26-0024 Mobile Carts.pdf

Town of West Springfield

Jaime Flores 26 Central Street, Suite 32 Procurement Administrator West Springfield, MA 01089

(413) 495-1732 | jflores@tows.org

General Information

RFQ Title Mobile Carts

RFQ Number 26-0024

Release Date October 23, 2025

Quotes Due 12:00 PM on November 5, 2025

Deliver By December 1, 2025

Eligible Bidders Bidding is restricted to vendors on the following Statewide Contract: OFF50 - Category 5

TheselectedvendorwillbesubjecttoallofthetermsandconditionsofStatewideContractOFF50. Any conflicting or additional terms, conditions, or agreements included in or attached to this formbythe vendor shall be considered to be superseded and void.

Theselectedvendorwillberequiredtosignagoods/servicescontractwiththeTownofWestSpringfield which is attached as Attachment A.

Purchase Description The West Springfield School District is seeking 110 mobile carts for 75 inch Touchview Interactive displays. The weight of each panelisapproximately113poundsandtheTVVesapatternis600x400.

The carts must have wheels capable of locking and fixed manual height adjustment.

Carts to be delivered to:

Town of West Springfield Attn: IT Department 26 Central St, Suite 15 West Springfield, MA 01089

ATTACHMENT A

TOWNOF WEST SPRINGFIELD

CONTRACT & GENERAL CONDITIONS

FOR GOODS & SERVICES

Contract Number:

Town Department:

Contractor Name:

Contractor Address:

Contractor City, State, Zip:

Contractor Contact Person:

Contact Phone Number:

Contact Email:

Bid Number (if applicable):

Contract Start Date:

Contract End Date:

Extension Options:

Purchase Order Number:

Goods/Services Being Purchased:

ThisContractismadeasofthedatewrittenabovebyandbetweentheTOWNOFWEST SPRINGFIELD, a Massachusetts municipal corporation with a principal office at 26 Central Street,WestSpringfield,Massachusetts01089(hereinafterthe“Town”)andtheContractorlisted above(hereinafterthe“Contractor”). Inconsiderationofthemutualcovenantscontainedherein, the parties agree as follows:

1. PURCHASE DETAILS.

A. Description of Purchase. This is a Contract for procurement of the goods or servicesdescribedinthequote/scopeofworkattachedasExhibitA,andincludes any delivery, installation, setup or other requirements detailed therein.

B. Contract Price. The total price to be paid to theContractor by the Town is:

C. Payment Terms. The Contractor shall, in the absence of a payment schedule, periodically submit to the Town invoices, itemizing goods, services, labor and expenses for which compensation is due and requesting payment for goods receivedorservicesrenderedbytheContractorduringtheperiodcoveredbythe invoice. Theamountsdueundersuchinvoiceshallbepayablewithinthirty(30) days after the Town’s receipt of such invoice. Invoices shall not be issued in advance and the Contractor may only invoice for services actually rendered or goods and materials actually delivered, in an amount not to exceed the amount shown on the face of this Contract.

D. ContractTerm&Extensions. ThisContractshallbesubstantiallycompletebythe Contractor on or before the date specified above unless extended pursuant to a provisionforextensioncontainedintheContractDocumentsatthesolediscretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds. The time stated in the Contract Documents is of the essence of the Contract. By executing this Contract, the Contractor confirms that the contract time is a reasonable period of time for delivery of the goods.

2. ACCEPTANCEOFGOODS. AllgoodsshallbereceivedsubjecttotheTown’srightof inspectionandrejection.IftheTownfindsgoodsandservicesfurnishedtobeincomplete ornotincompliancewiththeTown’sspecifications,theTown,atitssolediscretion,may either reject the goods or services, require Contractor to correct any defects without charge, or negotiate with Contractor to reduce the price, whichever the Town deems appropriate under the circumstances.

3. CONTRACT DOCUMENTS. “Contract”and“ContractDocuments”shallinclude,in the followinghierarchyofdocumentprecedence,asapplicable:thisContract&General Conditions; instructions to bidders; general specifications; other specificationsincluded in the Town’s invitation for bids or request for proposals; addenda issued during the bidding period; and contractor’s proposal, which documents are incorporatedhereinby reference. In the event of conflicting provisions, the provisions most favorable to the Town shall govern.

4. SUBJECT TO APPROPRIATION. Notwithstanding anything in the Contract Documentstothecontrary,anyandallpaymentsthattheTownisrequiredtomakeunder thisContractshallbesubjecttoappropriationorotheravailabilityoffundsascertifiedby the Chief Financial Officer.

