12 metric ton excavator - town of barnstable … · web viewrod telescopes and con be locked at...

Town of Barnstable

Invitation for Bid

SURVEY EQUIPMENTFor the

Department of Public Works

REVISED March 25, 2013

(This bid document supersedes the bid document dated March 22, 2013)

This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid and all associated documents to check the Town of Barnstable Bid & RFP System (www.town.barnstable.ma.us) for any addenda or modification to this solicitation, if they intend to respond. The Town of Barnstable accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document or a bid document obtained from a source other than the Town of Banrstable. Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

http://www.town.barnstable.ma.us/

NOTICE

INVITATION FOR BIDTOWN OF BARNSTABLE

DEPARTMENT OF PUBLIC WORKS

The Purchasing Agent of the Town of Barnstable, on behalf The Department of Public Works is

soliciting bids for the following equipment, in accordance with Chapter 30B M.G.L:

Survey Equipment (Trimble or equivalent)

Specifications and bid forms are available on the Town of Barnstable Bid & RFP website at

www.town.barnstable.ma.us. Bid contract, Purchasing Agent, Procurement & Risk Management,

230 South Street, Hyannis, MA 02601, telephone (508) 862-4741.

All bids must be received by April 19, 2013, by 2:00 pm in the Purchasing Agent’s Office,

Procurement & Risk Management, 230 South Street, 3rd Floor, Hyannis, MA 02601. Bids received

after that time will not be accepted.

Bids will be opened and read in the Purchasing Agent’s Office, 230 South Street, 3 rd Floor,

Hyannis, MA. 02601 at 2:00 p.m. on April 19, 2013 and is open to the public.

All bids must be received prior to the opening. The Town of Barnstable reserves the right to reject

any or all bids when it deems to be in the best interest of the Town of Barnstable.

Contract award will be made by the Town Manager, Town of Barnstable, within 30 days of the bid

opening.

Revised Bid document dated 3/25/13

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http://www.town.barnstable.ma.us/

TOWN OF BARNSTABLE

GENERAL SPECIFICATIONS

A. Attention of all bidders is directed to Chapter 30B of the General Laws of the Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which govern the award of this contract.

B. The bidder shall submit the bid upon forms furnished in the Bid Invitation documents. All bids shall be in ink or typewritten and the bid form must be filled out completely. The price shall, without exception, include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the equipment and accessories supplied.

C. All bids shall be signed correctly in ink by the individual or in the case of a firm, partnership or corporation, by a person having the legal authority from said firm, partnership, or corporation to sign the bid.

D. All bids shall be submitted to the Town of Barnstable, Purchasing Agent Procurement & Risk Management, 230 South Street, 3rd Floor, Hyannis, MA 02601, on or before the date and time stated in the "Bid Notice". Each bid shall be in a sealed envelope, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the bidder.

E. Bid forms shall be completely filled in. Bids which are incomplete, conditional or obscure, or which contain additions not called for, will be rejected. Use the pages of this document when submitting proposal and submit contract document intact.

F. Bidders may correct, modify or withdraw the original bids on or before the date and time stated in the "Bid Notice". Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the bidder. A bidder who wishes to withdraw a bid must make the request in writing.

G. A bidder may withdraw a bid after the public opening of the bid only if a mistake is clearly evident on the face of the bid document, but the intended correct answer is not evident.

H. Any bid received after the date and time stated in the "Bid Notice" shall not be opened. Unopened bids will be returned to the bidder.

I. Bids will be publicly opened and read at the date and time stated in the "Bid Notice". All interested parties are invited to be present.

J. No award will be made to any bidder who cannot satisfy the Town that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the work successfully within the time named. The owner's decision


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or judgment on these matters shall be final, conclusive and binding. Conditional bids will not be accepted.

K. At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid.

L. Each bidder shall acknowledge receipt of any and all addendum issued to the invitation for bids by so indicating on the Bid Sheet. Failure to do so shall be cause to reject the bid as being non responsive.

M. The contract will be awarded within thirty days after the actual public bid opening date, subject to the availability of funds to the lowest responsive, responsible bidder complying with the conditions set forth in the bid document provided the bid in the opinion of the awarding authority, is reasonable and is in the best interest of the Town of Barnstable to accept it.

