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HomeMy WebLinkAboutContract #: 1618 - From: 06-14-2023 To: 06-08-2024 - Colonial Ford - DPW CONTRACT AaIB-- VENDOR NO I PLYMOUTH COUNTY COMMISSIONERS VENDOR CONTRACT FOR SUPPLIES WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and enteredinto this thisV day , 2023, by and between I e I r ,l I nial its I r estic profit corporation duly authorized by law and having ri ci I place of business at rin r t, r! r , hereinafter called -VENDOR". and the and the TOWN of North Andover. ",a municipal corporation duly established by law and located at 120 MainStreet, North Andover, Essex County, Commonwealths c tts. WHEREAS,the VENDOR is an accepted supplier by the PlymouthCounty Commissioners Contract for Public Service VehiclesEquipment Bid PCC U23 t ; WHEREAS, the TOWN has accepted t proposal, subject to the conditions and agreements r i n t m e ; THEREFORE, IT IS AGREED by and betweenthe Parties as follows: . . The VENDOR agrees that it will provide t O new r hid 5 5 ri in She atlaShegst' at ate -1The Estimate. the PlymouthtCommissioners Invitation r Bid, the Specifications, the Bid, required ific ti s, and Insurance in ers are incorporated herin and made a part of this The VENDOR ill report to the signatorythis CONTRACT. The Contract Period will commence June 14.,2023 and terminating June 8, 2024, Any extensions f time must be by writtenI r paragraph 19 from the TOWN, and are at the sole discretionthe TOWN. Total payments under this CONTRACT shall not L is Contract i expressly subject contingent o an appropriation of funds. The TOWN agrees to use best efforts to pay for services withinthirty O days of receiving Invoice, longas all services providedr fici l detailed In e invoice, that the invoice has filed i the contractingt.Any payment under this Contract shall not constitute r be deemed a waiver, relinquishment.release. r abandonment of any claim which may haveagainst the r breach of this Contract. agrees that no obligationII be consideredto have incurred n r this CONTRACT unlessit a purchaseorder shall have been dulyissued r further, that the obligationincurred ll be limited to the amount set forth in purchaseorder or purchase orders1 issued approved. The VENDOR certifies that performance under this tr ct will meet ethical business standards and good stewardship taxpayer and publicfunding revent waste or . -7- The VENDOR shall at all times during the Contracti t i in full force and effect Employer's Liability, r is Compensation (MGL c.152), Public Liability, and PropertyInsurance. Including contr ct t liability coverage. All insurance shall be for policy limits acceptable to the all required insurance shall be certifiedl ri representative of the insurers on the ' II r 'ACORD' Certificate ofs r (incorporated into and made a part of this agreement), The certificatesshall contain the followingx i s obligations: 'in the event of cancellation r material change in a policyi ific holder. thirty ( ) days prior written tit ill be giventhe certificateholder. Where noticeis not provided 's insurer,the noticewill be providedy tshall be named as an additional insured n r each policyr policies,except Compensation. It is further agreed by the VENDOR that,in the event ` is sued in a court of{ r equity. r demand is made upon the TOWN for payment of any damages arising outof the VENDOR'S per-forma r non-performance is Contract. t , without reservation, s II indemnify 1 harmless the TOWN againstall claims risin t of the VENDOR'S performance r non-performance of the . 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. 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, is shall have exclusive jurisdiction thereof,This paragraph shall not be construed to limit any other legal rights of the parties. The VEN DOR agrees to comply with all the provisions of Genera I Laws.Chapte r 306 and a II re I ated 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- 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. • - 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,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. -13- The VENDOR shall not assign or delegate, in whole or in pan 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,commi"ee,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 Norlh 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, payrolls, records of personnel,conditions of employment and other data relating to all matters covered by this Agreement. 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 4 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. A APP :IIOVED4V "0. PPROVED VEN R 1�0 M ssa elissa Mu Y-R ues Town Manager, North Andover Fed,I.D.or social Security No, /YGs APPROVED AS TO FORK TOWN OF NORTH ANDOVER Christine P.O'Connor Town Counsel Department Head Lyne 4Saage Date. Town Accountant CERTIFICATIONS NON-COLLUSIONCERTIFICATE OF undersignedThe ipenalties f perjury that our bid or ixoposol has been made and submittedin good faith and withm collusion i S other person. As used in Ns certification. the " shall mean natural pow. business. partnership. t tt" committee.union.club r other orpnization,entity,or gmup of individuals. wr Signalute 100,0 00 3110 mwwrNw.grwww.ww/rr++rrrr� Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 21C of the Massachusetts Cxnml LawL SMUM 9A (h), ! w l i" i t y for, herebydo cenlry under the pains and penaltiesf pajury that said contractor has compliedi 1 of the Commonwealthf Massachusetts. and the Town or North Andover. Mating t taxm it or other fees.reportingof employm and contractom and withhoWing and remitting child supporL Signet rc ��y CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Colonial Ford [tic held on January 3, 2023 it was VOTED, THAT John Welch CM (Name) (Officer) of Colonial Ford Inc. be and hereby is authorized to execute contracts and bonds in the name and oil behalf of said Colonial Ford inc. and affix its corporate seal hereto, and such execution of any contract or obligation in the name of Colonial Ford Inc — oil its behalf by such officer under seal of Colonial Ford Inc. shall be valid and binding upon Colonial Ford Inc. I hereby certify that I am the clerk of the above named Colonial Ford Inc. _ and that John Welch is the duly elected officer as above of said Colonial Ford inc. and that: the above vote has not been amended or rescinded and remains in full force and effect as the date ofthis cc tract. June 13, 2023 (Date) (Clerk) z ATTACHMENT Page 1 of 1 Estimate Date: 6/13/2023 rwdR 4_.0 " U U 1=1^L_ C3 rZ* n U r= Estimate# Customer ID: Town of North Andover To: John Lavin 97M85-0950 v'i�°f°�a north r) oveUnia. jLv Salesperson: Jay Matisko 774-556-7548 pricing per the Plymouth County Commissioners Contract 00.f1 Crt1 ,C e 1.00 K4G Ford Edge SE AW D $36 685 00 . �... 1.00 Engine:2.0 Ecoboost includedl �1.00Z, Color:Oxford White includedi e, s, 1.P)0 CE I Ebony cloth seats inrlucI 1.00 51C Mini Spare $98.00j ..,._.. ., o_.. .. � g �paokag®_. �64.2 1.00 60A �._ Cargo 01: 1.00 Lane keeping assist - _ m included] 4.a�o LED IONS t2p front grille(2)_m .,.. rear headliner Amber $780 00 1.00 W�Switch for Lighting $50.00 1.00 Aftermarket remote start $395.001 1_. m.,............. v'entais 00 ors Part#94930 $125 00� m ., ._... . , _.,. .,_..m. 1.00 Weathertech mats front Part#448151 $145.00 _.... Shop supplies 1.00 19500� f�.., pP 1.00 .� Estimated model increase $10,000.00�1� i Total for 1. $ 46,757 20 ... i Special Instructions: 9 P .. Custom or Special Carders are Non-Pafundable I $ 97,514 40 ; Subtotal This Estimate is for Budgetary Purposes and is Not a Guarantee of Cost for Services. Sales Tax Estimate is Based on Current Information From Client About the Project $ 97,514.40 Requirements Total for 20 Actual Cost May Change Lance Project Elements are Finalized Thank You For Choosing The Colonial Way! Colonial Municipal Group www.buycmg.com (774)263-6400 61 Camelot Dr. Plymouth, MA 02360