Baseball and Softball Field Diamond Renovations IFB - 26DPW262C

SHORT FORM AGREEMENT
CONTRACT NO. ____________
BETWEEN TOWN AND CONTRACTOR
(M.G.L. 30, 39M)
THIS AGREEMENT for ____________________________(hereinafter the Project) is
made the ____ day of____________, _______, by and between________________, a
company organized under the laws of the Commonwealth of Massachusetts, with a usual
place of business _______________________, (hereinafter called the Contractor), and
the Town of Needham, a municipal corporation duly organized under the laws of the
Commonwealth of Massachusetts, acting through its Town Manager, (hereinafter referred to
as the Town).
WITNESSETH that the Contractor and the Town, for the consideration hereinafter
named, agree as follows:
In all respects, this Contract shall be governed by and performed consistently with all laws
of the Commonwealth of Massachusetts for public construction contracts including but not
limited to Mass. Gen. Laws ch. 7, 10, 30, 44 and 149. The provisions of the Massachusetts
General Laws regarding public construction shall take precedence over any and all other
Contract provisions or documents. Any conflicts among provisions and/or between
documents shall be resolved and/or interpreted according to the Massachusetts General
Laws. The Contractor warrants that it is familiar with and agrees to abide by all laws of
the Commonwealth of Massachusetts.
ARTICLE 1. CONTRACT DOCUMENTS
The Contract Documents consist of the following, and in the event of conflicts or
discrepancies among them, they shall be interpreted on the basis of the following priorities:
FIRST This Agreement;
SECOND The Invitation for Bids, Bid Specifications, Proposals and Request for
Proposals with purchase description;
THIRD The Contractor's Proposal, dated _____________________;
FOURTH Drawings required for the project, if applicable;
FIFTH Copies of all required bonds, certificates of insurance, and licenses required
under the contract;
EACH OF WHICH IS ATTACHED HERETO. These documents form the entire agreement
between the parties and there are no other agreements between the parties. Any
amendment or modification to this agreement must be in writing and signed by an official
with the authority to bind the Town.
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ARTICLE 2. SCOPE OF THE WORK
The Contractor shall furnish all materials, labor and equipment, and perform all work
shown on the contract documents, and the Contractor agrees to do everything required by
this Agreement and the contract documents.
ARTICLE 3. TERM OF AGREEMENT
This Agreement shall be for a term commencing _________________ and ending on
_____________, unless sooner completed and subject to annual appropriation. This
Agreement shall not be renewed or extended unless provisions for renewal or extension
were contained in the Request for Proposals, in which event the Agreement may be
extended or renewed at the sole option of the Town, and upon the terms described therein.
The maximum term of this contract is _____________.
ARTICLE 4. THE CONTRACT SUM
The Town shall pay the Contractor for the performance of this Agreement a sum NOT TO
EXCEED $________ (_________________Dollars), including all reimbursable expenses.
ARTICLE 5. PAYMENT
a) The Town shall make payment as follows:
On a monthly basis, thirty days after receipt of an invoice for work performed or
materials supplied the previous month the Town shall pay the Contractor ninety
percent of the invoice. Upon completion of the work, thirty days after receipt of an
invoice for final payment, the Town shall pay the Contractor all amounts due under
the contract, including the retainage.
b) With any invoice the Contractor shall submit evidence satisfactory to the Town that
the goods or supplies have been delivered, or that the work has been completed and
that all payrolls, material bills and other indebtedness connected with the work has
been paid. The billings shall include, if applicable, all charges for consultants,
subcontractors, plans, equipment, models, renderings, travel, reproductions, postage
and delivery, and all other expenses. There shall not be any markup for overhead,
administration or profit for any of the above-listed services.
c) If for any reason the Town makes a payment under this Contract in error, the Town
may recover the amount overpaid or, if applicable, may apply any overpayment to a
future installment payment.
d) Invoices for services procured under this contract are to be sent to:
Attn: Director of Finance and Administration for Public Services
Public Works Department
500 Dedham Avenue
Needham, MA 02492
e) The Town is not responsible for payment of invoices sent to an address other than
specified in 5.d of this Agreement.
ARTICLE 5A. PROMPT PAYMENT DISCOUNTS
The Vendor will allow a ___% prompt payment discount for payment made by the Town
within ____ days from the date of receipt of the invoice, or the date of the receipt of the
product or services, whichever occurs later. Prompt Payment Discounts are not required
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but if not offering a discount, indicate by writing "zero". Payment terms for the Town of
Needham are net 30 days.
ARTICLE 6. PAYMENT OF SUBCONTRACTORS
In accordance with Mass. Gen. L. Ch. 30, Sec. 39F, the following subparagraphs (a) through
(i) are binding between the general Contractor and each subcontractor:
(a) Forthwith after the general Contractor receives payment on account of a periodic
estimate, the general Contractor shall pay to each subcontractor the amount paid
for the labor performed and the materials furnished by that subcontractor, less any
amount specified in any court proceedings barring such payment and also less any
amount claimed due from the subcontractor by the general Contractor.
(b) Not later than the sixty-fifth day after each subcontractor substantially completes his
work in accordance with the plans and specifications, the entire balance due under
the subcontract less amounts retained by the awarding authority as the estimated
cost of completing the incomplete and unsatisfactory items of work shall be due the
subcontractor; and the awarding authority shall pay that amount to the general
Contractor. The general Contractor shall forthwith pay to the subcontractor the
full amount received from the awarding authority less any amount specified in any
court proceedings barring such payment and also less any amount claimed due from
the subcontractor by the general Contractor.
(c) Each payment made by the awarding authority to the general Contractor pursuant
to subparagraphs (a) and (b) of this paragraph for the labor performed and the
materials furnished by a subcontractor shall be made to the general Contractor for
the account of that subcontractor; and the awarding authority shall take reasonable
steps to compel the general Contractor to make each such payment to each such
subcontractor. If the awarding authority has received a demand for direct payment
from a subcontractor for any amount which has already been included in a payment
to the general Contractor or which is to be included in a payment to the general
Contractor for payment to the subcontractor as provided in subparagraphs (a) and
(b), the awarding authority shall act upon the demand as provided in this section.
(d) If, within seventy days after the subcontractor has substantially completed the
subcontract work, the subcontractor has not received from the general Contractor
the balance due under the subcontract, including any amount due for extra labor and
materials furnished to the general Contractor, less any amount retained by the
awarding authority as the estimated cost of completing the incomplete and
unsatisfactory items of work, the subcontractor may demand direct payment of that
balance from the awarding authority. The demand shall be by a sworn statement
delivered to or sent by certified mail to the awarding authority, and a copy shall be
delivered to or sent by certified mail to the general Contractor at the same time.
The demand shall contain a detailed breakdown of the balance due under the
subcontract and also a statement of the status of completion of the subcontract
work. Any demand made after substantial completion of the subcontract work shall
be valid even if delivered or mailed prior to the seventieth day after the
subcontractor has substantially completed the subcontract work. Within ten days
after the subcontractor has delivered or so mailed the demand to the awarding
authority and delivered or so mailed a copy to the general Contractor, the general
Contractor may reply to the demand. The reply shall be by a sworn statement
delivered to or sent by certified mail to the awarding authority and a copy shall be
delivered to or sent by certified mail to the subcontractor at the same time. The
reply shall contain a detailed breakdown of the balance due under the subcontract
including any amount due for extra labor and materials furnished to the general
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Contractor and of the amount due for each claim made by the general Contractor
against the subcontractor.
(e) Within fifteen days after receipt of the demand by the awarding authority, but in no
event prior to the seventieth day after substantial completion of the subcontract
work, the awarding authority shall make direct payment to the subcontractor of the
balance due under the subcontract including any amount due for extra labor and
materials furnished to the general Contractor, less any amount (i) retained by the
awarding authority as the estimated cost of completing the incomplete or
unsatisfactory items of work, (ii) specified in any court proceedings barring such
payment, or (iii) disputed by the general Contractor in the sworn reply; provided,
that the awarding authority shall not deduct from a direct payment any amount as
provided in part (iii) if the reply is not sworn to, or for which the sworn reply does
not contain the detailed breakdown required by subparagraph (d). The awarding
authority shall make further direct payments to the subcontractor forthwith after
removal of the basis for deductions from direct payments made as provided in parts
(i) and (ii) of this subparagraph.
