without
the express written consent of the municipality.
12. EMPLOYMENT REQUIREMENTS
All project personnel must be approved by the municipality prior to being
employed for the project and will be required to carry an identification card while
on project business. This I.D. card will contain the employee's photograph,
personal description, and the signatures of the assessors. This card will be
surrendered to the assessors upon termination of the employee or upon
completion of the project.
In Witness Whereof, Real Estate Research Consultants, Inc. and The Town of North
Andover have caused this contract to be executed by their duly authorized officers.
Town of North Andover:
Title:
Date:
By:
r
Title: fi w-RQdrigUpr,, Fso.
TOWN MANAGER
Date:
By:
Title:
Date:
By:
Title:
Date:
Real Estate Research Consultants, Inc.:
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Brian J. Pelletier, President
Date: April 19, 2022