5. CONTRACTOR’S BREACH AND THE TOWN’S REMEDIES. Failure of the ContractortocomplywithanyofthetermsorconditionsofthisContractshallbedeemed a material breach of this Contract, and the Town shall have alltherightsandremedies providedintheContractandContractDocuments,including,butnotlimitedto,theright tocancel,terminate,orsuspendtheContractinwholeorinpart,therighttomaintainany and all actions at law or in equity,orotherproceedingswithrespecttoabreachofthis Contract,includingdamagesandspecificperformance,andtherighttoselectamongthe remedies available to it by all of the above.

6. CLAIMS BY CONTRACTOR AND LIABILITY OF THE TOWN. All claims by theContractoragainsttheTownshall,unlessotherwiseprovidedbylaw,beinitiatedbya writtenclaimsubmittedtotheTownnolaterthanseven(7)calendardaysaftertheevent orthefirstappearanceofthecircumstancescausingtheclaim. Theclaimshallsetforth in detail all known facts and circumstances supporting theclaim. TheContractorshall continueitsperformanceunderthisContractregardlessofthesubmissionorexistenceof anyclaims. TheliabilityoftheTownunderthisContractislimitedtothecompensation provided herein for goods actually delivered to the extent that such compensation is permitted by law. The Town’sliabilityshallinnoeventincludeliabilityforincidental, special or consequential damages or lost profits or for damages of loss from causes beyond the Town’s reasonable control. To thefullextentpermittedbylaw,noofficial, employee, agent or representativeoftheTownofWestSpringfieldshallbeindividually or personally liable on any obligation of the TownunderthisContract. Acceptanceby the Contractor of paymentfromtheTownforfinalservicesunderthisContractshallbe deemedtoreleaseforevertheTownfromallclaimsandliabilities,exceptthosewhichthe Contractor notifies the Town in writing within six (6) months after such payment.

7. TERMINATION. TheTownmayterminatethisContractforcauseiftheContractorhas breached any material term or condition and has not corrected the breach within a reasonableperiodoftimeafterwrittennoticefromtheTownidentifyingthebreach.This ContractmaybeterminatedatanytimefortheconvenienceoftheTownbydeliveringor mailing to the Contractor a written notice of termination settingforththedate,notless than seven (7) days after the date of such delivery or mailing, when such termination shall beeffective.Intheeventofsuchterminationforconvenience,theContractorshall be compensated for goods delivered to the effective date of said termination in accordance with the rates of compensation specified in thisContract.ThePartiesagree that if the Town erroneously, improperly or unjustifiably terminates for cause, such terminationshallbedeemedaterminationforconvenience,whichshallbeeffectivethirty

(30) days after such notice of termination for cause is provided.

8. STATUTORY COMPLIANCE. The Contractor agrees to comply with allapplicable local, state and federal laws, regulations and orders relating to the completion of this Contract. ThisContractshallbegovernedbyandconstruedinaccordancewiththelaw of the Commonwealth of Massachusetts.

A. Conflict of Interest. Both the Town and the Contractor stipulate to the applicability of the State Conflict of Interest Law(MassachusettsGeneralLaws (“M.G.L.”) Chapter 268A), and this Contract expressly prohibits any activity whichshallconstituteaviolationofthatlaw. TheContractorshallbedeemedto haveinvestigatedthelaw’sapplicabilitytotheperformanceofthisContract,and, byexecutingtheContract,theContractorcertifiestotheTownthatneitheritnor its agents, employees, or Subcontractors, are in violation of Massachusetts General Laws Chapter 268A.

B. Certification of Tax Compliance. Pursuant to M.G.L. c. 62C, § 49A, the Contractor certifies under penalties of perjury, that to the best of Contractor’s knowledge and belief, Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

C. CertificationofNon-DebarmentorSuspension. PursuanttoM.G.L.c.29,§29F, theContractorcertifiesunderpenaltiesofperjury,thattothebestofContractor’s knowledge and belief that neither it nor any of its subcontractors are currently debarred or suspended by the U.S. government, the Commonwealth of Massachusetts,oranyofitssubdivisions. Furthermore,if,duringthedurationof thiscontract,theContractorbecomessuspendedordebarred,theContractorshall notify the Town in writing within five (5) days of such occurrence.

D. Amendments & Change Orders. If applicable, any amendments and/or change ordersmadetothisContractmustbemadeinwritingandsignedbybothParties and may not increase the price ofthecontractbymorethantwenty-fivepercent (25%) of the original maximum Contract price, pursuant to M.G.L. c. 30B, § 13.