(f) The awarding authority shall forthwith deposit the amount deducted from a direct
payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint
account in the names of the general Contractor and the subcontractor in a bank in
Massachusetts selected by the awarding authority or agreed upon by the general
Contractor and the subcontractor, and shall notify the general Contractor and the
subcontractor of the date of the deposit and the bank receiving the deposit. The
bank shall pay the amount in the account, including accrued interest, as provided in
an agreement between the general Contractor and the subcontractor or as
determined by decree of a court of competent jurisdiction.
(g) All direct payments and all deductions from demands for direct payments deposited
in an interest-bearing account or accounts in a bank pursuant to subparagraph (f)
shall be made out of amounts payable to the general Contractor at the time of
receipt of a demand for direct payment from a subcontractor and out of amounts
which later become payable to the general Contractor and in the order of receipt of
such demands from subcontractors. All direct payments shall discharge the
obligation of the awarding authority to the general Contractor to the extent of such
payment.
(h) The awarding authority shall deduct from payments to a general Contractor
amounts which, together with the deposits in interest-bearing accounts pursuant to
subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct
payment received from subcontractors. All such amounts shall be earmarked for
such direct payments, and the subcontractors shall have a right in such deductions
prior to any claims against such amounts by creditors of the general Contractor.
(i) If the subcontractor does not receive payment as provided in subparagraph (a) or if
the general Contractor does not submit a periodic estimate for the value of the
labor or materials performed or furnished by the subcontractor and the subcontractor
does not receive payment for same when due less the deductions provided for in
subparagraph (a), the subcontractor may demand direct payment by following the
procedure in subparagraph (d) and the general Contractor may file a sworn reply as
provided in that same subparagraph. A demand made after the first day of the
month following that for which the subcontractor performed or furnished the labor
and materials for which the
subcontractor seeks payment shall be valid even if delivered or mailed prior to the
time payment was due on a periodic estimate from the general Contractor.
Thereafter the awarding authority shall proceed as provided in subparagraphs (e),
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(f), (g) and (h).
ARTICLE 7. ADJUSTMENT OF CONTRACT PRICE WHERE SITE CONDITIONS DIFFER
SUBSTANTIALLY OR MATERIALLY FROM CONDITIONS INDICATED IN PLANS OR
CONTRACT DOCUMENTS
As required by G.L. Ch. 30, Section 39N, the parties hereby agree:
If, during the progress of the work, the contractor or the awarding authority discovers that
the actual subsurface or latent physical conditions encountered at the site differ
substantially or materially from those shown on the plans or indicated in the contract
documents either the contractor or the contracting authority may request an equitable
adjustment in the contract price of the contract applying to work affected by the differing
site conditions. A request for such an adjustment shall be in writing and shall be delivered
by the party making such claim to the other party as soon as possible after such conditions
are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative,
the contracting authority shall make an investigation of such physical conditions, and, if
they differ substantially or materially from those shown on the plans or indicated in the
contract documents or from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the plans and contract documents and are
of such a nature as to cause an increase or decrease in the cost of performance of the work
or a change in the construction methods required for the performance of the work which
results in an increase or decrease in the cost of the work, the contracting authority shall
make an equitable adjustment in the contract price and the contract shall be modified in
writing accordingly.
ARTICLE 8. AWARDING AUTHORITY MAY ORDER GENERAL CONTRACTOR TO
SUSPEND, DELAY, ETC. WORK; ADJUSTMENT IN CONTRACT PRICE; SUBMISSION
OF CLAIMS
Pursuant to G.L. c. 30, Section 39O:
(a) The awarding authority may order the general contractor in writing to suspend,
delay, or interrupt all or any part of the work for such period of time as it may
determine to be appropriate for the convenience of the awarding authority; provide
however, that if there is a suspension, delay or interruption for fifteen days or more
or due to a failure of the awarding authority to act within the time specified in this
contract, the awarding authority shall make an adjustment in the contract price for
any increase in the cost of performance of this contract but shall not include any
profit to the general contractor on such increase; and provided further, that
the awarding authority shall not make any adjustment in the contract price under
this provision for any suspension, delay, interruption or failure to act to the extent
that such is due to any cause for which this contract provides for an equitable
adjustment of the contract price under any other contract provisions.
