HomeMy Public PortalAboutBookMobile RFP Final LEGAL NOTICE
TOWN OF WATERTOWN
BOOKMOBILE
Watertown Free Public Library
The Town of Watertown is seeking BIDS for the supply of One new and Unused
BOOKMOBILE at the Watertown Free Public Library. BookMobile specifications will be
available beginning March 22, 2021 through April 6,2021. The Town reserves the right to
reject any and all bids.
The selected firm shall have demonstrated previous experience in providing new and unused
BookMobiles as specified in the bid documents.A complete specification may be obtained,
without charge, by contacting the Purchasing Department by email at
purchasinR(&watertown-ma.2ov or on the Towns web site at www.watertown-
ma.aov/documentcenter purchasing. Documents will be available after 8:30 a.m.—5:00
p.m. Monday — Friday, beginning March 22, 2021— April 6, 2021 at 11:00 a.m.
prevailing time and day. No late submissions will be accepted. It is recommended that
respondents to this request familiarize themselves with the detailed specification.
It is the intent of the Awarding Authority to award a contract within thirty(30)business days
after receiving the proposals. This service is being procured in accordance with MGL.30B.
The deadline for submitting proposals to the Town of Watertown,Purchasing Department,
Administration Building, 149 Main Street,Watertown,MA,02472,is 11:00 a.m.,Tuesday,
April 6, 2021.
Raeleen Bandini
Purchasing Agent
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BOOKMOBILE
SPECIFICATIONS
❑ DENOTES OPTIONAL FEATURES
❑ DENOTES OPTIONAL FEATURES INCLUDED IN QUOTED PRICE
9. BASIC SPECIFICATIONS AND DIMENSIONS
1. Overall Length, maximum 24 ft. 1 in.
2. Exterior width, maximum 80 in.
3. Height excluding roof mounted air
conditioners, maximum 9 ft.
4. Wheelbase, maximum 170 in.
5. G.V.W.R., minimum 11,030 lbs.
6. Interior load space (distance between
back of drivers seat and rear wall minimum) 14 ft. 1 in.
7. Interior width maximum 70 in.
8. Headroom minimum 76 in.
9. Volume capacity, minimum 1,700 @ 40 books/36" shelf
II. CHASSIS SPECIFICATIONS
1. CHASSIS TYPE Sprinter, Model 3500, front engine.
2. AIR CLEANER Dry type
3. AIR CONDITIONER Provided in cab area. Operates when
vehicle motor is running. Shall have multi-speed fans
and automatic operation.
4. ALTERNATOR 12 V, 220 amp HD alternator
5. BATTERY 12 V maintenance free, 100 amp hours
6. BRAKES Four wheel Disc, power hydraulic, self adjusting with
vented front discs, four wheel anti-lock braking
system (ABS). Provide emergency brake.
7. CONTROLS All the following shall be provided: foot operated
throttle, brake pedal; parking brake lever with warning
light; transmission selector; dimmer switch; self-
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canceling directional signals; hazard signal switch;
headlamp switch; rheostat-controlled lighting; key-
type starter switch.
8. DRIVE LINE Drive line guard shall be provided.
9. ENGINE Diesel 3.OL V6 DOHC, 188HP, Direct diesel
injection, 24 valve intercooled turbo. Fuel filter with
water separator.
❑ Engine block heater shall be provided.
10.ENGINE HOOD One piece hood which opens for exterior access to
engine oil and transmission oil check.
11.EXHAUST Single, stainless steel with heavy duty in-line
SYSTEMS muffler.
12.FUEL TANK Minimum 26.4 gallons capacity. Provide locking fuel
access door.
13.HEATER AND High output hot water type. Front and rear window
DEFROSTERS defrosters.
14.HORNS Dual electric.
15.INSTRUMENTS Speedometer, odometer, trip odometer, tachometer,
fuel gauge. Warning indicators include oil pressure,
engine temperature, battery, low oil level, low coolant,
lights on, key, low fuel, low washer fluid, bulb failure,
door ajar, service interval, brake fluid, brake pad
wear.
16.OIL FILTER Full flow disposable.
17. POWER STEERING Tilt and telescopic adjustment. Hydraulic power-
assist, rack and pinion steering.
18.RADIO Electronically tuned AM/FM stereo with seek-scan
and digital clock.
19.SHOCKS Front and rear heavy duty.
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20.SUSPENSION Front strut suspension with HD front anti-roll bar.
Transverse leaf type. Minimum 4,080 lbs. spring
rating.
21.SUSPENSION Leaf type, rear anti-roll bar, minimum 7,060 lb.
REAR spring rating.
22.TIRES LT 215/85SR16 BSW (6), Full size spare tire shall be
provided, underbody mounted, with crankdown
feature.
23.TRANSMISSION Electronic 5-speed automatic w/overdrive and lock-
up. Auxiliary transmission oil cooler.
24.WHEELS 16.0 x 5.5 in. steel dual rear wheels. Spare wheel
shall be provided.
29. WINDSHIELD One-piece windshield safety plate.
Windshield shall be tinted.
30.WIPERS Dual 2-speed electric, with washer and intermittent
feature.
III. BODY SPECIFICATIONS
1. BUMPERS Front and rear constructed of heavy gauge steel.
2. DOORS Sliding passenger side door. Provide add-on exterior
step. Two rear wall moving swing-out doors.
❑ Dual panel passenger side patron door. Shall be
electric powered, outward opening, 38" x 80".
Provide manual emergency release and dash
mounted and Ioadspace mounted switches.
Provide a stepwell for lower entry surface.
❑ Exterior mounted key operation for dual panel
passenger side patron doors.
3. FLOOR Metal pan to seal from road-side. In addition add '/4"
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Luaun plywood to act as a sub floor.
4. HANDRAILS Vertical hand rails at both sides of stepwell. To be of
stainless steel, minimum 1.25 in. diameter, with radius
corners, solidly mounted.
5. INSULATION Radiant Shield brand on walls and ceiling. Rated at
minimum R38.
6. LIGHTS 12V basic body, interior dome, stepwell, stop and tail,
back-up, irectional, emergency flashers, parking
lights, halogen headlamps. Exterior mounted, rear
wall center high mounted stop light.
7. MIRRORS Two deluxe exterior west coast type
❑ Remote controlled and heated
8. MUD FLAPS Properly sized for rear dual tires
9. REFLECTORS All necessary
10.SEALS Body panels to be assembled with epoxy and silicone
sealants, windows to be set in rubber, doors to have
rubber seals.
11.STORAGE Glove box. Instrument panel covered bin. Dashboard
storage bin. Driver and passenger door bins. Front
cup holder.
12.SUN VISORS Driver and passenger.
13.UNDERCOATING Body floor, skirt and wheelhousing are to be
& RUSTPROOFING undercoated after assembly.
14. VENTILATION Fresh air through chassis heater system.
15. WHEEL HOUSINGS Shall be properly sealed and insulated.
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16. WINDOWS All windows (glass) shall be tinted. Window in sliding
door, if this door is chosen. Full length glass in
optional full height patron doors.
IV. UPFITTING SPECIFICATIONS
1. AIR CONDITIONING Front includes automatic temperature control and
temperature gauge.
❑ Interior mounted 42,000 BTU Heater/Air
Conditioner. Vehicle engine driven. (Preferred
heater/air conditioner if no generator is included.
❑ Roof mounted air conditioner. Is air conditioning
only (14,000 btu). Vehicle engine driven. Cooled air
is supplied via adjustable outlets on the ceiling
mounted air duct. (Reduces interior height two inches
at center line of ceiling.
❑ Roof mounted air conditioner. Requires generator.
13,5000 btu. Includes directional vents.
2. CEILING Ceiling to be finished with a lightweight substrate
material overlaid with one continuous piece of non-
glare, pebble grain, white textured fiberglass. Kemlite
or Sequentia brand FRP board .090 thickness. Must
meet ASTME-84 rating.
❑ Lightweight substrate overlaid with commercial
grade olefin sound absorbing acoustical fabric. Meets
all applicable flame and smoke emission ratings.
3. DESK One staff desk constructed of furniture grade plywood.
Desktop shall be 1/4" thick with laminate bonded to the
plywood. Desk to have a positive latching pencil drawer
beneath the work surface. Desktop to include a cable
pass-through grommet.
4. ELECTRICAL All wiring shall meet or exceed N.E.C. or applicable
FMVSS standards.
INTERIOR WIRING 12 VOLT
Wiring shall be THHN stranded, bundled, and color
coded. UL listed circuit breakers. Each circuit shall be
independently protected.
INTERIOR WIRING 120/240 VOLT
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Interior wiring shall be 120/240 volt and sufficient to
supply all electrical services and HVAC requirements.
Wiring shall be THHN stranded, bundled, color coded,
and numbered. All circuits are to be controlled by UL
listed circuit breakers. Each circuit shall be
independently protected.
❑ 110-volt shoreline, 25 ft.
❑ Longer shoreline extension — total of 35 ft. shall be
provided.
❑ Inverter 1000 watts.
❑ Interior duplex outlet
❑ Exterior duplex outlet.
❑ Roof mounted solar panel system to provide for
auxiliary battery recharging. System shall include one
approximately 130 watt solar panel, charge controller
and a roof mounted CB combiner box to provide a
weatherproof entry point. Monitor shall be mounted
near staff desk. Includes two 4D glass mat auxiliary
batteries.
5. FLOOR COVERING Commercial Grade Carpet installed in one
piece with no seams. Five-year wear-dated minimum.
❑ Commercial vinyl floor covering shall be provided
& HARDWARE All necessary door locks, hand rails, door closers,
hold backs, and hinges will be furnished to
provide smooth, efficient operation.
7. INTERIOR FINISH Interior to be custom designed to purchaser's
requirements including desks, closets, storage,
bulletin boards, oversize and adjustable shelving.
Magazine racks and any other special needs, such as
computers, cellular phones, book drops, etc. specified
with bid.
❑As specified by the library, certain exposed interior
surfaces (for example, cabinet doors, and solid desk
fronts and wall space which have no
shelving) will be covered with tackable surfaces.
8. LIGHTING A minimum of eight LED lighting fixtures, minimum six
inches in diameter, provided in ceiling. Provide 12
volt stepwell light wired to operate in conjunction with
the condition of the door and have a on/off switch
mounted in the dash. A 12 volt dome light shall be
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provided in cab area.
❑ Fluorescent 12-volt exterior light shall be provided
at patron door.
❑ 12V fluorescent lights shall be provided each side
sufficient to illuminate graphics and lettering.
9. OTHER Clock shall be provided.
10.PANELING Wall finishes shall be commercial grade, smooth non-
glare laminate applied over lightweight substrate
material. Material to meet FMVSS-302.
11.RADIO ❑ Public address system shall be provided.
❑ Wiring and antenna for cellular phone shall be
provided.
12. SAFETY Dual front air bags, back up alarm, triangle reflector
set, 5 lb. A.B.C. fire extinguisher, ceiling mounted
smoke and carbon monoxide detectors.
❑Additional fire extinguisher.
❑ Rear back up camera with monitor.
❑ Rear back up sonar detector.
13. SEATING Driver and passenger seats shall be bucket type, high
back deluxe with arm rests and height adjustable seat
belts. Both seats shall be 10-way adjustable with
lumbar support. Seats must meet FMVSS302
flammability standards. Driver seat shall swivel in
order to fully face front staff desk.
14.SHELVING Shelving shall be aluminum, adjustable, and
interchangeable wherever possible. Acore brand.
Shelves shall slope 15 degrees, shelving shall be a
combination of 7 inch Acore Model AB 7, and 9 inch
Acore Model AB 9 inch depths, sizes to be specified
by customer. Shelf uprights shall follow interior
contour of walls in order to gain maximum aisle width.
❑Acore brand single sided "Wall Hugger" model
book carts specially modified for use with the
contoured Sprinter walls.
❑ Cart tiedown. One needed for each wall "mounted"
book cart.
❑ Flush mounted floor track for additional bookcarts.
15.WHEELCHAIR ❑ Commercial lift, fully automatic, with backup
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LIFT system, dual handrails, and safety belt. Ricon brand.
Hand held controller for all lift functions.
V. PAINTING AND LETTERING
Cab and body in OEM White. Other OEM colors
available but requires longer lead time, and some at
additional cost.
❑ Graphics and lettering can be quoted upon design.
❑ Graphics allowance of $ .00 to be
included in quote price
VI. MISCELLANEOUS
Additional requirements and items to be provided:
❑Awning- electric, interior mounted switch, and
manual override system. Twelve feet in length.
❑ Bluetooth with speakers
❑ Wi-Fi
❑Alarm system. Pinned to all doors and includes
siren and motion detector.
❑ Fold down window that becomes a staff desk
inside.
❑ Two tall storage cabinets inside along with shelves
VII. DELIVERY
❑ To be made by vendor driver who will make any
minor adjustments to the vehicle as well as explain
complete operation of vehicle.
VIII. WARRANTY
1. WARRANTY 36 months/ 36,000 miles limited warranty.
❑ 12 months/ 100,000 miles limited extended
warranty*
❑ 24 months/ 125,000 miles limited extended
warranty*
❑ 36 months/ 150,000 miles limited extended
warranty*
*Not available in all states
2. BODY ❑ 60 months/ 100,000 miles limited warranty
corrosion perforation.
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3. ENGINE 60 months/ 100,000 miles limited warranty as
specified by manufacturer.
4. TRANSMISSION 36 months/ 36,000 miles limited warranty as specified
by manufacturer.
5. ROADSIDE 36 months/ 36,000 miles
ASSISTANCE
6. UPFITTING AND One (1) year/ Unlimited miles.
CONVERSION
7. GENERATORS As specified by manufacturer
8. AIR CONDITIONING Minimum two (2) years, limited warranty, as specified
by the manufacturer.
9. OTHER Other components such as tires, batteries, etc., as
COMPONENTS specified by the manufacturer.
END OF SECTION
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BID FORM
To the Town of Watertown:
A. The undersigned proposes to furnish ONE NEW AND UNUSED BOOKMOBILE as
specified, for the Town of Watertown.
In accordance with the accompanying specifications including all labor and materials, for the
contract price specified below, subject to additions and deductions according to the terms of the
specifications.
B. MINIMUM EVALUATION CRITERIA
THE BIDDER ACKNOWLEDGES THAT THE TOWN OF WATERTOWN WILL REJECT
ANY BID THAT DOES NOT MEET THE MINIMUM EVALUATION CRITERIA AND
THAT A"NO"RESPONSE OR A FAILURE TO RESPOND TO ANY OF THE FOLLOWING
MINIMUM EVALUATION CRITERIA MAY RESULT IN A REJECTION OF THE BID.
THE BIDDER UNDERSTANDS THAT IT MAY UTILIZE SUBCONTRACTORS
QUALIFICATIONS FOR RESPONDING TO MINIMUM EVALUATIONS CRITERIA.
HOWEVER, THE BIDDER IS SPECIFICALLY ADVISED AND AGREES THAT ANY
PERSON, FIRM OR OTHER PARTY TO WHOM IT PROPOSES TO AWARD A
SUBCONTRACT UNDER THE TERMS OF THIS CONTRACT MUST BE ACCEPTABLE
TO THE OWNER AND TO THE COMMONWEALTH OF MASSACHUSETTS.
1. Bidder is registered with the Secretary of State to do business in the State of
Massachusetts.
YES NO
2. Bidder has provided New and Unused Book Mobiles under Contract to a Massachusetts
governmental entity during the past three years. YES NO
3. Bidder shall have the means and financial stability under his control to fulfill the needs of
the specified equipment to the Town of Watertown. YES NO
BIDDERS SIGNATURE, &
Company Name
C. This bid includes Addenda numbered:
D. The proposed contract price is Dollars
E. The bidder shall submit the BookMobile specification indicating the optional features included
in the bid price.
F. The undersigned agrees that if selected as Contractor, a contract will be required.
G. Bidder understands that the Town reserves the right to reject any or all bids and to waive any
minor informalities in the bids.
H. Amounts are to be shown in both words and figures. In case of a discrepancy, the amount
shown in words will govern.
I. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 days,
Saturdays, Sundays, and legal holidays excluded, after the schedules closing time for receiving
bids.
J. The bid security attached in the sum of 5% (five percent) of total bid is to become the property
of the Town to the extent of the difference between this bid and the next lowest bid of a responsible
and eligible bidder in the event the contract and bonds are not executed within the time above set
forth, as liquidated damages for the delay and additional expense to the Town caused thereby.
As required by MGL C.62C, 49A, the undersigned certifies under the penalties of perjury that the
bidder has complied with all laws of the commonwealth relating to taxes.
BY:
Sign &print Signature
Name of General Bidder:
Company name
Title:
Business Address:
Date:
Town and State:
BIDDERS SIGNATURE
TOWN OF WATERTOWN
BIDDER'S QUALIFICATIONS AND REFERENCES FORM
All questions must be answered,and the data given must be clear and comprehensive. Please type or print legibly. If necessary,add
additional sheet for starred items. This information will be utilized by the Town for purposes of determining bidder responsiveness
and responsibility with regard to the requirements and specifications of the Contract.
1. FIRM NAME:
2. WHEN ORGANIZED:
3 INCORPORATED? YES NO DATE AND STATE OF INCORPORATION:
4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO or MWBE? YES NO
* 5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED DATE
OFCOMPLETION:
* 6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU?
YES NO
IF YES,WHERE AND WHY?
* 7. HAVE YOU EVER DEFAULTED ON A CONTRACT? YES NO
IF YES,PROVIDE DETAILS.
* 8. IN THE SPACES FOLLOWING,PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR
FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF THREE(3)CONTRACTS SHALL BE
LISTED. PUBLICLY BID CONTRACTS ARE PREFERRED,BUT NOT MANDATORY.
PROJECT NAME:
OWNER:
CITY/STATE:
DOLLAR AMOUNT: $ DATE COMPLETED:
PUBLICLY BID? YES NO
TYPE OF WORK?:
CONTACT PERSON: TELEPHONE#: )
CONTACT PERSON'S RELATION TO PROJECT?:
(i.e.,contract manager,purchasing agent,etc.)
PROJECT NAME:
OWNER:
CITY/STATE:
DOLLAR AMOUNT: $ DATE COMPLETED:
PUBLICLY BID? YES NO
TYPE OF WORK?:
CONTACT PERSON: TELEPHONE#: ( )
CONTACT PERSON'S RELATION TO PROJECT?:
(i.e.,contract manager,purchasing agent,etc.)
PROJECT NAME:
OWNER:
CITY/STATE:
DOLLAR AMOUNT: $ DATE COMPLETED:
PUBLICLY BID? YES NO
TYPE OF WORK?:
CONTACT PERSON: TELEPHONE#: ( )
CONTACT PERSON'S RELATION TO PROJECT?:
(i.e.,contract manager,purchasing agent,etc.)
9. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests
any person,firm,or corporation to furnish any information requested by the City in verification of the recitals comprising this
statement of Bidder's qualifications and experience.
DATE: BIDDER:
SIGNATURE:
PRINTED NAME: TITLE:
END OF SECTION
CERTIFICATE OF GOOD FAITH (NON-COLLUSION) and TAX COMPLIANCE
Pursuant of M.G.L. Ch. 62C, Sec. 49A, I certify under the pains and penalties of perjury that the
contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes,
reporting of employees and contractors, and withholding and remitting child support.
The undersigned certifies under penalties of perjury that this bid 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.
Name of Person Signing Bid (Please Print)
Signature of Person Signing Bid
Company
THIS FORM MUST BE SIGNED AND INCLUDED WITH BID
2021-xxx
}
TOWN OF WATERTOWN, MASSACHUSETTS
AGREEMENT
THIS AGREEMENT made this 151h day of April, 2021 by and between the TOWN of Watertown, a municipal corporation
duly organized under the laws of Massachusetts and having a usual place of business at the Administration Building,
149 Main Street, Watertown, MA 02472, hereinafter referred to as the "TOWN", and a
Massachusetts Corporation having a usual place of business at
hereinafter referred to as the "CONTRACTOR".
WITNESSETH:
Whereas, the TOWN invited the submission of interest to provide the Town of Watertown Community
Planning and Development Department with needed professional services.
WHEREAS, the CONTRACTOR submitted interest to perform such task, known as the Project, and the TOWN has
decided to award the contract therefore to the CONTRACTOR.
NOW, THEREFORE, the TOWN and the CONTRACTOR agree as follows:
1. Contract Documents. The Contract Documents consist of this Agreement. The Contract Documents constitute the
entire Agreement between the parties concerning the work, and all are as fully a part of this Agreement as if attached
hereto.
2. The work: The Work consists of delivery of providing the Town of Watertown Free Public Library with one new and
unused BookMobile
3. Term of Contract. This Agreement shall be in effect through unless terminated earlier
pursuant to the terms hereof.
4. Compensation. The TOWN shall pay, as full compensation for items and/or services furnished and delivered in
carrying out this Agreement. Total Unit Price not to exceed $
5. Pavment of Compensation. The TOWN shall make payments within thirty(30)days after its receipt of Invoice.
6. Liability of the TOWN. The TOWN's liability hereunder shall be to make all payments when they shall become due,
and the TOWN shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render
the TOWN or any elected or appointed official or employee of the TOWN, or their successors in office, personally liable
for any obligation under this Agreement.
7. Independent CONTRACTOR. The CONTRACTOR acknowledges and agrees that it is acting as an independent
CONTRACTOR for all work and services rendered pursuant to this Agreement, and shall not be considered an
employee or agent of the TOWN for any purpose.
8. Indemnification. The CONTRACTOR shall indemnify, defend, and hold the TOWN actions, costs and expenses,
including attorney's fees, arising out of the CONTRACTOR's breach of this Agreement or the negligence or misconduct
of the CONTRACTOR, or the CONTRACTOR's agents or employees.
9. Insurance. A. The CONTRACTOR shall obtain and maintain during the term of this Agreement the insurance
coverage in companies licensed to do business in the Commonwealth of Massachusetts, and acceptable to the TOWN,
naming the Town of Watertown additional insured.
B. All policies shall identify the TOWN as an additional insured (except Workers' Compensation)and shall provide that
the TOWN shall receive written notification at least 30 days prior to the effective date of any amendment or cancellation.
Certificates evidencing all such coverage shall be provided to the TOWN upon the execution of this Agreement. Each
such certificate shall specifically refer to this Agreement and shall state that such insurance is as required by this
Agreement. Failure to provide or to continue in force such insurance shall be deemed a material breach of this
Agreement and shall be grounds for immediate termination.
10. Assianment. The CONTRACTOR shall not assign, sublet or otherwise transfer this Agreement, in whole or in part,
without the prior written consent of the TOWN, and
shall not assign any of the moneys payable under this Agreement, except by and with the written consent of the TOWN.