N. All bids shall be based on delivery of the equipment and its components to the Department of Public works, located on 382 Falmouth Road, Hyannis, MA 02601

O. Product shall be delivered complete including all options ordered

P. New equipment and accessories to be supplied under these bids shall be the manufacturer's latest model and design. The firm/individual shall supply all standard items contained in the manufacturer’s published specifications, unless the enclosed specifications call for an optional item to replace the standard item. The manufacturer’s published specifications must be included in the bid submitted. All equipment and accessories must meet all Federal, State, and local safety standard,

Q. Payment for the equipment will be processed after final acceptance of the equipment. The bidder will submit an original bill or statement. The bidder will receive payment within a 30 day period.

R. The bidder's attention is directed to the fact that all applicable State laws, Municipal ordinances, and the rules and regulations of all authorities having jurisdiction over bid/purchase shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

S. Each bidder must sign and submit a "Certificate of Non-Collusion" clause and a "State Tax Certification" clause with the bid sheet. (Forms are attached to Bid Sheet).

T. If the services are subsequently deemed to be unsatisfactory to the Town and are in violation of the General and/or Detailed Specifications, the Town shall notify the said bidder. If mutually agreeable arrangements cannot be achieved between the Town and the bidder, the terms of the contract will be immediately terminated.


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U. In the event of tie bids the Contract will be awarded to the Contractor who has most recently supplied the same service/equipment to the Town. If a tie bid still exists the bidders names will be placed in a container and the name drawn will be awarded the contract.

V. Bidder is to supply equipment in “turn key” condition suitable for its intended operation. All components must function together as an integrated unit.


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DEPARTMENT OF PUBLIC WORKSSURVEY DIVISION

EQUIPMENT PROPOSALDETAILED SPECIFICATION TABLE

PROCUREMENT SPECIFICATIONS

TOWN OF BARNSTABLE, SURVEY DIVISIONTRIMBLE SURVEY EQUIPMENT AND ACCESSORIES (OR EQUAL)

INTRODUCTION:

The Town of Barnstable, Survey Division has standardized our survey equipment, using Trimble. This equipment has been selected based upon the following:

1. Best known supplier with GPS range and signal throughout the Town of Barnstable;2. Ease of use, training, and replacement parts;3. Past performance with accuracy, speed and ease of use.

Bidders may submit a bid for an “or equal”. Any alternate manufacturers will be evaluated by the Survey Division and it will be their sole determination as to whether it is equal or not. Any alternate must be accompanied by complete technical documentation and current references for review by the Town.

Please submit quotation for the following equipment and services:

Qty 1, Trimble S63 3” Autolock TS DR300Includes the following:Accessory – Rain Cover (GDM/ATS)Accessory – Laser adjustment tool, DR Standard (550/5600)Accessory – Tool for handle (S6)Prism – Reflective foil 1 p.c. 25*25 and 1 p.c. 60*60mm with sight marks (GDM)Accessory – Laser adjustment plate, DR Standard (5500/5600)Manual – CD, Total station & Levels, all languages (3300, 3600, 5600, S6, DiNI)Manual – Shortform user guide (s6)Warranty – Warranty card instrument + Extended warranty card (s6)Accessory – Toolkit for Tribrack and Optical plumb (s6)Case – Instrument transport case (S6)Instrument – S6 DR300+Accessory – Tribrach without optical plumb (S6)Instrument – Test Certificate

Qty. 1, Trimble S6 Robotic Power Kit

Includes the following:Battery – Li-Ion Battery Trimble S-series 4.4 Ah 11.1VBattery – Multi Battery Adapter, for up to 3 batteriesPower and Charging Kit

(Charger – Trimble Battery System Charger)(Power – Power Supply for Trimble Battery System Charger 100 – 240V (S6/5800)


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(Cable – Power Cable for Power Supply)Case – Power and charger kit (S6)Cable – 1.0m, Hirose 6 pin to Hirose 6 pin (S6)

Qty. 2, Trimble Traverse Kit for S series TS Includes the following:Case – Traverse kit (S6)Prism – Extra sighting target for traverse prism (S6)Accessory – Tribrach without optical plumb (S6)Accessory – Prism base with level and built in optical plummet (S6)

Qty. 1, Trimble 360 Prism

Qty. 1, Trimble TSC3 w/access & QWERTY keyboardIncludes the following:CU-TSC3, w/ Trimble Access, I QWERTY keypadTrimble Access base software with a TSC3 controller. QWERTY keypad, Perpetual license including a 12 month standard warranty for software and hardware.