(b) The general contractor must submit the amount of a claim under provisions (a) to
the awarding authority in writing as soon as practicable after the end of the
suspension, delay, interruption or failure to act and, in any event, not later that the
date of final payment under this contract and, except for costs due to a suspension
order, the awarding authority shall not approve any costs in the claim incurred more
than twenty days before the general contractor notified the awarding authority in
writing of the act of failure to involved in the claim.
(c) In the event a suspension, delay, interruption or failure to act of the awarding
authority increases the cost of performance to any subcontractor, the subcontractor
shall have the same rights against the general contractor for payment for an
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increase in the cost of his performance as provisions (a) and (b) give the general
contractor against the awarding authority, but nothing in provisions (a) and (b) shall
in any way change, modify or alter any other rights which the general contractor or
the subcontractor may have against each other.
ARTICLE 9. EMPLOY COMPETENT PEOPLE
The Contractor shall employ only competent people to do the work. Whenever the Town
shall notify the Contractor in writing that any person under the Contractor's employ is, in
the Town's opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, or not
employed in accordance with the provisions of this Agreement, such person shall be
discharged from the work and shall not again be employed on the Project, except with the
consent of the Town.
ARTICLE 10. NONPERFORMANCE
In the case of any default on the part of the Contractor with respect to any of the terms of
this Agreement, the Town shall give written notice thereof, and if said default is not made
good within such time as the Town shall specify in writing, the Town shall notify the
Contractor in writing that there has been a breach of the Agreement and thereafter the
Town shall have the right to secure the completion of the work remaining to be done on
such terms and in such manner as the Town shall determine, and the Contractor shall pay
for the completion of such work and reimburse the Town for all expenses incurred by
reason of said breach. The Contractor in case of such breach shall be entitled to receive
payment only for work completed satisfactorily prior to said breach, so long as the total paid
hereunder does not exceed the Contract sum, and the amount of any balance due the
Contractor shall be determined by the TOWN and certified to the Contractor. The Town
shall be reimbursed by the Contractor for the cost of additional services required by the
Town in the case of a breach.
ARTICLE 11. TERMINATION
This Agreement may be terminated by either party upon not less than seven days written
notice should the other party substantially fail to perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
ARTICLE 12. SUBCONTRACTING
The Contractor shall not subcontract any of the work, which it is required to perform under
this Contract to any corporation, entity or person without the prior written approval of the
Town.
ARTICLE 13. NOTICE
All notices required to be given under this Agreement shall be given in writing and shall be
effective upon receipt by hand delivery or certified mail to:
The Town of Needham: Carys Lustig, Director
Public Works Department
500 Dedham Avenue
Needham, MA 02492-0005
The Town of Needham: Kate Fitzpatrick, Town Manager
1471 Highland Avenue
Needham, MA 02492
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* Notices to the Town of Needham must be sent to BOTH of the above in order to be
effective *
The Contractor: Name: _____________________
Company: __________________
Address: ___________________
ARTICLE 14. CONTRACT CONDITIONS SPECIFICALLY REQUIRED BY LAW
a) Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the Contract shall be read and
enforced as though it were included herein and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party, the Contract shall forthwith be physically amended to make such
insertion.
b) Pursuant to Mass. Gen. L. Ch. 30, 39M, an item shall be considered equal to the
item so named or described if, in the opinion of the awarding authority: (1) it is at
least equal in quality, durability, appearance, strength and design, (2) it will perform
at least equally the function imposed by the general design for the public work being
contracted for or the material being purchased, and (3) it conforms substantially,
even with deviations, to the detailed requirements for the item in the said
specifications.
c) Pursuant to Mass. Gen. L. Ch. 149, 26, the employment of mechanics and
apprentices, teamsters, chauffeurs and laborers in the construction of public works
by the Commonwealth, or by a county, town, authority or district, or by persons
contracting or subcontracting for such works, preference shall first be given to
citizens of the commonwealth who have been residents of the commonwealth for at
least six months at the commencement of their employment who are veterans as
defined in clause Forty-third of section seven of chapter four, and who are qualified
to perform the work to which the employment relates; and secondly, to citizens of
the commonwealth generally who have
been residents of the commonwealth for at least six months at the commencement
of their employment, and if they cannot be obtained in sufficient numbers, then to
citizens of the United States; and preference in employment shall be given to
veterans and citizens who are residents of the Town of Needham.
