HomeMy WebLinkAboutContract #: 1681 - From: 11-01-2023 To: 12-13-2026 - B&B ENgineering Corp. - Fire CONTRACT NO.
VENDOR NO. 885
STATE SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this _ day of October, 2023, by and between B&B
Engineering Corporation d/b/a L.W. Bills Company, a domestic profit corporation duly authorized
by law and having a principal place of business at 7-9 Park Street, P.O. Box 7, Georgetown,
Massachusetts, hereinafter called "CONTRACTOR", 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 selected the CONTRACTOR from Massachusetts State Contract No. PSE01.
WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to
perform the services requested by the TOWN; and
WHEREAS, the TOWN has accepted the CONTRACTOR'S proposal subject to the conditions and
agreements herein contained;
NOW, THEREFORE, IT IS AGREED by and between the Parties as follows:
-1-
The CONTRACTOR agrees that it will provide installation and servicing of Signal Communications
equipment as described in accordance with the attached Project Scope. The Project Scope,
Commonwealth's Invitation for Bids, Specifications, Bid, required Certifications, Insurance
Binders, and the Schedule of Minimum Wage Rates, are all incorporated herein and made a part
of this CONTRACT.
The CONTRACTOR will report to the signatory Department Head of this CONTRACT.
-2-
The Contract Period will commence on November 1, 2023 and terminating December 31, 2026.
Any extensions of time must be by written NOTICE per paragraph 21 from the TOWN, and are at
the sole discretion of the TOWN.
-3-
Total payments under this CONTRACT shall not exceed One Hundred fifty and 00/100
($150,000.00) dollars. 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 thatthe 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 CONTRACTOR for breach of this Contract.
-5-
The CONTRACTOR 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 CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing. The
CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR." The
TOWN shall be named as an additional insured under each policy or policies, except Workers'
Compensation.
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For the purpose of the Contract,the CONTRACTOR 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
-8-
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 TOWN for payment of any damages arising out of the
CONTRACTOR'S performance or non-performance 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-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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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
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Massachusetts as they may from time to time be amended. The CONTRACTOR 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. The CONTRACTOR will, if applicable, submit certified weekly payrolls to the
TOWN in accordance with MGL c.151, §1, et seq. The wage rate schedule attached to the bid or
solicitation shall be made a part of this contract, and shall continue to be the minimum rate or
rates of wages during the life of the contract as updated yearly unless adjusted by the
Commonwealth. The CONTRACTOR shall cause a copy of said schedule to be kept posted in a
conspicuous place during the life of the contract.
-12-
The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.15113 (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 CONTRACTOR 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 CONTRACTOR shall give its personal attention constantly to the faithful performance of the
work and 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.
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-16-
It is understood and agreed by the TOWN and the CONTRACTOR 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 CONTRACTOR a copy of the Contract Performance Record
Form shall be furnished to the CONTRACTOR.
-17-
The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN
of North Andover have been paid in full.
-18-
All fees for TOWN permits or licenses required for these services shall be waived, but any
additional fees for licenses and permits shall be the responsibility of the CONTRACTOR.
-19-
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 CONTRACTOR 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.
-20-
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.
-21-
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
5
received at the time of actual service or three (3) business as after the date of a certified or
registered mailing properly addressed, Notice tothe CONTRACTOR shall be deemed sufficient if
sent to the address set forth in the Contract and to the TOWN by being sent tote Town
Manager, North Andover Town all at 120 Main Street, North Andover, Essex County,
Commonwealth of Massachusetts,
IN WITNESS WHEREOF,the CONTRACTORS 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.
APPR ED, CONTRA R ering orp,, dba L.W. Bills Company
..........
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ep�reslkn
Wwasa Murphy-Rodrigues /I / I
Town Manager, North Andover ,6dJ,D. or Social Security No.
APPROVED AS TO FORM: N OF N TH ANDOVER
Christine, P. O'Connor
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Town Counsel ent Head
I
--------------
lane ajya\g�e_
fown Accountant
Date:______11/"15
NON-COLLUSIONCERTIFICATE OF
The undersigned rtn n der penalties of pe&ry that our bid or proposal has been made and
submitted In good faith and without collusion or fraud with any other person. As used an this
certification, the word " N "' shall mean natural person, business, rship, corporation,
committee,union,club or other organization,enfity,or group of individuals.
