HomeMy WebLinkAboutContract #: 1611 - From: 06-01-2023 To: 05-31-2024 - Ferguson Enterprise - DPW i
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CONTRACT NO.
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VENDORNO. 21135
CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES
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THIS CONTRACT made and entered into this S day of June, 2023, by and between Ferguson j
Enterprise d/b/a Ferguson Waterworks, a domestic profit corporation duly authorized by law and
having a principal place of business at 12500 Jefferson Avenue,Newport News, Virginia 23602,
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 issued request for quotes on May 17, 2023 for water distribution
materials,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:
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The VENDOR agrees that it will provide water distribution materials as described Attachment A.
The quote, 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.
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The Contract Period will commence on June 1, 2023 and terminating May 31, 2024. Any
extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the
sole discretion of the TOWN. '
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Total payments under this CONTRACT shall not exceed Twenty Thousand Eight Hundred Ninety
and 49/100 Dollars ($20,890,49). This Contract is expressly subject to and contingent upon an r
appropriation of funds.
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The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an 1
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.
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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.
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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.
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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
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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 i
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
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It is further agreed by the VENDOR that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
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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.
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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.
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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.
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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) 4
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.
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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 B (Law Against Discrimination) and
any executive orders,rules,regulations,and requirements of the Commonwealth of Massachusetts I
as they may from time to time be amended. 44
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
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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 j
of race, color,national origin, ancestry, age, sex, religion, disability,handicap, sexual orientation
or for exercising any rights afforded by law.
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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,
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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.
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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.
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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.
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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,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
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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 Ij
original Contract,prior to the effective date of the amendment.
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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, j
North Andover Town Hall at 120 Main Street,North Andover, Essex County, Commonwealth of
Massachusetts.
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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.
APPROVED: VENDOR
By 4-e-fa
Melissa Murphy-Rodrigues j
Town Manager,North Andover Fed.I.D. or Social Security No.
`,���1111-771
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APPROVED AS TO FORM: TOWN OF NORTH ANDOY'E R i
Christine P. O'Connor Tim Willett,P ent Head
Tows,Counsel
Lyne age
Town Accountant
Date: 0
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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
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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,
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committee, union, club or other organization,entity,or group of individuals.
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Signature Date
nlnen Q' r"5c. - CZaunal, '.bcr DAnc t kS.
Print 14ame&Title CompaWy Name
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CERTIFICATE OF TAX COMPLIANCE {
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b),I
zkchog P'n-c"sC , authorized signatory for
Name of individual Name of conlraclor
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.
Signature Date—� I
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CERTIFICATE OF VOTE
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At a duly authorized meeting the Board of Directors of the
held on it was
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VOTED,THAT
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(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 seat 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
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that is the duly elected officer as above of said
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and that the above vote has not been amended or rescinded and
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remains in full force and effect as the date of this contract. I
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(Date)
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CERTIFICATE OF SIGNATORY AUTHORITY
The undersigned Assistant Secretary of FERGOSONENTERPRISES.LLC.a limited liability company duly organized and
existing under the laws of the State of Virginia(the"Company"),hereby certifies that each of the following employees of the
Company,individually,is authorized to execute and file on behalf of the Company,any affidavit,lien application,lien, lien
waiver,payment application and release of lien necessary to preserve,protect;perfect or remove any encumbrances in or on
real or personal.property.
X4&Stephen Parise Sraneb'Manager
Name signatur Title
The authority referred to above shall remain in'fult force and effect until the earliest of(i)July 31,2023,(ii)written notice of
revocation of such authority is received or(iii)the above referenced individual terminates employment with the Company.
Subject to the foregoing,the-Company's customer relying on•this Certificate shall be permitted to treat as authorized all
Documents signed by the above referenced individual in the Qompany's.name.
The provisions ofthis Certificate are in conformity with a resolution adopted by the Board of Directors of the Company. Only
the above referenced individuals and all other individuals specifically-mthorized by the Company,may exercise the authority
granted herein.
In witness whereof,I ha o�l�er�untoppb�cribed my name and affixed the seal of the Company,thi '? day of July,2022.
.�,•ax ENN, ,,,�
FERGUSON ENTORPRtSES if LC
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u. ; Will Wesley E.
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•:SEAL. Assistant Secretary
(Company Seal) �"",`7RGINIA •+/•
COMMONWEALTH OF VIRGINIA
CITY OF NEWPORT NEWS
Sworn to subscribed and acknowledged before me this j2nday of July,2022,by Wesley E.Rice.personally known to me,in
his capacity as Assistant Secretary of Ferguson Enterprises,LLC, a'Varginia limited liability company, on bchaif of'such
Company. %
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Notary PWic—C y% hlhoff •,+NtH�►►„��►
�•.• �-4 ME,y4 •.,
My commission expires-July 31,2026. c,
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MY
® 0 COMMISSION
= 0 . NIJMSER 'Q
�� ' 7510825
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TOWN OF NORTH ANDOVER 5/17/2023
WATER DEPARTMENT
QUOTE REQUEST
ITEM QUANTITY PRICE
12" CLOW EDDY HYDRANT EXTENSION 6 4480.14
CLOW EDDY HYDRANT REPAIR KIT 6 1735.50
I" COPPER TUBING 480 3794.59
12" HIMAX COUPLING 4 1569.32
8" HIMAX COUPLING 4 1033.08
6" HIMAX COUPLING 4 914.96
12" CLASS 52 DUCTILE IRON PIPE- 3 FULL LENGTHS 3617.46
8" CLASS 52 DUCTILE IRON PIPE - 3 FULL LENGTHS 2191.86
6" CLASS 52 DUCTILE IRON PIPE - 3 FULL LENGTHS 1553.58
TOTAL PRICE 20890.49
VENDOR SIGNATURE