Qty. 1, Trimble TSC3 Tripod Brackett

Qty. 1, Trimble TSC3 Servo/Autolock Kit

Qty. 1, Trimble 2.6M Telescp. Rod S6

Qty. 3, Crain Tri-Max Tripod w/dual C lamps

Qty. 1, Trimble Business Center Survey Standard (software) Survey Standard, designed for GPS L1 survey data

Qty. 1, Trimble R10 GNSS Receiver w/410-470 Radio Includes the following:

Advanced Trimble R-Track technology GNSS tracking performance Trimble Maxwell 6 chip with 220 channels Remote configuration and access PROD R8/5800 Rover Kit Base – Base & Rover Transport Case (5800 and R8) ANT PORTABLE 6” WHIP 425-475 MHZ

Qty. 1, Trimble TSC3 GNSS Acc Kit Includes pole bracket, TSC3 cradle and Lemo – 9pin cable

Qty. 1, 3 Position Aluminum Snap Lock Rover Rod Rod is graduated in 10thsPowder painted aluminum poleRod telescopes and con be locked at 2m, 1.8m or 1.6m and collapses to 1.343 metersIncludes a 40 minute, adjustable circular

Qty. 1, Thumb Release Bipod 1-1.25 inch OD poles attach through open clamp. Legs independtly extend to 6 ft and collapse to 43”

Qty. 1, Heavy Duty 2 Meter Snap Lock Pole System Bag Holds 2 meter snap lock pole and bipod or tripod attached. Includes full #10 zipper, dual hand carry straps, full length shoulder strap and a side pocket.Measures 5.5 X 56”, weighs 1.5 lbs.


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Qty. 1, Case for Cell Phone GPS, Short

Qty. 1, Trimble GeoXH 6000 Series (standard edition w/floodlight)

Handheld computer with integrated decimeter accuracy GNSS receiver, Trimble Floodlight satellite shadow reduction technology, 5 MP camera, removable all-day battery and Windows Mobile 6.5 operating system.

Qty. 1, Trimble GIS Tornado Antenna (Bob – your list doesn’t match quote?) Dual frequency GPS antenna for high-accuracy applications with the GeoXH handheld and ProXH /ProXRT receiversGPS L1/LsGLONASS L1/L2 and OmniSTAR capable (L-Band) when used with GPS Pathfinder ProXRT receiver.SBAS capable (WAAS/EGNOS/MSAS)Integrated magnets on the bottom of the antenna for direct mounting on vehicle roof.

TNC antenna cable connector MGIS Division – The dual frequency Zephyr antenna Contains advanced technology for extremely low multipath, Outstanding low elevation tracking, and sub-millimeter Phase centeraccuracy. The Zepphyr antenna has an integrated Screw thread for mounting on a range pole or backpack.

Qty. 1, Trimble Ant Cable TNC-SMB 1.5m Qty. 1, Trimble Geo 6000 – pole bracket

Qty. 1, Trimble Terra Sync Prof. w/Pathfinder Office Software Kit Includes two software programs: Pathfinder Office, TerraSynch Professional

Qty. 1, Hardcase 6000 Series GeoExplorer

Qty. 1, 3 Position Aluminum Snap Lock Rover Rod

Qty. 1, Thumb Release Bipod 1-1.25 inch OD poles attach through open clamp. Legs independently extend to 6 ft and collapse to 43”. Weight 4.25 lbs.

