HomeMy WebLinkAboutContract #: 1785 - From: 09-26-2024 To: 09-25-2027 - A/D Instrument Repair - Water Treatment Plant CONTRACT No.
VENDOR NO. U399
SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this day of September,2024, by and between Alb
Instrument Repair Inc. , a domestic ,profit corporation duly authorized by law and having a.
principal place. of business at 39 Adeline St., 'Hampstead, NH 03841, 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 issued its Request for Quotes dated:August;20, 2024 for Preventative
Maintenance and Emergency Services to Maintain,. Calibrate, and Repair Process
Instrumentation and;
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:
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The CONTRACTOR agreesthat it Will provide Preventative Maintena`nceand EmergencyServices
to Maintain,Calibrate,and Repair Process Instrumentation as described in accordance with the
Request for Quotes;;Specificati`ons, and the Bid.The Request for Quotes, the Specifications,the.
Bid,all required Certifications,,all Insurance Binders, and the.Schedule of Minimum Wage eRate%
are.incorporated herein and made a part of this CONTRACT
The CONTRACTOR will report to the signatory Deparfrnent Head of this CONTRACT.
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The Contract Period will commence -on September 26, 2024 and terminating September 25,
2027.Any extensions of time must be by written NOTICE per paragraph 21 from the TOWN,,and
are at the sole discretion of the TOWN:
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Total payments under this CONTRACT shall not exceed .FIFTY THOUSAND:($50,000.00) DOLLARS,
This Contract is expressly subject to and contingent upon an:appr6ptiation of funds:
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The TOWN agrees to use best efforts to pay:for services within thirty (80) days of:receiving an
invoice,so long as all services provided are suffic entlydetailed 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.
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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.
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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.
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T.he CONTRACTOR shall at all times during ther 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 agreem.ent); and before commencement of work
hereunder the:CONTRACTORagreesto furnish the TOWN with certificates)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 (3 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 shah be Wiled 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 folio-wing types of insurance in
at least the limits specified below.
Workers' Compensation —the required statutory amount
Employet!s Liability-,$500,000
Bodily Injury& Properly Damage Liability. Except Automobile—$500,000
Automobile Bodily Injury 8;Property Dam U00 age Liability—$ ,000 combined single limitforeach
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accident.
Excess Umbrella Liability—$1,000,000 for each occurrence
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It is further agreed by the CONTRACTOR that,in the event the TOWN is sued in a court of r law-or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
CONTRACTOR'S performaince or non-performance of this Contract, then the CONTRACTOR,
without reservation, shall indemnify and hold harmless the TOWN against a-ny and all claims
arising out of the CONTRACTOR'S performance or non:perforrnance�of the CONTRACT.
To the full extent permitted by law, no official,employep,agent or representative of the TOWN
of North Andover shall be individually or personally lla'ble on any obligation of the TOWN under
this Contract.
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal,state and
local,which are appl,i,cable'to this Contract or work with a public entity; and it is,presumed that
the CONTRACTOR.Is cognizant t-hereof. Any and all proceedings or actions relating to the subject
matter herein shall be brought and maintained,in the courts of the Commonwealth, which shall
have exclusive jurisdiction thereof. This pa.ragraphsha.11 not be construed to firnitanyother legal
rights of the parties.
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The CONTRACTOR agrees to comply with al'Ithe' provisions of General Laws,Chapter 30B and-all
related sections, including amendments thereto, in performing all work under this CONTRACT.,
and the provisions of said sections are made a part of this CONTRACTan-d 'are-to be considered
as covenants conditions hereof as though all the e specifically
teems and c provisions were' .
incorporated herein and the proViSidn'3 of the said sectioh$shall apply 'even though it may appear
they are not applicable to the work of the type to be performed under this CONTRACT.
The CONTRACTOR Will carryoutth6 obligations of this Contract in.full compliance with all.of the,
requirements imposed by or pursuant to General Laws c.151, 91, 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 deter,mined by the Commissioner of the Department of labor and
Industries, under the provisions of Genera 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.
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The CONTRACTORwill carry out"the obligations of this Contract in full compliance with all of the
requirements imposed by or,pursuant to General Laws c.1515 (LawAgainst 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.
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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_approva)of the
TOWN.
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It is-further agreed that the TOWN may terrhinate this CONTRACT without cause, upon fourteen
(14) days'written notice to the other party, sent by certified mal:l,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,perjurythat 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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'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 pr 1 or to release
lease of,final payment-
under this s contract:If requested by the CONTRACTOR TOKa copy of the Contract kfforrnande Record'
Form shall be furnished to the CONTRACTOR.
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The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN
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of North Andover have been paid in full.
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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.
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This contract is only binding--upon, and enforceable againstthe TOWN if:1)the Contract issigned
by the,TOWN Manager or•her designee; 2) and, endorsed with approval of TOWN Counsel as to
At'any time, during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shali.bLs available in the office of the CONTRACTOR for the purpose_of audit,
examination, and/or to make exce,rpU, 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
contra.ct, 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
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original Contradtj 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 givg-n 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 CONTRACTOR Shall be demdd sufficient ff
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,
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Commonwealth of Massachusetts.'
IN WITNESS WHEREOF,the CONfRACTORSandthe said TOWN OF NORTH ANDOVMhave hereto
and to a duplicate and triplicate hereof, caused 'their corporate seals to 45 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: CONTRACTORS
By C—
Meri-s9a ur-ohy-Rodriguesi
Town Manager,North .Ahdov' er Fed.J.D. or Social Security No.
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
0l N 1
Christine P_iL O'.Conhor
Town Counsel Department Head
Kvl.d-Wa e
o
Tyn A$ untant
Date:
CERTIFICATIONS
CERTIFICATE OF NON COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal
pposl, 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..
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SignatureI A Date
hc—
Print Name*Tit16 'V(-e_%tckt Company- - Naive
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CERTIFICATE OF TAX COMPLIANCE
Pursuant.to Chapter 62C of the Massachusetts General Laws, Section 49A(b),I
6%c.,PVWJM an. authorized signatory for- 00 1 et�r-, k- C—,
Name of ihdividudl Name of contfaddr
certify under the pains and penalties of perjury that said contractor has complied with-do hereby o
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 Data
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Certificate of Authorizatioft
(NOTE:A certified vote of the corporation may be substituted for this form.)
The Vendor, AD _!r` i�rat n�+-_ t2e. ci f. .MG• is:(CHECK.ONE)
(Name of Compaty/Corisultant/Cdporahon)
V A. a.co%mtion formed and existing upderthe laws of the state of
and pursuant to the corporate by-laws
(Iusertivame 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 shallbe
valid and bindingupQwthe corporation.
B. it limited liability company or:a partnership formed.and existing ender the
laws ofthe state of ,and pursuant to the limited_ liability company_
agreement orpartnership agreement,
onsertName and Title of AuthorizedRepresentative)
is authorizedto execute contracts in the`name of said company orpartnership.Such execution of
any:contractor obligation in this company:orpartnership's name on its behalf by such.duly
authorized individual shaTbe valid and bind ngupon the company orpartnership.
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 besligned by,Corporate Officer,Partner,or Sole
Proprietor)
�1oa1C.�S :ricalncascn^..
Print N e of Abo e
�hll �2 f �_ fC,42n
Title
Date
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