HomeMy WebLinkAboutContract #: 1832 - From: 03-25-2025 To: 03-16-2026 - TT of FD Haverhill, LLC - Fire SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER
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THIS CONTRACT made and entered into this-6 I day of March, 2025, by and between TT of FD
Haverhill, LLC d/b/a Autofair For of Haverhill, a domestic profit corporation duly authorized by
law and having a principal place of business at501 Broadway, Haverhill, Massachusetts 01832,
hereinafter called "CONTRACTOR", and the and the TO" of North over, ("TO"") 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 Invitation for Bids dated February 19, 2025 for repair work on
fire department veliciles, 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:
-I-
The CONTRACTOR agrees that it will provide repair work on Fire Department passenger vehicles
and trucks, specifically items 46 and#7 on attached Appendix A, as described in accordance with
the Invitation for Bids, Specifications, and the Bid. The Invitation for Bid, the Specifications, the
Bid, all required Certifications, all Insurance Binders, and the Schedule of Minimum Wage Rates,
are incorporated herein and made a part oft is CONTRACT.
The CONTRACTOR will report to the signatory Department Head of this CONTRACT.
-2-
The Contract Period will commence upon signing and terminate on March 16, 2026. Any
extensions of time must be by written NOTICE per paragraph 27 from the TOWN, and are at the
sole discretion oft e TOWN.
-3-
Payments under this CONTRACT shall not exceed the rate of$168.00 per hour. This Contract is
expressly subject to and contingent on 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 to 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 TO"may
have against the CONTRACTOR for breach oft is 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
ftirther, 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 oft yer and public ftinding 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 ofthis agreement); and before commencement of work
hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s) of insurance or
other evidence satisfactory tote 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 benamed as an additional insured under each policy or policies, except Workers'
Compensation.
For the purpose oft e 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 oft e CONTRACTOR'S performance or non-performance of the CONTRACT.
...........................
Page 2 of 8
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.
-10-
This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local, which are applicable tothis 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.
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 oft is 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 tat work of the type to be performed under this 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 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 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 c151, §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 oft e contract.
-13-
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 B (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
Page 3 of 8
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.
-14-
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 out the written approval of the
TOWN.
-15-
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,tothe usual place of business of
the other varty. The TOWN may also terminate this CONTRACT 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 oft e TOWN under this contract.
-16-
The undersigned certifies under penalties of pedury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any of person. As used in this
certification,the word "person" shall mean any natural person,business,partnership, corporation,
on, committee, club or other organization, entity, or group of individuals.
-17-
It is understood and agreed by the TO" 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 or 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.
-18-
The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the
TOWN of No Andover have been paid in full.
-19-
All fees for TOWN permits or licenses required for these services shall be waived.
............................................................... .................................... ................................................................I..............................
Page 4 of 8
-20-
Notwithstanding anything in the Contract documents to the contrary, any and all payments is
the TOWN is required to make under this Contract shall be subject to appropriation or other
availability of funds by the TOWN Accountant. The TOWN may immediately terminate or
suspend this CONTRACT without liability on the part of the TOWN for damages, penalties or
other charges in the event the appropriation ftinding this CONTRACT is terminated or reduced to
an amount which will be insufficient to support anticipated future obligations under this
CONTRACT.
-21-
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 tomake 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, 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.
-27-
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 tothe CONTRACTOR shall be deemed sufficient
if sent to the address set forth in the Contract and to the TO)AIN by being sent to the Town Manager,
North Andover Town Hall at 120 Main Street,North over, Essex County, Commonwealth of
Massachusetts.
Page 5 of 8
IN WITNESS WHEREOF, the CONTRACTORS and the said TOWN OF NORTH ANDOVER
have hereto and to a duplicate hereof, caused their corporate seals to be affixed and these presents,
together with said duplicate,to be signed in their name and behalf by their duly authorized officers
the day and year first above written.
THE TOWN THE CONTRACTOR
—AutoFair For of Haverhill
Div' 'onlDepartment Head Company Name
To Manager Date Sig'n-ature Datd
-...Adam Schreffler Managing Partner_
APPROVED AS TO FORM: Print Name & Title
Federal Identification
Town Counsel No.: 87-2854845
CERTIFICATION AS TO AVAILABILITY OFF
-A'Iri' n - cc�ounta�nt � Date�
Page 6 of 8
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of pedury 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 or "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
9 A 111, 1
U S ant 10�Chapter 62C of the Massachusetts General Laws, Section 4 1--. k U I I
X
74�1� - `� n,t 0 ., authorized signatory for
Name oJ'individual Name qj'coniractor
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 No over, relating to
taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting
child support.
§7 Ignature Date"
................
Page 7 of 8
Certificate of Authorization
® A c vote of the corporation may be substituted for this form.)
The Vendor, _OCT'r. 11Z�t le,'l is: (CHECK ONE)
(Narne of Coiii.panyi(.oi)sultwit/corpo"ratioii)
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 compa or a partnership formed and existing under the
laws of the state of and pursuant to the limited liability
com7any agreernept 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 Zs-tined by Corporate Officer, Partner, or Sole
Prop ie r)
Print' Name of Above
Title _27
Date
Page 8 of 8