Qty. 1, Heavy Duty 2m Snap Lock Pole system Bag Qty. 1, Train Robotic Surveying/Day

Qty. 1, Training GPS Carrier Day

Qty 2, Trimble Certified –Mapping /GIS (2 seats) ) Includes 2 day certified training on site up to 4 people

Qty. 1, KeyNet GPS Subscription in advance

Qty. 1, Trimble Trade-in Program – S6 Trade old Sokkia total station for new S6

Shipping


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REFERENCES

Bidders must provide a list of at least 5 customers (preferably Towns located on Cape Cod) to which similar equipment has been supplied, along with a name of a contact person and phone numbers. 1. Town:

Contact: Phone:

2. Town:

Contact: Phone:

3. Town:

Contact: Phone:

4. Town:

Contact: Phone:

5. Town:

Contact: Phone:


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STATE TAXES CERTIFICATION CLAUSE

I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law. I have addressed any tax liability and am in the process of setting up a plan to satisfy said liability. BY: * Signature of individual or Corporate Officer Corporate Name (Mandatory) (Mandatory, if applicable) **Social Security # or Federal Identification # * Approval of a contract or other Contract will not be granted unless this certification clause is signed by the applicant. ** Your Social Security Number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other Contract issued, renewed, or extended. This RFP is made under the authority of Mass. G.L. 62C s. 49.A.

CERTIFICATE OF NON COLLUSION

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. Company Signature Address Name (print)

Title Telephone Date


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TOWN OF BARNSTABLEDEPARTMENT OF PUBLIC WORKS

BID SHEET

Qty 1, Trimble S63 3” Autolock TS DR300 $____________________Includes the following:Accessory – Rain Cover (GDM/ATS)Accessory – Laser adjustment tool, DR Standard (550/5600)Accessory – Tool for handle (S6)Prism – Reflective foil 1 p.c. 25*25 and 1 p.c. 60*60mm with sight marks (GDM)Accessory – Laser adjustment plate, DR Standard (5500/5600)Manual – CD, Total station & Levels, all languages (3300, 3600, 5600, S6, DiNI)Manual – Shortform user guide (s6)Warranty – Warranty card instrument + Extended warranty card (s6)Accessory – Toolkit for Tribrack and Optical plumb (s6)Case – Instrument transport case (S6)Instrument – S6 DR300+Accessory – Tribrach without optical plumb (S6)Instrument – Test Certificate

Qty. 1, Trimble S6 Robotic Power Kit $____________________

Includes the following:Battery – Li-Ion Battery Trimble S-series 4.4 Ah 11.1VBattery – Multi Battery Adapter, for up to 3 batteriesPower and Charging Kit

(Charger – Trimble Battery System Charger)(Power – Power Supply for Trimble Battery System Charger 100 – 240V (S6/5800)(Cable – Power Cable for Power Supply)

Case – Power and charger kit (S6)Cable – 1.0m, Hirose 6 pin to Hirose 6 pin (S6)

Qty. 2, Trimble Traverse Kit for S series TS $____________________

Includes the following:Case – Traverse kit (S6)Prism – Extra sighting target for traverse prism (S6)Accessory – Tribrach without optical plumb (S6)Accessory – Prism base with level and built in optical plummet (S6)

Qty. 1, Trimble 360 Prism $____________________

Qty. 1, Trimble TSC3 w/access & QWERTY keyboard $____________________

Includes the following:CU-TSC3, w/ Trimble Access, I QWERTY keypadTrimble Access base software with a TSC3 controller. QWERTY keypad, Perpetual license including a 12 month standard warranty for software and hardware.

Qty. 1, Trimble TSC3 Tripod Brackett $____________________


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Qty. 1, Trimble TSC3 Servo/Autolock Kit $____________________

Qty. 1, Trimble 2.6M Telescp. Rod S6 $____________________

Qty. 3, Crain Tri-Max Tripod w/dual C lamps $____________________

Qty. 1, Trimble Business Center Survey Standard (software) $____________________

Survey Standard, designed for GPS L1 survey data

Qty. 1, Trimble R10 GNSS Receiver w/410-470 Radio $____________________

Includes the following: Advanced Trimble R-Track technology GNSS tracking performance Trimble Maxwell 6 chip with 220 channels Remote configuration and access PROD R8/5800 Rover Kit Base – Base & Rover Transport Case (5800 and R8) ANT PORTABLE 6” WHIP 425-475 MHZ

Qty. 1, Trimble TSC3 GNSS Acc Kit Includes pole bracket, TSC3 cradle and Lemo 9 pin Cable $____________________