11. Termination. A. Termination for Cause. If at any time during the term of this Agreement the TOWN determines that
the CONTRACTOR has breached the terms of this Agreement by negligently or incompetently performing the work, or
any part thereof, or by failing to perform the work in a timely fashion, or by failing to perform the work to the satisfaction
of the TOWN, or by not complying with the direction of the TOWN or its agents, or by otherwise failing to perform this
Agreement in accordance with all of its terms and provisions, the TOWN shall notify the CONTRACTOR in writing
stating therein the nature of the alleged breach and directing the CONTRACTOR to cure such breach within ten (10)
days. The CONTRACTOR specifically agrees that it shall indemnify and hold the TOWN harmless from any loss,
damage, cost, charge, expense or claim arising out of our resulting from such breach regardless of its knowledge or
authorization of the actions resulting in the breach. If the CONTRACTOR fails to cure said breach within ten (10) days,
the TOWN may, at its election at any time after the expiration of said ten (10) days, terminate this Agreement by giving
written notice thereof to the CONTRACTOR specifying the effective date of the termination. Upon receipt of said notice,
the CONTRACTOR shall cease to incur additional expenses in connection with this Agreement. Upon the date
specified in said notice, this Agreement shall terminate. Such termination shall not prejudice or waive any rights or
action which the TOWN may have against the CONTRACTOR up to the date of such termination, and the
CONTRACTOR shall be liable to the TOWN for any amount which it may be required to pay in excess of the
compensation provided herein in order to complete the work specified herein in a timely manner. Upon such
termination, the CONTRACTOR shall be entitled to compensation for all satisfactory work completed prior to the
termination date, as determined by the TOWN.
B. Termination for Convenience. The TOWN may terminate this Agreement at any time for convenience by providing
the CONTRACTOR written notice specifying therein the termination date which shall not be sooner than ten days from
the issuance of said notice.
Upon receipt of said notice, the CONTRACTOR shall cease to incur additional expenses in connection with this
Agreement. Upon such termination, the CONTRACTOR shall be entitled
To compensation for all satisfactory work completed prior to the termination date, as determined by the TOWN, such
payment not to exceed the fair value of the services provided hereunder.
12. Inspection and Reports. The TOWN shall have the right at any time to inspect the work of the CONTRACTOR,
including the right to enter upon any property owned or occupied by CONTRACTOR, whether situated within or beyond
the limits of the
TOWN. Whenever requested, CONTRACTOR shall immediately furnish to the TOWN full and complete written reports
of his operation under this Contract in such detail and with such information as the TOWN may request.
13. Successor and Assigns. This Agreement is binding upon the parties hereto, their successors, assigns and legal
representatives. Neither the TOWN nor the CONTRACTOR shall assign or transfer any interest in the Agreement
without the written consent of the other.
14. Compliance with Laws. The CONTRACTOR shall comply with all Federal, State and local laws, rules, regulations
and orders applicable to the work provided pursuant to this Agreement, such provisions being incorporated herein by
reference, and shall be responsible for obtaining all necessary licenses, permits, and approvals required for the
performance of such work.
15. Notice. Any and all notices, or other communications required or permitted under this Agreement, shall be in writing
and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other
reputable delivery service, to the parties at the addresses set forth on Page 1 or furnished from time to time in writing
hereafter by one party to the other party. Any such notice or correspondence shall be deemed given when so delivered
by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent by private overnight or other delivery
service, when deposited with such delivery service.
16. Severability. If any term or condition of this Agreement or any application thereof shall to any extent be held invalid,
illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining
terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be
substantially or materially prejudiced.
17. Governino Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the
Commonwealth of Massachusetts and the CONTRACTOR submits to the jurisdiction of any of its appropriate courts for
the adjudication of disputes arising out of this Agreement.
18. Entire Agreement. This Agreement, including all documents incorporated herein by reference, constitutes the entire
integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior
agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a
written document executed by the parties hereto.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day and year first
above written.
I certify that an appropriation
is available in the amount of this
contract. TOWN OF WATERTOWN,MA
by its:Town Manager
Michael J. Driscoll
Town Auditor
Thomas Tracy
Approved as to Form:
Town Attorney CONTRACTOR
(Signature)
(Name)
(Title)