HomeMy WebLinkAboutContract #: 1602 - From: 03-23-2023 To: 06-30-2023 - Hach Company - WTP CONTRACT NO. 1
VENDOR NO. #1045
CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES
THIS CONTRACT made and entered into this al'day of April, 2023, by and between Hach
Company, a domestic profit corporation duly authorized by law and having a principal place of
business at PO Box 608, Loveland CO 80539, hereinafter called "VENDOR",and the and the TOWN
of North Andover, ("TOWN") a municipal corporation duly established by law and located at 120
Main Street, North Andover, Essex County, Commonwealth of Massachusetts.
WHEREAS,the TOWN released a request for quotes on January 24,2023 for the purchase of Hach
equipment, and;
WHEREAS, the TOWN has accepted the VENDOR'S proposal subject to the conditions and
agreements herein contained;
NOW,THEREFORE, IT IS AGREED by and between the Parties as follows:
-1-
The VENDOR agrees that it will provide materials and supplies as described in accordance with
the Request for Quotes, Specifications, and the Bid. The Specifications, the Bid, all required
Certifications, all Insurance Binders, and if applicable,the Schedule of Minimum Wage Rates, are
incorporated herein and made a part of this CONTRACT.
The VENDOR will report to the signatory Department Head of this CONTRACT.
-2-
The Contract Period will commence on March 23, 2023 and terminating June 30, 2023. Any
extensions of time must be by written NOTICE per paragraph 20 from the TOWN, and are at the
sole discretion of the TOWN.
-3-
Total payments under this CONTRACT shall not exceed $23,991.96. This Contract is expressly
subject to and contingent upon an appropriation of funds.
-4-
The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an
invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice
has filed with the contracting department. Any payment under this Contract shall not constitute
or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN
may have against the VENDOR for breach of this Contract.
-5-
The VENDOR agrees that no obligation shall be considered to have incurred under this CONTRACT
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.
-6-
The VENDOR certifies that performance under this Contract will meet ethical business standards
and good stewardship of taxpayer and public funding to prevent waste or abuse.
-7-
The VENDOR shall at all times during the Contract maintain in full force and effect Employer's
Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance,
including contractual liability coverage. All insurance shall be for policy limits acceptable to the
TOWN;all required insurance shall be certified by a duly authorized representative of the insurers
on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of
this agreement); and before commencement of work hereunder the VENDOR agrees to furnish
the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The
certificates shall contain the following express obligations: "In the event of cancellation or
material change in a policy affecting the certificate holder, thirty (30) days prior written notice
will be given the certificate holder.Where notice is not provided by VENDOR's insurer,the notice
will be provided by the VENDOR."The TOWN shall be named as an additional insured under each
policy or policies, except Workers' Compensation.
For the purpose of the Contract, the VENDOR shall carry the following types of insurance in at
least the limits specified below.
Workers' Compensation—the required statutory amount
Employer's Liability—$500,000
Bodily Injury& Property Damage Liability Except Automobile—$500,000
Automobile Bodily Injury&Property Damage Liability—$1,000,000 combined single limit for each
accident.
Excess Umbrella Liability—$5,000,000 for each occurrence
2
-8-
It is further agreed by the VENDOR that, in the event the TOWN issued in a court of law or equity,
or demand is made upon the TOWN for payment of any damages arising out of the VENDOR'S
performance or non-performance of this Contract, then the VENDOR, without reservation, shall
indemnify and hold harmless the TOWN against any and all claims arising out of the VENDOR'S
performance or non-performance of the CONTRACT.
To the full extent permitted by law, no official, employee, agent or representative of the TOWN
of North Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
-9-
This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local, which are applicable to this Contract or work with a public entity; and it is presumed that
the VENDOR is cognizant thereof. Any and all proceedings or actions relating to the subject
matter herein shall be brought and maintained in the courts of the Commonwealth, which shall
have exclusive jurisdiction thereof.This paragraph shall not be construed to limit any other legal
rights of the parties.
-10-
The VENDOR agrees to comply with all the provisions of General Laws,Chapter 30B and all related
sections, including amendments thereto, in performing all work under this CONTRACT, and the
provisions of said sections are made a part of this CONTRACT and are to be considered as
covenants, terms and conditions hereof as though all the provisions were specifically
incorporated herein,and the provisions of the said sections shall apply even though it may appear
they are not applicable to the work of the type to be performed under this CONTRACT.
-11-
The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. The VENDOR will, if applicable,
comply with the wage rates as determined by the Commissioner of the Department of Labor and
Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force
and as amended.
-12-
The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.1516 (Law Against Discrimination) and
3
any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
The VENDOR shall comply with all federal and state laws, rules and regulations promoting fair
employment practices or prohibiting employment discrimination and unfair labor practices and
shall not discriminate in the hiring of any applicant for employment nor shall any qualified
employee be demoted, discharged or otherwise subject to discrimination in the tenure, position,
promotional opportunities, wages, benefits or terms and conditions of their employment
because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual
orientation or for exercising any rights afforded by law.
-13-
The VENDOR shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility, obligation, duty or interest under this Contract without the written approval of the
TOWN.
-14-
It is further agreed that the TOWN may terminate this CONTRACT 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 CONTRACT at any time for cause.
-15-
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 mean any natural person, business, partnership,
corporation, union, committee, club or other organization, entity, or group of individuals.
-16-
The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
-17-
This contract is only binding upon, and enforceable against the TOWN if: 1)the Contract is signed
by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to
form.
At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the VENDOR for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
4
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
-18-
This instrument, and the other components of the contract documents, constitutes the entire
contract between the parties, with no agreements other than those incorporated herein. Any
Amendments to this Contract must be made in writing and executed by all signatories to the
original Contract, prior to the effective date of the amendment.