Santi " � _ _ gate: em
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l „m dl. ., lllls
.... ... .._........ Y
Hint Name TitleCompany Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49 ( ),l
, 1 ,,__...._. ...." .. .._..r._._. authorizedsignatory ffbr j, .. " wr db L. . dillsCo.
... ._ _. .:�..I.............I__.W
Name oj'individual Nwne of contractor
o hereby certify under-the pains d penalties of pe&ry that said contractor has complied with
all laws of the Commonwealth of Massachusetts, e Town of North Andover, relating to
taxes,permit or other fees,reporting of employ s and contractors,and withholding and remitting
child support.
1r
✓, ` n ktwe Vice Date
"�ne: President
7
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
2 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)
NOT APPLICABLE
8
L.W. BILLS COMPANY TMSM
DIVISION OF B &B ENGINEERING CORPORATION
w ' 7-9 Park Street,PO Box 7
Georgetown,MA 01833-0007
(978)352-6660 - Fax(978)352-6639
Office@LWBills.com - www.LWBills.com
North Andover Fire Department October 3, 2023
Attn : Dave Hebert Email: DHebert@Northandoverma.gov
795 Chickering Road
North Andover, MA 01845
Dear Dave,
Job Reference: North Andover Police Dept.— 1475 Osgood Street—New TRX50 Radio Box Receiver and One RDS.
L.W. Bills Company is pleased to submit the following quote for the installation of(1)one new Signal Communications
TRX50 Radio Box Receiver and (1) RDS Operator Position. This equipment will be replacing the existing Vision 21 which is
no longer manufactured. This quote includes all the equipment listed below and the labor to install, program and test.
All equipment is listed on the MA State Bid Contract PSE01 —copy enclosed.
Total
Description Quantity Price/Each Extended Price
TRX50 System Processor -Municipal 1 $ 28,750.00 $ 28,750.00
TRX50 Radio Module -Municipal 1 $ 6,200.00 $ 6,200.00
TRX50 User Interface w/22"Monitor 1 $ 690.00 $ 690.00
TRX50 Charger Power Supply 1 $ 4,850.00 $ 4,850.00
TRX50 Remote Dispatch Position(RDS) 1 $ 4,250.00 $ 4,250.00
TRX50 RDS User Interface w/22" Monitor 2 $ 690.00 $ 1,380.00
RDS Ethernet Switch (need UPS) 2 $ 75.00 $ 150.00
TRX50 Data Thumb Drive&Software Package 1 $ 795.00 $ 795.00
Batteries 12V 26AH (2 per System Processor) 2 $ 175.00 $ 350.00
100 Pack 10-32 Cage Nut Hardware 1 $ 150.00 $ 150.00
Data Rack 374 24"W x 27"D x 72"H 1 $ 2,995.00 $ 2,995.00
RDS-APC 600 VA UPS Backup 2 $ 195.00 $ 390.00
Server Monitor Mount 19" 1 $ 195.00 $ 195.00
TRX50 Tripp Lite Power Conditioner Rack Mount 1 $ 725.00 $ 725.00
HDMI Cable Extender Kit 1 $ 110.00 $ 110.00
Number Keypad&USB Hub Kit 1 $ 110.00 $ 110.00
USB Cable Extender Kit 1 $ 110.00 $ 110.00
Misc. Cables&Electrical Supplies 1 $ 425.00 $ 425.00
Total Equipment Costs $ 52,625.00
Equipment List Price $ 52,625.00
Less 15% MA State Bid Discount $ (7,893.75)
Labor to Install, Program,Test, and Training $ 14,659.50
Total Price $ 59,390.75
Please Note:
1. We will connect to the existing antenna system.
2. LW Bills will take possession of the Vision 21 equipment.
3. Quote is good for 90 days.
4. Manufacture delivery time is 90 to 120 days.
5. Add 5%to 10% per year for equipment and labor increases.
6. Labor is based upon Prevailing Wage Rates.
All labor and materials hold a one-year warranty. Any permit fees will be invoiced separately and additionally. If you would
like to proceed with the work, please sign, date, and return this to our office, with a purchase order if required. If you have
any questions or desire further information, please do not hesitate to contact us. Thank you for the opportunity to quote.
Sincerely,
2avi.&y white,
Randy White
Vice President—Retired Chief
L.W. Bills Company
RWllaf
Approved: Date:
Purchase Order: