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HomeMy WebLinkAboutContract #: 1553 - From: 08-30-2022 To: 06-30-2023 - Hach Company - WTP TOWN OF NORTH ANDOVER. STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: S 2� -—X'E — -- -- Zn-tractor t egal Name: To Department Name: Hach Company North Andover Water . ...... Contractor Address: .. . Mailing Address: PO Box 608 420 Great and Road Loveland, Colorado 80539 North Andover, MA 01005 Tl—ontr�-jior—Vendor I—D: ---- 1045 6�n—tr�ct—Details':................... 16—escriltt—ion of Scope(Attach support docurncntaticnn—) Provide lab/plant equipment as outlined on the attached Quotation dated 8/29/22. Begin Date: August 30,2022 End Date: June_30,,_?023 Rate:$ Not to Exceed Amount:$.26,425.14 ................... Contract Signatures Finance Director Contractor Department Head Approved as to the availability of AGREES TO PROVIDE THE ATTACH ALL REQUIRED appropriations GOODS OR SERVICES AS DOCUMENTS INDICATED ACCORDANCE WITH THESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER In the amount of STANDARD CONTRACT GENERAL,CONDITIONS Signature- S7%nature�Va-, P,6zd��,g,. Signature Title: Heather Johns nu Title: Sales Support Specialist Date: Date: 8/31/2022 Date: Town Manager: in acknowledgement of prices,goods and/or services,and delivery date,but no other terms and conditions Date: TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 1."Town"shall mean the To 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 Contr3retor'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 can 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 To 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 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 M.Time of Performance:.The Contractor shall commence work inuriediately 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. Revisions in the Work to be Performed:' If the To requires revisions or other changes to be made in the scope or character of the work to be performed,the To 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 deternimed by the Town. Article V. The Town shall make payment to the Contractor as on the schedule and based on the milestones and deliverables set forth in the Contract Docurnents or on a periodic basis. Article VI. Owner-ship and Confidentiality of Material,Work Products: All intbrination,data,reports, studies,designs,drawings,specifications,materials,corn]:ruter programs,docurnents,inodels, 4wentions,equiprnen�, and any other documcnLation,product of"tangible materials to the extent authored or prepared pwsuant to this Conti-act(collectively',the"M aterials"),shall be the piopet y of the Town. All Contractor proprietary fights shall be derailed in the(7ontract Documents. At the complefion or tennination of this Contract copies of all onginal Materials shall be promptly mimed over to the Town.Once the Town has paid for a particular Material,ownership vests inTown and the Contractor must provide such Materials to '17own within ten(tO)business days oftheTown's request for the same without cost to tine 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 tire Contractor's rJruthorizafion,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 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 VIL Release of Town: The Contractor agrees that acceptance of what the To 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 VHL Indemnification: The Contractor shall indemnify,defend and hold harmless the To and all of its oflicers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands,losses and liabilities brought against them orb ed upon or arising out of any act or omission of the Contractor,its agents, otficers,employees,or subcontractors in arty 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 harniless for any injuries,damages or losses incurred by its employees-while working on this project The("ontractor'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 Conti-acts,for professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance with a mininiurn limit of S 1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximurn 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. None of the terms of this contract shall create a principle- agent,master-servant or employer-employee relationship between.die 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 To and if the Contractor employs or prol.-)oses to employ any person during the term of this contract,the employment or proposal shall not obligate the To in any manner to any such employee, Article XIL 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 ernployee,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.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 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 cornpensatn..)n 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 requiremen is 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,, 2 Article XII1. 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 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. 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. 