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HomeMy WebLinkAboutContract #: 1615 - From: 06-12-2023 To: 12-31-2025 - SVS Specialty Vehicle Services - Library CONTRACT NO. _111215-_ VENDOR NO. 25238 (TOWN OF NORTH ANDOVER) DESIGN FOR SERVICES WITH THE TOWN OF NORTH ANDOVER This CONTRACT made and entered into on 12 day of June, 2023, by and between SVS Specialty Vehicle Services LLC, a Wisconsin corporation with a usual place of business at 3312 W Sycamore Street, Franklin, WI "DESIGNER" and the North Andover (the "TOWN") a municipal TOWN duly established by law and located at 566 Main Street, North Andover, Essex County, in the Commonwealth of Massachusetts. WHEREAS, the TOWN sought a priced proposal for professional DESIGNER services for an outreach vehicle for the Stephen's Public Library ("Library") of North Andover. Specifically, the DESIGNER will assist the library the development of a contemporary outreach vehicle (commonly known as a bookmobile) which will provide information-based benefits to the population serviced by the library. WHEREAS, the DESIGNER represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN. NOW,THEREFORE, IT IS AGREED by and between the parties as follows: -1- The DESIGNER will complete the (1) Development, (2) Procurement, and (3)Construction Phases as set forth in the DESIGNER's proposal and fee schedule, attached as Exhibit A(SVS February 27, 2023 "Proposal for Consultant Services for Stevens Memorial Library Project Outreach Vehicle"). This Contract will commence upon execution and terminate on 31 December, 2025. Time is of the essence for this Contract. Any extensions of time must be in writing and are at the sole discretion of the TOWN. -2- The Priced Proposal,all required Certifications,and all Insurance Binders are incorporated herein and made part of this Contract. -3- Total payment under this Contract, for all three phases of work, shall not exceed the sum of $15,500 Dollars. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- Such services under this Contract will be performed as expeditiously as possible in a good and workmanlike manner under the supervision of, and to the satisfaction of the Department Head in the TOWN. The DESIGNER states that it is qualified, and is in all relevant aspects, in good standing.The DESIGNER certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse, -5- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state, and local, which are applicable to this contract, and services provided to a public entity; and it is presumed that the DESIGNER 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. - - The DESIGNER shall use their best skills and attention, which shall not be less than such state of skill and attention generally rendered by the DESIGNER/design professional for projects similar to this Project in scope, difficulty and location. Consistent with the referenced standard of care, the DESIGNER shall be responsible for the professional and technical accuracy for all work or services furnished by him or his consultants and subcontractors. The DESIGNER shall perform his work under this Agreement in such a competent and professional manner that detail checking and reviewing by the TOWN shall not be necessary. All consultants must be registered and licensed in their respective disciplines if registration and licensor are required under the applicable provisions of Massachusetts law. The DESIGNER and all consultants and subcontractors shall conform their work and services to any guidelines, standards and regulations of any governmental authority applicable to the type of work or services covered by this Agreement. Neither the TOWN's review, approval or acceptance of any of the work or services performed shall be construed to operate as a waiver of any rights under the Agreement or any cause of action arising out of the performance of the Agreement. -7- The DESIGNER shall produce certain deliverables in each phase of work, as set forth in their proposal. All deliverables shall become the property of the TOWN upon payment for each. Any re-use of such documents without the DESIGNER's written verification of suitability for the specific purpose intended shall be without liability or legal exposure to the DESIGNER or to the DESIGNER's independent professional associates, subcontractors or consultants. Distribution or submission to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as an act in derogation of the DESIGNER's rights under this Agreement. -8- Deleted for this project. -9- 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 DESIGNER for breach of this Contract. _10- The DESIGNER shall give its personal attention constantly to the faithful performance of the work and shall keep the same under its personal control and shall not assign nor sublet the work or any part thereof without the previous written consent of the TOWN and shall not, either legally or equitably, assign any of the monies payable under this Agreement or its claim thereto unless by and with the written consent of the TOWN. _11- 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, and in full conformity with MGL c.268A. 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. -12- it is further agreed by the DESIGNER 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 DESIGNER'S performance or non-performance of this Contract, then the DESIGNER, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the DESIGNER'S performance or non-performance of the Agreement. -13- 3 It is further agreed that the TOWN 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. To the full extent permitted by law, no official, employee, agent, or representative of the TOWN shall be individually or personally liable on any obligation of the TOWN under this contract. -14- It is understood and agreed by the TOWN and the DESIGNER that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment under this contract. If requested by the DESIGNER a copy of the Contract Performance Record For shall be furnished to the DESIGNER. -15- The DESIGNER certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -16- The DESIGNER 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 for (incorporated into and made a part of this agreement); and before commencement of work hereunder the DESIGNER 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 DESIGNER's insurer, the notice will be provided by the DESIGNER." The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. For the purpose of the Contract, the DESIGNER shall carry the following types of insurance,when applicable, 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—$1,000,000 for each occurrence -17- 4 The DESIGNER will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The DESIGNER 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. -18- The DESIGNER 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. Any subcontract entered into by the DESIGNER for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the TOWN and shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the DESIGNER from any duty, obligation, responsibility or liability arising under this Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. -19- 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. -20- The DESIGNER 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. -21- At any time during normal business hours, and as often as the TOWN "lay deem it reasonably necessary, there shall be available in the office of the DESIGNER for the purpose of audit, 5 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. -22- This instrument, together with its endorsed supplements, 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. In the event of a conflict between this Agreement and any attachments, the provisions of this Agreement will prevail, -23- 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 DESIGNER shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN of North Andover by being sent to the TOWN Manager, TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845. IN W1TNFSSWHFRF0F the parties have hereto and to one other identical instrument set forth their hands the day and year first above written. THE TOWN THE DESIGNER ELC Department Head Name of Firm Date: Date: U t-L Melissa Murphy-Rodrigues North Andover Town Manager Date: Date: 3 2-6 6 Print Name &Title Federal Identification O.: APPROVED AS TO FORM: Christine P. O'Connor, Town Counsel Date: CERTIFICATION AS TO AVAILABILITY OF FUNDS: a 4Sge, own Accountant Date: 7 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 Print Name &Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory far Nome of individual Name of DESIGNER do hereby certify under the pains and penalties of perjury that said DESIGNER 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 DESIGNERs, and withholding and remitting child support. 3 Signature Date