-19-
Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
or on the behalf of the party giving or serving the same. Notice shall be deemed to have been
received at the time of actual service or three (3) business days after the date of a certified or
registered mailing properly addressed. Notice to the VENDOR shall be deemed sufficient if sent
to the address set forth in the Contract and to the TOWN by being sent to the Town Manager,
North Andover Town Hall at 120 Main Street, North Andover, Essex County, Commonwealth of
Massachusetts.
IN WITNESS WHEREOF, the VENDOR and the said TOWN OF NORTH ANDOVER have hereto and
to a duplicate and triplicate hereof,caused their corporate seals to be affixed and these presents,
together with said duplicate and triplicate, to be signed in their name and behalf by their duly
authorized officers the day and year first above written.
APP V VENDOR
By
Melissa Murphy-Rodrigues Heather Johnston, ales Support Specialist in acknowledgement of prices,goods and/or services,
Town Manager, North Andover Fed.I.D. or Social Security No. and delivery date,but no other terms and conditions
Hach Company-42-0704420
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
C611
Christine P. O'Connor
Town Counsel Department Head
1_0&14vage
�/ (r
Date: Town Accountant
_T'1 ��,����
5
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 Date 4/24/2023
Alyssa Lacerda Hach Company
Print Name/Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
Alma Lacerda , 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.
'44_4. 4/24/2023
Signa re Date
1
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the
held on it was
VOTED, THAT
(Name) (Officer)
of be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said , and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of on its
behalf by such officer under seal of , shall be valid and binding upon
I hereby certify that I am the clerk of the above named and
that is the duly elected officer as above of said
and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(Date) (Clerk)
2
Cnnfrs3enoal Company r°op )ietafy
HACH i 56010 Undibero,i Drive I F10 Box S89 I ILL velau md,Colorado 80539 I P 9X669 3050 1 F 970,6692932 1 tiach,corn
February 16,2023
Dear Prospective Customer:
By signature below, the following Hach representatives are hereby authorized (during the period of
February 1, 2023 through December 31, 2023) 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 which do not require a Corporate Officer's signature:
Melissa Aquino Lino Oddi Alyssa Lacerda
Kirk Hetherington Christel Valentine Adrian Revuelta
Christophe Pattyn Mary Baird Roxanna Stanka
Jeffrey Figg Kathleen Dyekman Kevin Sweeney
Melissa Voronin Brett Hellier Oliver Wadosch
Jeff Stock Stephanie Herman James Welch
George Davison David Mueller Shawneen Wildman
Daniel Chellew Heather Johnston Melanie Bogus
Rosie Bote Heather Schutt Laura Steele
Meghan Cozzens Nicole Puhl Sara Weaver
Michelle Mathewson Chad Spraker Staci Lamfers
We appreciate the opportunity to do business with your organization.
NUMMMIN" Aw
MOWN
Quotation
Quote Number:100871929v1 Hach
Use quote number at tinge of order to ensure PO 80x 608
that you receive roices quated Loveland,CO 80539-0608
Phone, )227-4224
Email: e .:..1";h.SSaui
Website. iNuMAKfi,corrw
quote dDate:01/25/2023 Quote Expiration:03/26/2023
TOWN OF NORTH ANDOVER
420 GREAT POND RO
NORTH ANDO'VER,MA 01845-2019
Name:Glen Alt
Phone-978. ,9574
Customer Account Number e 003241
Sales Contact:Trina Picard! 119 c 0 Phoneo 61.7.448-7204
U5300s=7n
er Turbidimeter ith Fl®ar 5ens�r,Aratoiriatic1 LDeW445.99<53112 Cleaningm Check,EPA Version.Standard lead time 10 days, 1 3,$26,0 3®826.0
w_......aj .._ _2 LX�1525.99A11557. SC4SO0 nosys,5x rruA Output,2 digital Sensors,100- 1 3,056,0 3,0.56.00
240 aJAC c d.Standard lead timne 10 days,
..........-------
3 5740001 CA610 Fluoride Analyzer with Reagents 1 12,910.0 12,910.00'
�.. _... _. __......_..._........._......_._...._._.._.._�
Glass Rod Secondary Turbidity Standard<0A NTU for Tt15200 Ttl530
®
4 tZY901 and Tti5400sc User Trirb@d meters,,with RFI[D.Standard lead time 5days.. 1 1,401.0 1,401.00
5 8567900 ASSY,FLOW METER,.Standard lead time 5 days. _ _ 1 _._ 373. 373.0
6 8568200 CL17sc Calibration Verification Kit,Standard lead time 25 days, 2._ 108.0 216.00
7 8560200 ASSY,COLCBMMETER,C.:L17sc,Standard lead time 1.5 days, 1 509. 5€89.0
..._...........
8 8560400 C117sc Tubing Kit(pre-assembled).Standard lead time 5 days, 2 129.0 258.00
9 g573100._. CL17sc Eell Elea ning Kit.Standard lead time 10 days. 2 21_55 4110
10 LZY834 Replacement Vial for TU'5300sc and TIJ5400sc Online Laser Turbldimeter, 2 49.15 98,3
Standard lead time 5 days.
11 LZY918 Seal fnr online vial,TU5 series,Standard lead time 10 days, 4 22.3 89.56
--. _._... ...._�__ _tl. __._..._._. _... _ ____---
12 I.ZY92O pi;irnp,crandensatfOr�rnitlgatic�n,TIJSxxtr,Standard lead tirrre 10 days. 1 336.00 336.0
Litre Part Number Description Qty Net Unit Price Extended Price
13 Liw1,'V160 99,00002 low Sensor for TU5300sc and TLi5400sc Laser Turbidimraeter, Standard 1 226.00 226Z0
lead time 10 days.
Shipping 650,00