3 Be Rightm Quotation Quote Number.100766724v4 Hach Use quote number at time of order to ensure PO Box 608 that you receive prices quoted Loveland,CO 80539-0608 Phone: (800)227-4224 Email: quotes@hach.com Website: w.l°kach.com Quote Date:08/29/2022 Quote Expiration:09/29/2022 TOWN OF NORTH ANDOVER 420 GREAT POND RD NORTH ANDOVERs MA 01845-2019 Name:Glen Alt Phone:978 688 9574 Email:gal t@townofnorthandover.com Customer Account Number m 003241 5ales Contact:Trina Pica rdi Email:tr'ina.picardi@hacl).com Phone:617-449-7204 pillilli; ;III MENEM r; 1 LXV445.99.53112 TU5300sc Low Range Laser Turbidimeter with Flow Sensor,Automatic 3 3,731.84 11,195.52 Cleaning,RAID,and System Check,EPA Version 2 LXV525.99A11551 SC4500 Controller,Prognosys,5x mA Output,2 digital Sensors,100-240 1 2,909.76 2,909.76 VAC,without power cord 3 LZY876 Desiccant Cartridge for TU5300sc and TU5400sc Laser Turbidimeter 2 51..51 103.02 4 LPV442.99.03012 TU5200 Laboratory Laser Turbidimeter with RFID,EPA Version 1 5,239.36 5,239.36 5 8572700 CL17sc Colorimetric Chlorine Analyzer with Standpipe Installation Kit and 2 3,1, 24 6,332.48 Reagents for Free Chlorine ESTIMATED GROUND SHIPPING CHARGE-Please see the STANDARD SIMPLIFIED FREIGHT CHARGES table at the end of your quote for all shipping 6 27 options/charges.If applicable,additional freight charges will be applied to 1 645.00 645.00 orders due to seasonal conditions and/or containing bulky/especially heavy orders. 4 � Page 1 of 2 Freight:Collect And Paid By Customer NHF FCA:Hach's facility 12%Supply Chain Surcharge has been added to this quote for all shipments,if applicable,and is included in the"Net Unit Price"and Grand Total All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hachcom/terms. Hach TCS are contained directly and/or by reference in Hach's offer,order acknowledgment, and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale"Contract"in accordance with the Hach TCS:(i)Buyer's issuance of a purchase order document against Hach's offer;(ill acknowledgement of Buyer's order by Hach;or(ill)commencement of any performance by Hach pursuant to Buyer's order.Provisions contained in Buyer's purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of the Hach TCS are not part of the Contract. Due to International regulations,a U.S.Department of Commerce Export License may be required.Hach reserves the right to approve specific shipping agents.Wooden boxes suitable for ocean shipment are extra.Specify final destination to ensure proper documentation and packing suitable for International transport.In addition,Hach may require:1).A statement of intended end-use;2).Certification that the intended end-use does not relate to proliferation of weapons of mass destruction(prohibited nuclear end use,chemical/biological weapons,missile technology);and 3).Certification that the goods will not be diverted contrary to U.S.and/or applicable laws in force in Buyer's jurisdiction. ORDERTERMS: Terms are Subject to Credit Review In order for Hach to process the order as quickly as possible,please provide the following information. •Complete Billing address. •Complete Shipping address. •Part numbers and quantities of items being ordered. •Please reference the quotation number on your purchase order If the order is over$25,000 Hach will also require the following additional information. Pricing •Purchase Order Number •Freight terms and INCO tens FOB Origin or FCA Shipping Point •Required delivery date •Vendor name should specify"Hach Company"with the Loveland address: o Hach,PO Box 389,Loveland,CO 80539 •Credit terms of payment.Default payment terms are Net 30. •Indicate if order needs to ship complete or if it can ship partial. •Tax status •Special invoicing instructions Sales tax is not included on quote.Applicable sales tax will be added to the invoice based on the U.S.destination,if applicable provide a resale/exemption certificate. Shipments will be prepaid and added to invoices unless otherwise specified. Equipment quoted operates with standard U.S.supply voltage. Hach standard terms and conditions apply to all sales. Additional terms and conditions apply to orders for service partnerships. Prices do not include delivery of product.Reference attached Freight Charge Schedule and Collect Handling Fees. Standard lead time is 30 days. This Quote is good for a one time purchase Virtual and/or on-site training must be scheduled/completed within 30 days of order,or the price will be subject to change. Sales Contact: Name: Trina Picardi Title: Key Account Manager Phone: 617-448-7204 Email: trina.picardi@hach.com Page 2 of 2 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 /r!+L� ByI. Date 9/20/2022 Heather Johnston, Sales Support Specialist Hach Company Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I Heather Johnston , authorized signatory for Hach Company Name of individual Name of contractor 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. s'" , "tk4' 9&zlo�ml 9/20/2022 Signature f Date i HACIR I 5600Un4%crgh11)iiNe I F 539 � F1970,669, 5, 8 I' F970669,2932 I hadicom December 1,2021 Dear Prospective Customer: By signature below, the following Hach representatives are hereby authorized (during the period of December 1, 2021 through December 31, 2022) to sign all bid documents, representations and certifications and sales / service contracts submitted by Hach to prospective customers in accordance with Hach®s internal contract procedures and is do not require a Corporate Officer's signature: Brad Ellis Lino Oddi Ian Morrison Kevin Klau Gabrielle Kato Alyssa Prill Divya Mittal Christel Valentine Adrian Revuelta Christophe Pattyn Mary Baird Michael Whitmore Jeffrey Fig g Kathleen Dyekman Roxanna Starika Kurt Tyler Brett Helfier Kevin Sweeney Melissa Voronin Stephanie Herman Oliver Wadosch Jeff Stock David Mueller James Welch George Davison Heather Johnston Shawneen Wildman Emily Wright Heather Schutt Brian Thompson Daniel Chellew Staci Lamfers; Melanie Bogus Rosie Bote Nicole Puhl Laura Steele Meghan Cozzens Ayoub Bourassi Sara Weaver Michelle Mathewson Chad Spraker We appreciate the opportunity to do business with your organization. 7 erely, D a ivya tal Hach VP of Global Sales