HomeMy WebLinkAboutContract #: 1966 - From: 07-01-2026 To: 06-30-2027 - Shannon Chemical Corporation - WTP CONTRACTNO.
VENDORNO. J
CONTRACT WITH THE TOWN OF NORTH ANDOVE R FOR SUPPLIES
THIS CONTRACT made and entered into this 15 day of April, 2026, by and between Shannon
Chemical Corporation, a domestic profit corporation duly authorized by law and having a
principal place of business at P.O.Box 376 Malvern,PA 19355, hereinafter called"VENDOW',
and the and the TOWN of North Andover, C"TOWN") a municipal corporation duty established
by law and located at 120 in Street, North Andover, Essex County, Commonwealth of
Massachusetts,
WHEREAS, the TOWN issued its Invitation for Bids through the Northeast/merrimack
Valley Chemical Consortium for Zinc Orthophosphate(SLI-932 OR EQUAL; Bulk)and;
WHEREAS, the TOWN has accepted the Vl3NDOR'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 VENDOR agrees that it will provide Zinc Orthophosphate (SLI-932 OR EQUAL) 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 if
applicable,the Schedule of Minimum Wage Rates,are incorporated herein and made a part of this
CONTRACT.
The VENDOR will report to the signatory Departinent Read of this CONTRACT.
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The Contract Period will commence on July 1, 2026 and terminating June 30, 2027. Any
extensions of time must be by written NOTICE per paragraph 19 from the TOWNI , and are at the
sole discretion.oft a TOWN.
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The contract price shall be $0.4870/,vyet pound. This Contract is expressly subject to and
contingent upon an appropriation of funds.
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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 contiveting 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.
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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.
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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.
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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); and before commencement of work
hereunder the VENDOR agrees to furnish the TO 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 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.
For the purpose of the Contract,the VENDOR 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—$1,000,000 for each occurrence
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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.
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,
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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 cognisant 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.
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The VENDOR agrees to comply with all the provisions of General Laws, Chapter 30B and all
related sections, including amendments thereto, in perfortning all or 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 oft a said sections shall apply even though it may appear
they are not applicable tote work of the type to be performed kinder this CONTRACT.
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The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requirements irnposod 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 fi-om 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, tinder the provisions of General Laws c.149 (Prevailing Wage), and shall be in force
and as amended.
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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.15 1 B (Law Against Discrimination)and
any executive ordetil,rules,regulations,and requirements oft a Commonwealth of Massachusetts
as they may from time to time be amended.
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The VENDOR 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 to 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.
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(lie
TOWK
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It is further agreed that the TOVM may terminate this CONTRACT without cause, upon fourteen
(14)days'Written notice to the other party,sent lay certified mail,to the usual place of business of
the other party. TheTOVM may also terminate this CONTRACT at any time for cause.
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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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The VENDOR certifies that any and all taxes and municipal fees due and owing to the T(7WN of
North Andover have been paid in full.
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This contract is only binding upon,and enforceable against the'rOMW if- 1)the Contract is signed
by the TOWN Manager or her designee; 2)and endorsed with approval of TOWN Counsel as to
folin.
At any time during normal business hours, and as often as the TO N, may deern 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 date 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
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.
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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 property addressed. Notice to the VENDOR shall be deemed sufficient if sent
to the addivss set forth in the Contract and to the TOWN by being sent to the Town Manager,
North Andover Town all 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 it name and behalf by their
duly authorized officers the day and year first above written.
APPROVED- VENDOR
Ey ..on Chern I Corporation/Daniel C. Flynn, President
Melissa Murphy-Rodrigues
Town Manager,North Andover Fed.I.D.or Social Security No.
23-1856793
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
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Christine P.O'Connor
Town Counsel Department
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To
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CERTIFICATIONS
CE,RTIF ICATE OF NON-COLLUSION
The undersigned certifies under penalties of poijury that our bid or proposal has been made and
submitted in good faith and without collusion or fi-aud 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.
Signature- Date- 04/17126
Daniel C. Flynn, President Shannon Chemical Corporation
Print Nam T@t_e CoMpany Name
CE RTMCATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A (b), I
Daniel C. Flynn authorized signatory for Shannon Chemical Corporation
Name of hidiNdual Name of contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the CommonwrAilth 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.
Daniel C. Flynn, President 04/17/26
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(Shantion Cheintaki Corp. ,
P0.0ax376 I"Y(,ttrw,PAlt?,3,iSmPho no.((j]0)363 9090 * Fcix. (610)624,6050
Corporate Resolution
At the meeting of directors of SHANNON CHEmicAL CoRpattxr[ON, duty noticed and
held on March 19,2026 a quorum being there pre.sent,on motion duly made and seconded.
It was.
Resolved that Daniel C. Mynn, be and is hereby appointed, constituted and designated as
agent and Attorneyrin-Fact of the corporation with full po'wer and authority to act on behalf
of this corporation in all negotiations; bidding, concerns and transaction, including but not
limited to the execution of All bids, papers, documents, affidavits, bonds, suteties, contracts
and acts and to receive and receipt therefore all.purchase orders and notices issued pursuant
to the provisions of any such bid or contract. This corporation hereby ratifying, approving,
confirtning and accepting each and every such act performed by said agent and Otto rricy-in-
Fact.
I hereby certify the foregoing to be a true and correct copy of an excerpt of the minutes of
the above dated meeting of the board of directors of said corporation,and the same has not
been revoked or rescinded.
i Flynn,Secretary
'0/evii.1z"
DA= —
Date
Incorporated.Pennsylvania
Seal: