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HomeMy WebLinkAboutContract #: 1557 - From: 11-01-2022 To: 10-31-2023 - UTEC, Inc. - DPW THIS AGREEMENT made and entered into this 27 1h day of September. 2022, by and between UTEC,INC.,a non-profit corporation with a principal office at 35 Warren Street,Lowell, MA 01852 and a mailing address of 15 Warren Street,#3,North Andover,MA 01852,hereinafter called"CONTRACTOR",and the TOWN OF NORTH ANDOVER,a municipal corporation duly established by law and located in the County of Essex and Commonwealth of Massachusetts, acting by and through its To Manager,hereinafter called "TOV`N", WITNESSETH: That WHEREAS,the TOWN is desirous of obtaining the services of a qualified vendor to provide bi-weekly curbside collection, hauling, deconstruction, and processing of mattresses and box springs for the Department of Public Works of the Town of North Andover; and WHEREAS, the CONTRACTOR is a state-contracted recycling vendor designated by the DEP to provide Mattress Recycling Services and represents that it is duly qualified in this held, and has agreed to perform such services for the TOWN,- and WHEREAS, the TOWN has accepted the CONTRACTOR'S offer, NOW, THEREFORE, IT IS AGREED by and between the parties hereto,as follows: -I- The CONTRACTOR will provide biweekly curbside collection, hauling, deconstruction, and processing of mattresses and box springs for the Department of Public Works in the To of North over as directed by the Director of Public Works, during the period commencing November 1, 2022 and terminating October 31, 2023, all in accordance with the Scope of Work and the Schedule of Minimum Wage Rates as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, annexed hereto and marked "A" and "B", respectively, are made a part of this Agreement. -2- The CONTRACTOR may charge residents FORTY AND 00/100 ($40.00) DOLLARS per piece for such services. The CONTRACTOR may charge the TO EIGHTEEN and 00/100 ($18.00) DOLLARS per piece for mattresses collected by the TOWN and delivered to the CONTRACTOR located at 250 Canal Street, Lawrence, A. -3- The services to be performed under this Agreement, including the furnishing of materials, equipment, tools, appliances, etc. necessary in connection therewith must, in all respects, notwithstanding any provision herein to the contrary or inconsistent therewith, meet with the approval of the said Director of Public Works. -4- The said CONTRACTOR agrees that before commencing any services to be provided under this Agreement, it shall provide, at its own cost and expense, insurance for the payment of compensation and the furnishing of other benefits under the provisions of General Laws, Chapter 152, and amendments thereto,to cover all employees to be employed by the CONTRACTOR in connection with the services to be provided under this Agreement; and the said CONTRACTOR agrees that it shall continue in force and effect said policy of insurance during the period covered by this Agreement. Failure to provide and continue in force, said insurance shall be deemed a material breach of this Agreement and shall operate, without notice of any kind to the said CONTRACTOR, as an immediate termination of this Agreement. The TOWN shall at all times be named as additional insured. In the event that the TOWN should be obliged or required to pay compensation or furnish benefits to any of the said CONTRACTOR'S employees, in accordance with the provisions of General Laws, Chapter 152, and amendments thereto, the said CONTRACTOR agrees that it will reimburse and indemnify the said TO from any payments it may be obliged or required to make under the provisions of General Laws, Chapter 152. and amendments thereto, -5- The said CONTRACTOR agrees to pay the Wage Scale,as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development. a copy of which is attached hereto and marked "B", and the CONTRACTOR further agrees that, in the event that there are to be employees of classifications other than those specifically stated herein engaged in the work to be perfori-ned under this Agreement, to submit a list of the additional classifications of those to be employed to the said Director of North Andover Public Works, and the said CONTRACTOR agrees that it will pay the Schedule of Wages,as determined by the said Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, under the provisions of General Laws, Chapter 149, Sections 26 and 27, and the amendments thereto. -6- It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law Or equity, Or demand is made upon the TO for payment of any damages arising out of the CONTRACTOR'S perfon-nance or non-perforinance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the CONTRACTOR'S performance or non-perforinance of the Agreement. -7- It is agreed that no obligation shall be considered to have incurred under this Agreement unless and until a purchase order shall have been duly issued and approved, And further,that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. This Contract is subject to all laws, federal, state and local, which are applicable to this Contract, and it is presumed that the CONTRACTOR is cognizant thereof. Furthermore, all terms and conditions of Massachusetts State Contract FAC90DesignatedDEP are hereby incorporated herein and made a part hereof. -9- It is further agreed that the Town of North Andover may terminate this Agreement without cause,upon fourteen(14)days'written notice to the other party,sent by certified mail,to the usual place of business of the other party, The Town may also terminate this Agreement at any time for cause, -10- The undersigned certifies under penalties of perjury that this 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 can any natural person, business,partnership, corporation. union, committee, club or other organization,entity, or group of individuals. -11- The undersigned certifies that pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b),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 To of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. -12- It is understood and agreed by the TO" and the CONTRACTOR that a Contract Performance Record Form must be completed on this contract by the Department Head or their Designee who is supervising this contract,and such Contract Performance Record Form must be submitted to the Director of Public Works, prior to release of final payment under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. IN WITNESS WHEREOF,the UTEC, INC. and the said TOWN OF NORTH AND OVER have hereto and to a duplicate hereof,caused their corporate seats to be affixed and these presents, together with said duplicate,to be signed in their name and behalf by their duly authorized officers the day and year first above written, THE TOWN THE CONTRACTOR Div Usi n/Department Head UTEC, INC To Manager Date 4i�gn�ature bate W) fr40'r Print Name& Title Federal Identification APPROVED AS TO FORM: To Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town�, coLuntant Date