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HomeMy WebLinkAboutContract #: 1529 - From: 07-01-2022 To: 06-30-2025 - Fire Tech and Safety - Fire TOWN OF NORTH AN OVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: SIq Contractor Legal Name: Town Department Name: Fire Tech and Safety of New England, Inc. Town of North Andover Mailing Address: 100 Business Park Drive Tyngsborough, MA 01879 120 Main Street North Andover, NIA 01845 Contractor Vendor ID: Rate(if applicable): 858 Not to exceed N/A Contract start date: Contract End Date: July 1, 2022 June 30, 2025 Description of Scope(Attach support documentation) Firc'FNIS equipment and supplies in accordance with Massachusetts State Contract PSEO I which terms and conditions are incorporated herein and made a part hereof. 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 WITII,ri[ESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS d.. F* nee Director: Depa Vtme d: Co#itra Rja Si "o Ign ure Si I Signatule Title: President 3 Date: 607,)r— Date: 3 Date: July 13, 2022 Town Manager: Town Counsel: (�N---- Signature Signature Date: Date: TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article 1® Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 1. "Town'.shall rnean 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 an),other submission will be resolved in favor of the Town I 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 II® 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 HL 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 detennined by the Town.the Town may give notice in writing to proceed with the work or to carry oil more speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall he 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:, Ifthe 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 siiall make tile 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 bccii anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town. Article V. Payment for Services: 'File 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 V1. : All information,data. reports, studies,designs.drawings,specifications,materials,computer programs.doclullelnS,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 he the property of the Town, All Contractor proprietary rights shall be detailed in the Contract Documents. At the con ipletion or termination of this Contract copies of ail original Materials shall be promptly turned over it)the Town.Once the Town has,paid For a particular Material,ownership vests in Town and the Contractor UnLiSt provide such Materials to Town %N ithin ten(10)business days(if 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 firrie. 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 Conti-actor's authorization,nor for the Town's use of the drawings,plans or specifications on another project. The Town agr ees,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 L this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract 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`'II. Release of Town. The Contractor agrees that acceptance of what the Town tenders its 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 Conti-actor shall execute a release if asked to by the Town. Article Vill, Indernnification: The Contractor shall indenuffy,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 ap-ents, 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 or 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 sets ices, the Contractor shall carry professional liability or Errors and Omissions liability insurance with a minimum limit of S 1,000,000.00 per occurrence.$2,000,000.00 aggregate with a maximum deductible of S25.000.00. Article X.Assign ment- The Contractor shall not assign.transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town. Article Xf. Relationship with the Town. All services to be performed under the terms of this contract will be rendered by the Contractor as Litt 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 arty person during the term of this contract,the employment or proposal shall not obligate the Town in any manner to any such employee. Article XII. 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(hat 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. 11'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. 27B,which requires that a true and accurate record be kept or all person employed on it project for which the prevailing wage rates are requires. The Conti-actor 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 art employer,the Contractor certifies compliance with applicable state and federal employment laws and regulations, including but not limited to minimum wages and prevailing wages prograrns and payments, unemployment insurance and contributions,workers compensation and insurance,child labor laws, human trafficking, fair labor practices,civil fights 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 oil account for the set-vices 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.269A, 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 tbr 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. 2 Article X111. S:everabillt 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 V. Termination The Town may terminate this Agreement upon immediate written notice should the Contractor fail to perfonn substantially in accordance with the ten-ns of the Agreement with no fault attributable to the other. In the event or 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. Il'the Contractor fails to cure within the time as may be required by the notice,the Town may at its option,tenninate 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 oftennination. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under 110 Circumstances shall the total price exceed the contract price. Article XV. Governin2 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. 3 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 certif►cation, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. SignatureL... A9,4 Date July 13, 2022 Lawrence Guerette, President Fire Tech & Safety Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Lawrence Guerette authorized signatory for Fire Tech & Safety Name 01111diviehled Name of ewitractor do hereby 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. .......... July 12, 2022 Signature Date CERTIFICATE OF VOTE At a duty authorized meeting the Board of Directors of the Fire Tech & Safety held on Jan 11, 2022 it was VOTED, THAT Lawrence Guerette Secreta ry/P resident (Name) (Officer) of Nashua NH be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Fire Tech & Safety -, and affix its corporate seal hereto-, and Such execution of any contract or obligation in the name of Fire Tech & Safety on its behalf by Such officer Under seal of Fire Tech & Safety shall be valid and binding upon July 13, 2022 I hereby certify that I ant the clerk of the above named Fire Tech & Safety and that Lawrence Guerette is the duty elected officer as above of said Fire Tech & Safety and that the above vote has not been amended or rescinded and loe remains in full force and effect as the date of this contract. July 13, 2022 Matthew Wicks (Date) (Clerk)