d) Pursuant to Mass. Gen. L. Ch. 149, 34, no laborer, workman or mechanic, foreman
or inspector employed under this contract shall be required or permitted to work
more than eight hours in any one-day or more than forty-eight hours in any one
week, or more than six days in any one week, except in cases of emergency.
e) If funding for this Project is provided by the Commonwealth of Massachusetts, in
whole or in part (such as reimbursements, grants and the like), then the TOWN shall
incorporate into this Contract the current applicable minority-owned business
enterprise (MBE) and women-owned business enterprise (WBE) participation goals,
as determined by DCAM. Reductions or waivers of these goals may be permitted by
the TOWN where the size, nature or location of the project makes achieving such
levels of MBE or WBE participation unfeasible.
f) This Contract is subject to the Supplemental Equal Opportunity Anti-Discrimination
and Affirmative Action Program (EEO/AA).
ARTICLE 15. INSURANCE
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a) The Contractor shall, at its own expense, obtain and maintain general liability and
motor vehicle liability insurance policies protecting the Town in connection with any
operations included in this Contract, and shall have the Town as an additional
insured on the policies. General liability coverage shall be in the amount of at least
$1,000,000 per occurrence and $2,000,000 aggregate for bodily injury liability and
$1,000,000 per occurrence and $2,000,000 aggregate for property damage liability.
Motor vehicle coverage shall include coverage for owned, hired and non-owned
vehicles and shall be in the amount of at least $1,000,000 per person and
$2,000,000 per occurrence for bodily injury liability and $1,000,000 per occurrence
for property damage liability.
b) All insurance coverage shall be in force from the time of the Agreement to the date
when all work under the contract is completed and accepted by the Town. Since
this insurance is normally written on a year-to-year basis, the Contractor shall
notify the Town should coverage become unavailable or if its policy should change.
c) The Contractor shall, before commencing performance of this contract, provide for
the payment of compensation and the furnishing of other benefits by an insurance
company duly licensed to do business in accordance with Massachusetts General
Laws, Chapter 152, as amended, to all employed under the contract and shall
continue such insurance in full force and effect during the term of the contract.
d) Certificates and any and all renewals substantiating that required insurance coverage
is in effect shall be filed with the contract. Any cancellation of insurance whether by
the insurers or by the insured shall not be valid unless written notice thereof is given
by the party proposing cancellation to the other party and to the Town at least
fifteen days prior to the intended effective date thereof, which date should be
expressed in said notice.
ARTICLE 16. INDEMNIFICATION
The Contractor shall indemnify, defend, and save harmless the Town and all of the
Town's officers, agents and employees from and against all suits and claims of liability of
every name and nature, including costs of defending any action, for or on account of any
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
Contractor, subcontractors and its and their agents or employees in the performance of
the work covered by this Agreement and/or failure to comply with terms and conditions of
this Agreement, but only in respect of such injuries or damages sustained during the
performance and prior to the completion and acceptance of the work covered by 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 Contractor
under the Contract.
ARTICLE 17. PERFORMANCE BOND
a. In accordance with Massachusetts General Laws Chapter 149, Section 44E, prior to
execution of a contract, the CONTRACTOR shall furnish to the OWNER such
performance bond of a surety company qualified to issue bonds in the
Commonwealth and satisfactory to the OWNER in the amounts requested by the
OWNER in the bid specifications. Any performance bond shall remain in full force
and effect for at least one year after the project's completion, and longer if required
covering guarantees and/or pending claims.
b. It is distinctly agreed and understood that any changes made in the drawings and
specifications for this work, whether such changes increase or decrease the amount
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of work required, or any change in the manner or time of payments made by the
OWNER to the CONTRACTOR, shall in no way void, release or affect the liability and
surety on the bond given by the CONTRACTOR
ARTICLE 18. LABOR & MATERIALS PAYMENT BOND
a) The Contractor shall furnish a payment bond from a surety company qualified to do
business under the laws of the Commonwealth of Massachusetts and satisfactory to
the Town, in an amount of one half of the total contract price for payment for labor
performed or furnished and materials used or employed therein, when the contract is
executed.
b) It is distinctly agreed and understood that any changes made in the specifications for
this work, whether such changes increase or decrease the amount of work required,
or any change in the manner or time of payments made by the Town to the
Contractor, shall in no way void, release or affect the liability and surety on the
bond given by the Contractor.