9. ASSIGNMENT. Assignment of this Contract is prohibited without the prior written approval of the Mayor.

10.INDEMNIFICATION. The Contractor shall defend,indemnifyandholdharmlessthe Townanditsofficers,agents,andallemployeesfromandagainstclaimsarisingdirectly orindirectlyfromthisContract. Contractorshallbesolelyresponsibleforalllocaltaxes orcontributionsimposedorrequiredundertheSocialSecurity,Workers’Compensation, andincometaxlaws. Further,theContractorshalldefend,indemnifyandholdharmless theTownwithrespecttoanydamages,expenses,orclaimsarisingfromorinconnection withanyoftheworkperformedortobeperformedunderthisContract. Thisshallnotbe construed as a limitationoftheContractor’sliabilityundertheContractorasotherwise provided by law.

11.INSURANCE. Contractor shall maintain adequate insurance in any and all forms to protect both Contractor and the Town against all liabilities, losses, damages, claims, settlements,expenses,andlegalfeesarisingoutoforresultingfromperformanceofthis Contract. The Contractor shall be responsible to the Town or any third party for any property damage or bodily injury caused by it, any of its subcontractors,employeesor agents in the performance of, or as a result of, the work under this Contract. The ContractorshallwhereapplicabletakeoutandmaintainduringthetermofthisContract such Worker’s Compensation insurance as may be reasonably necessary to protect the Contractor from claims under Massachusetts General Laws Chapter 152.

IftheContractorisprovidingservices,theContractorandanysubcontractorsusedhereby certify that they are insured for workers’ compensation,propertydamage,andpersonal and product liability. The Contractor and any subcontractor it uses shall purchase, furnishcopiesof,andmaintaininfullforceandeffectinsurancepoliciesintheamounts here indicated.

General Liability Bodily Injury Liability: $1,000,000 per occurrence Property Damage Liability $ 500,000 per occurrence (or combined single limit) $1,000,000 per occurrence

Automobile Liability Bodily Injury Liability: $1,000,000 per occurrence Property Damage Liability $ 500,000 per occurrence (or combined single limit) $1,000,000 per occurrence

Professional Liability Insurance Minimum Coverage $1,000,000 per occurrence

Workers’ Compensation Insurance Coverage for all employees in accordance with Massachusetts General Laws.

PriortocommencementofanyworkunderthisContract,theContractorshallprovidethe Town with Certificates of Insurance which include the Town as an additional named insured and which include a thirty day notice of cancellation to the Town.

12.INDEPENDENTCONTRACTOR. TheContractoracknowledgesandagreesthatitis acting as an independent contractor for all work and services rendered pursuanttothis Contract and shall not be considered an employee or agent of the Town for any purpose.

13.NOTICES. AnynoticepermittedorrequiredundertheprovisionsofthisContracttobe given or served by either of the parties hereto upon the other party hereto shall be in writingandsignedinthenameoronthebehalfofthepartygivingorservingthesame.

Notice shall be deemed to have been received at the timeofactualserviceorthree(3) business days after the date of a certified or registered mailing properly addressed.

Notice to the Contractor shall be deemedsufficientifsenttotheaddressonthefaceof thisContract. NoticetotheTownshallbedeemedsufficientifsenttotheTownofWest Springfield, Attn: Town Attorney, 26 Central Street, Suite 32, West Springfield, MA 01089.

14.MISCELLANEOUS PROVISIONS

A. Forum and Choice of Law. This Contract shall be governed, interpreted and construedunderthelawsoftheCommonwealthofMassachusettswithoutregard toconflictoflawprinciples.ThePartiesagreethatanydisputeorlitigationarising inwholeorinparthereundershall,attheoptionoftheTown,belitigatedinany stateorfederalcourtofcompetentsubjectmatterjurisdictionsittinginHampden County, Massachusetts.

B. Entire Agreement. This Contract represents the entire agreement between the Contractor and the Town, and supersedes any prior agreements whether oral or written. ThisContractmaybeamendedonlybyawritteninstrumentexecutedby both the Contractor and the Town.

C. Severability. If any provision of this Contract shall be found invalid for any reason,suchinvalidityshallbeconstruedasnarrowlyaspossibleandthebalance of the contractshallbedeemedtobeamendedtotheminimumextentnecessary to provide to the parties substantially the benefits set forth in this Contract.

D. Counterparts and Electronic Signatures. This Contract may be executed in counterparts,eachofwhichshallbedeemedanoriginal,butallofwhichtogether shallconstituteoneandthesameinstrument.ThisContractmayalsobeexecuted byfacsimile,email,orotherelectronicmeans,andsoexecutedshallhavethefull force and legal effect as an original.

[Signatures on Following Page]

IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed by their agents hereunto duly authorized as of the dates written below.

THE CONTRACTOR THE TOWN OF WEST SPRINGFIELD

By: By: William C. Reichelt Its: Its: Mayor/Chief Procurement Officer

Date Date

Certified as to Appropriation Chief Financial Officer/Town Accountant

Department Head