Qty. 1, 3 Position Aluminum Snap Lock Rover Rod $____________________

Rod is graduated in 10thsPowder painted aluminum poleRod telescopes and con be locked at 2m, 1.8m or 1.6m and collapses to 1.343 metersIncludes a 40 minute, adjustable circular

Qty. 1, Thumb Release Bipod $____________________

1-1.25 inch OD poles attach through open clamp. Legs independently extend to 6 ft and collapse to 43”

Qty. 1, Heavy Duty 2 Meter Snap Lock Pole System Bag $____________________

Holds 2 meter snap lock pole and bipod or tripod attached. Includes full #10 zipper, dual hand carry straps, full length shoulder strap and a side pocket.Measures 5.5 X 56”, weighs 1.5 lbs.

Qty. 1, Case for Cell Phone GPS, Short $____________________

Qty. 1, Trimble GeoXH 6000 Series (standard edition w/floodlight) $____________________


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Handheld computer with integrated decimeter accuracy GNSS receiver, Trimble Floodlight satellite shadow reduction technology, 5 MP camera, removable all-day battery and Windows Mobile 6.5 operating system.

Qty. 1, Trimble GIS TornadoZephyr Model 2 Antenna (Bob – your list doesn’t match quote?) $____________________

Dual frequency GPS antenna for high-accuracy applications with the GeoXH handheld and ProXH /ProXRT receiversGPS L1/Ls

GLONASS L1/L2 and OmniSTAR capable (L-Band) when used with GPS Pathfinder ProXRT receiver. MGIS Division – The dual frequency Zephyr antenna Contains advanced technology for extremely low multipath, Outstanding low elevation tracking, and sub-millimeter Phase centeraccuracy. The Zepphyr antenna has an integrated Screw thread for mounting on a range pole or backpack.

SBAS capable (WAAS/EGNOS/MSAS)Integrated magnets on the bottom of the antenna for direct mounting on vehicle roof.

TNC antenna cable connector

Qty. 1, Trimble Ant Cable TNC-SMB 1.5m $____________________

Qty. 1, Trimble Geo 6000 – pole bracket $____________________

Qty. 1, Trimble Terra Sync Prof. w/Pathfinder Office Software Kit $____________________ Includes two software programs: Pathfinder Office, TerraSynch Professional

Qty. 1, Hardcase 6000 Series GeoExplorer

Qty. 1, 3 Position Aluminum Snap Lock Rover Rod $____________________

Qty. 1, Thumb Release Bipod $____________________1-1.25 inch OD poles attach through open clamp. Legs independently extend to 6 ft and collapse to 43”. Weight 4.25 lbs.

Qty. 1, Heavy Duty 2m Snap Lock Pole system Bag $____________________ Qty. 1, Train Robotic Surveying/Day $____________________

Qty. 1, Training GPS Carrier Day $____________________

Qty 2, Trimble Certified –Mapping /GIS (2 seats) Includes 2 day certified training on site for up to 4 people

$____________________

Qty. 1, KeyNet GPS Subscription in advance $____________________

Qty. 1, Trimble Trade-in Program – S6 Trade in old Sokkia total station for new S6 $____________________

Shipping $____________________

TOTAL BID PRICE $____________________


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Proposed Delivery Date: (within 45 days of award)

Contract will be awarded to the low, responsive, responsible bidder who submits the lowest

responsive responsible bid.

The undersigned agrees that if presented with the notice of acceptance for this contract, he will within five business days execute a contract in accordance with the terms of this bid.

Receipt of Addendum Number (s) _____________________is hereby acknowledged and reflected in the Bid price (s) shown on previous page.

The undersigned agrees to furnish the equipment including all labor and materials required to complete the Contract by supplying a Survey Equipment in accordance with specifications prepared by the Town of Barnstable entitled “Invitation for Bid, Survey Equipment for the Department of Public Works, Survey Division dated March 25, 2013, for the Bid price shown. Bid price includes delivery to the Town of Barnstable, 382 Falmouth Road, Hyannis, MA 02601

The undersigned agrees that if presented with Notice of Acceptance for this Contract, he will within five days, Saturdays, Sundays and legal holidays excluded, execute a Contract in accordance with the terms of this Bid.