ARTICLE 19. WAGE RATES
a) If the work under this Agreement involves the construction of public works, the
Contractor agrees to pay the prevailing wage and comply with M.G. L. c. 149, 26
- 27D and a Statement of Compliance is included in the Contract Documents.
Pursuant to M.G.L. c. 149 26 & 27B, the Contractor (and every Subcontractor)
shall file weekly certified payroll records with the Town for all employees who have
worked on the project. The Town and the Contractor must preserve said records
for a period of not less than three years.
b) Pursuant to Mass. Gen. L. Ch. 149, 34B, the Contractor shall pay any Reserve
Police Officer employed by it the prevailing wage of regular Police Officers in the
Town of Needham.
ARTICLE 20. TIME RECORDS
The Contractor shall cause to be maintained complete, accurate, and detailed records of all
time devoted to the project by the Contractor and each consultant or subcontractor
employed by the Contractor. The TOWN may at all reasonable times audit such records.
The Contractor shall comply with Mass. Gen. Laws, Chapter 30, Section 39R, which
requires the Contractor to:
i) maintain accurate and detailed accounts for a six-year period after the final
payment [(b)(1)].
ii) file regular statements of management concerning internal auditing controls
[(c)].
iii) file an annual audited financial statement [(d)].
iv) submit a statement from an independent certified public accountant that such
CPA has examined management's internal auditing controls and expresses an
opinion as to their consistency with management's statement in (b) above
and whether such statements are reasonable with respect to transactions and
assets that are substantial in relation to the CONTRACTOR'S financial
statement [(c)(4)(1)-(2)].
ARTICLE 21. MATERIALS AND WORKMANSHIP
Unless otherwise specified, all materials and equipment incorporated in the work under the
Contract shall be new. All workmanship shall be first class and by persons qualified in the
respective trades.
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ARTICLE 22. GUARANTEE OF WORK
a) Except as otherwise specified, all work shall be guaranteed by the Contractor
against defects resulting from the use of inferior materials, equipment, or
workmanship for one year from the date of final completion of the Contract.
b) If, within any guarantee period, repairs or changes are required in connection with
guaranteed work, which in the opinion of the Town are rendered necessary as a
result of the use of materials, equipment or workmanship which are inferior,
defective or not in accordance with the terms of the Contract, the Contractor shall,
promptly upon receipt of notice from the Town and at its own expense:
1) Make goods and services conform to this Agreement;
2) Make good all damage to the Town, or equipment or contents thereof, which,
in the opinion of the Town, is the result of the use of materials, equipment or
workmanship which are inferior, defective, or not in accordance with the
terms of the Agreement; and
3) Make good any work or material, or the equipment or site, which is disturbed
in fulfilling any such guarantee.
ARTICLE 23. GOVERNING LAW
This Agreement and performance hereunder are governed in all respects by the laws of the
Commonwealth of Massachusetts and all other applicable by-laws and administrative rules,
regulations and orders.
ARTICLE 24. CONSENT TO VENUE
The Contractor agrees that it shall commence and litigate all actions or proceedings arising
in connection with this Agreement exclusively in the Dedham District Court or in the Norfolk
Superior Court, both of which are located in the County of Norfolk, Commonwealth of
Massachusetts. The aforementioned choice of venue is intended to be mandatory and not
permissive in nature, thereby precluding the possibility of the Contractor commencing or
prosecuting any litigation against the Town, with respect to or arising out of this Agreement,
in any court or forum other than those specified in this paragraph. It is further agreed that
the parties to this Agreement hereby waive their rights to a jury trial.
ARTICLE 25. CONFLICT OF INTEREST
By execution of this Agreement with the TOWN, the Contractor acknowledges that the
TOWN is a municipality for the purposes of Massachusetts General Law Chapter 268A (the
Massachusetts conflict of interest statue), and agrees, as circumstances require, to take
actions and to forbear from taking actions so as to be in compliance at all times with the
obligations of the Contractor based on said statute.
ARTICLE 26. INDEPENDENT CONTRACTOR
All of the services to be performed under the terms of this Agreement will be rendered by
the Contractor as an independent contractor. None of the terms of this Agreement shall
create a principle-agent, master-servant or employer-employee relationship between the
Town and the Contractor.
ARTICLE 27. LAWS, PERMITS AND REGULATION
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