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HomeMy WebLinkAboutContract #: 1770 - From: 08-20-2024 To: 08-19-2027 - Dennis K. Burke - DPW CONTRACT NO. 6NE693 4EftE54- VENDOR NO. 581 STATE VENDOR CONTRACT FOR SUPPLIES WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 20 day of August, 2024, by and between Dennis K. Burke, a domestic profit corporation duly authorized by law and having a principal place of business at 555 Constitution Drive, Taunton, MA 02780, 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 VENDOR is an accepted supplier by Massachusetts per State Contract No. ENE53 and ENE54 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: -I- The VENDOR agrees that it will provide diesel and gasoline fuel as described in the User Guide. The User Guide, the Commonwealth's Invitation for Bid, the Specifications, the Bid, required Certifications, and Insurance Binders 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 August 20, 2024 and terminating August 19, 2027. Any extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the sole discretion of the TOWN. -3- Total payments under this CONTRACT shall not exceed the following unit prices: Diesel: ULSD-LTL ULSD-TL Gasoline: LTL TL $0.2172 $0.1274 $0.0737 $0.1547 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). 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. -8- 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 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. 2 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.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 part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the TOWN. 3 -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, 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 4 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. APPROVED: VENDOR By Melissa Murphy-Rodrigues Town Manager, North Andover Fed.l.D. or Social Security No. 04-2275626 APPROVED AS TO FORM: TOWN OF NORTH ANDOVER Christine P. O'Connor Town Counsel Department Head Ky ar e l Town A ountant Date: 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. �" 08/20/2024 Signature ,- Date: Joseph Cote,Chief Supply and Business Development officer Dennis K. Burke, Inc. Print Name &Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Joseph Cote , authorized signatory for Dennis K. Burke, Inc. 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. / , / `11108/20/2024 Sig IPhture Date 6 **SEE ATTACHED Certificate of Authorization (NOTE: A certified vote of the corporation may be substituted for this form.) The Vendor, is: (CHECK ONE) (Name of Company/Consultant/Corporation) A. a corporation formed and existing under the laws of the state of ,and pursuant to the corporate by-laws, (Insert Name and Title of Authorized Representative) is authorized to execute contracts in the name of said corporation.Such execution of any contract or obligation in this corporation's name on its behalf by such duly authorized individual shall be valid and binding upon the corporation. B. a limited liability company or a partnership formed and existing under the laws of the state of ,and pursuant to the limited liability company agreement or partnership agreement, (Insert Name and Title of Authorized Representative) is authorized to execute contracts in the name of said company or partnership.Such execution of any contract or obligation in this company or partnership's name on its behalf by such duly authorized individual shall be valid and binding upon the company or partnership. C. is a sole proprietorship owned an operated exclusively by the undersigned. (Insert Name and Title of Authorized Representative) Execution of any contract or obligation in this sole proprietorship's name by such duly authorized individual shall be valid and binding. Signature: (Must be signed by Corporate Officer,Partner,or Sole Proprietor) Print Name of Above Title Date 7 DENNIS K, BURKE INC. Minutes of Meeting of the Board of Directors Of Dennis K.Burke Inc FebrUary 1, 2024 A meeting ol'the Board of Directors of Dennis K. Burke Inc. was held at the office of'the Compawy, in Taunton. MA on February 1, 2024. Edmund F.Burke.Jr. and Dan Hill were both present in Taunton. The purpose of the meeting was to identify and confirm that the following individuals are authorized to sign and execute contracts.bonds.or other obligations on behalf of Dennis K. Burke file.: • Edmund F. Burke,Jr-President • Joseph Cote- Chief Supply and Business Development Officer • Dan Hill- Chief Operating Officer • Mark Pszeniczny- Sales Manager • Ryan Downey-Controller • Neat Finklestein -Tax Manager It was voted that the above employees are authorized to act and sign on behalf of Dennis K. Burke Inc, There being no further business to discuss. motion was made and seconded to ad.]OLII-11. Edmund F. Burke, Jr. President %C S jj,,110 NUM ESP 1.8004UY-6URKrz MEMO www but*aosl com