The Town of Barnstable reserves the right to reject any or all bids and to waive minor informalities as provided under Chapter 30B, M.G.L.

FIRM:___________________________ SIGNATURE: ______________________

ADDRESS:________________________ NAME (print)______________________

________________________________ TITLE:____________________________

TELEPHONE:______________________ DATE:_____________________________

FAX: _____________________________________________

Email: _____________________________________________


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All bids must received at the Procurement & Risk Management, 230 South Street, 3rd Floor, Hyannis MA 02601 prior to Please mark envelope " Survey Equipment ”

Required attachments:

(1) Certificate of Non-Collusion

(2) State Taxes Certification Clause

(3) Complete specifications package of item quoted

(4) References

(5) warranty


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ACCEPTANCE OF BID

__________________________ is hereby notified that their bid for Survey Equipment, per

specification entitled “Invitation for Bid, Survey Equipment for Department of Public Works,

Survey Division dated March 25, 2013, in the amount of $_______________ submitted on

_____________ ,has been accepted.

Please complete the "AGREEMENT BETWEEN CONTRACTOR AND OWNER" and return

to the Procurement & Risk Management, 230 South Street, 3rd Floor, Hyannis, MA. 02601.

_____________________________Thomas K. LynchTown Manager


Town of BarnstableOffice of Town Manager

367 Main Street, Hyannis MA 02601

Office: 508-862-4610 John C. KlimmFax: 508-790-6226 Town Manager

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TOWN OF BARNSTABLE, MASSACHUSETTS

AGREEMENT BETWEEN CONTRACTOR AND OWNER

CONTRACT

THIS AGREEMENT, made this ______ day of _________, 2013 by and between the TOWN OF BARNSTABLE, MASSACHUSETTS, hereinafter called the owner, and ______________, with legal address and principal place of business _______________________________ called CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the TOWN OF BARNSTABLE, the VENDOR hereby agrees with the TOWN OF BARNSTABLE to provide the following _______________ (hereinafter referred to as Product) in accordance with Invitation for Bid dated March 25, 2013 and bid submittal in response thereto, attached hereto and made of this agreement as specified below:

EQUIPMENT: _________

Delivery: - Vendor agrees to deliver _________________(product description) on ______________(date)

Contract Value - $_______________________

Force Majeure - The Contract shall be subject to Force Majeure considerations. Either party hereto shall be excused from performance of any act under the contract if prevented from the performance of any act required by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonably within the control of the party. The period for the performance of such obligation shall be extended for an equivalent period for no additional cost. Continued prevention from performance by such causes for periods aggregating sixty (60) or more days shall be deemed to render performance impossible, and either party shall thereafter have the right to terminate this contract.

Termination of Contract - Subject to the provisions of the section explaining Force Majeure, if the Vendor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Vendor shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after written notice of such failure or violation is received by the vendor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the vendor of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.


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Governing Law – This contract is governed by the laws of the Commonwealth of the State of Massachusetts.

The Vendor shall indemnify, defend, and save harmless the Town, all of the Town officers, agents and employees from and against all suits and claims of liability of every name and nature, including attorney’s fees and costs of defending any action or claim, for or on account of any claim, loss, liability or injuries to persons or damage to property of the Town or any person, firm, corporation or association arising out of or resulting from any act, omission, or negligence of the Vendor, subcontractors and their agents or employees in the performance of the work covered by this Agreement and/or their failure to comply with terms and conditions of this Agreement . The foregoing provisions shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by the Vendor under contract with the Town.

Upon delivery of satisfactory product to the TOWN OF BARNSTABLE, the Town agrees to pay the vendor for the total payment not exceed this contract amount of $____________. Vendor to submit invoice in writing to the Department of Public Works, Survey Division, 382 Falmouth Road, Hyannis, MA 02601.

IN WITNESS WHEREOF, the parties to these present have executed this Contract in the year and day first above mentioned.

Approved as to form: By: ______________________________

_____________________________ ______________________________Ruth J. Weil, Town Attorney VENDOR

By:

______________________________TOWN MANAGER


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12 metric ton excavator - town of barnstable … · web viewrod telescopes and con be locked at...

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