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HomeMy WebLinkAboutContract #: 604 - From: 07-01-2012 To: 06-30-2015 - JC Madigan - Department of Public WorksV� 5 -F- Andrew W. Maylor Town Manager Mr. Timothy Madigan, President J.C. Madigan, Inc. 450 Old Union Turnpike Lancaster, MA 01423 Dear Mr. Madigan: Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townofnorthandover.com October 27, 2015 Telephone (978)688-9510 Fax (978)688-9556 In accordance with the provisions of MDOTFCS104 and the contract between the Town of North Andover and J.C. Madigan, Inc. (Contract #604), the contract to provide light duty automotive parts, repairs and services for the Department of Public Works is extended through June 30, 2017. Please provide updated insurance certificates including listing the Town of North Andover as `Additional Insured' in accordance with the contract document. The insurance certificates are to be sent to the attention of Ray Santilli, Assistant Town Manager. If you have any questions and/or concerns, please call Mr. Santilli at 978-688-9516. Sincerely, Andrew W. Maylor Town Manager cc., Ray Santilli, Assistant Town Manager Bruce Thibodeau, Public Works Contract File Santilli, Ray From: Thibodeau, Bruce Sent: Wednesday, October 21, 2015 11:08 AM To: Santilli, Ray Cc: Willett, Tim Subject: FW: MassDOT Contract -1C Madigan extension Attachments: MassDOT Contract.pdf Ray, Please see the information attached extending J.C. Madigan's state contract to June 30, 2017. This state procurement required that a contract be executed by the Town with the contractor, which we did in 2012. It expired last June but the contract allows that it be extended. I recommend that it be extended. Bruce D. Thibodeau, P.E. Director, Department of Public Works Town of North Andover 384 Osgood Street North Andover, MA 01845 Phone 978.685.0950 Fax 978.688.9573 Email bthibodeau(@townofnorthandover.com Web www.TownofNorthAndover.com From: Lanen, Jo -Ann Sent: Wednesday, October 21, 2015 10:54 AM To: Thibodeau, Bruce <BThibodeau@townofnorthandover.com>; Willett, Tim <TWillett@townofnorthandover.com> Subject: FW: MassDOT Contract - JC Madigan extension Here is proof that JC Madigan has received a contract extension in COMM BUYS. PA- d'`''_•f L s i ,To --A wvv La w nl DPW - Department Assistant Town of North Andover 1 Charles Baker, Governor P% `S OT Karyn E. Polito, LieutenanttenantGovernor Stephanie Pollack, Secretary & CEO 7Massachusetts Department of Transportation Thomas Tinlin, Acting Administrator Highway Division CONTRACT AMENDMENT NOTICE April 13, 2015 J.C. Madigan, Inc. 450 Old Union Turnpike Lancaster, MA 01423 Contract Number: 73368 Action Item Date: April 1, 2015 Action Item Number: 18 Dear Timothy Madigan, Enclosed is a signed copy of your contract amendment with the Massachusetts Department of Transportation, Highway Division. This amendment is regarding an extension of the completion date to June 30, 2017. This amendment is relative in the statewide purchase of automotive supplies and services for all areas of MassDOT. Please insert this amendment into the original contract. Thank you, Sam Chan Contract Specialist Supervisor Contracts & Records SHSC/rc cc: Fiscal Contract.-, & Records E -Mail: Silvio Petraglia Marie Luskin, Materials Management Ten Park Plaza, Suite 5510, Boston; MA 02116 Leading the Nation in Transportation Excellence Tel: 857-368-9537, Fax: 857-368-0623 www.mass.gov/massdot Massachusetts Department q Transportation - .f Highway Division Goods* And Services Amendment Amount Range: $500,000 and tip Originating Office: Highway Operations Contract #: intf,0000f24c00073368 Project ID: MDOTFCS 104 Amendment Type: Time Extension Federal Aid Number: Project/Location: MassDOT, all locations No. of Extension: I Original Max. Obligation: e 1 6 R&4 _ NTP Date:7/1/2012 Vendor/Party Name: 12 Vendors, (listing attached) Vendor/Party Address: - C ,/V Oriizinal-Cuiient. Amendment: Amended Date/ Dollar: Completion Date: 6/30/2015 6/30/2015 2 years 6/30/2017 Contract Encumbrance Amount: Description: Contract modification for the I st and only two (2) year extension available on Contract 73368, MDOTFCS104, for the purchase of Lt. Duty Automotive, Parts/Services. All items and services will be ordered on an as needed basis . Submitted By: Approved By: " A"__ _L_ LIt—e-­1 Buyer Date Date r Alf Highway Administrator Date A& Date DOT AMENDMENT 03-25-2010 ItemNumber:18, Date. APR U 1 _X5_ I I MASSDOT STANDARD CONTRACT FORM a This form is issued and published by the Massachusetts Department of Transportation (MassDOT or Department). Any changes to the official printed language of this form shall be void. Additional non -conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional terms as part of this Contract without prior Department approval. Click on hypedinks for definitions, instructions and legal requirements that are incorporated by reference into this Contract. An electronic oopy of this form is available at www.mawcLQv/osc under Guidance For Vendors - Forms or www.massmovtosd under OSO Forms. CONTRACTOR LEGAL NAME J.C. Madigan, Inc. DEPARTMENT NAME: Massachusetts Department of Transportation (and dlbia): MMARS Department Code: DOT Legal Address: (W-9, W-4,T&C): 450 Old Union Turnpike, Lancaster, MA 01423 Business Mailing Address: DOT, Contract Manager: Timothy Madigan Billing Address (if different): 668 South Avenue, Weston, MA 02493 E -Mail: tmadigan@jcmadigan.com Contract Manager, Silvio Petraglia Phone: 978.847.2900 Fax: 978.847-0068 E -Mail: Sitvio.Petraglia@state.ma.us Contractor Vendor Code: VC6000167322 Phone: 781.431.5090 Fax: 781.431.5095 Vendor Code Address ID (e.g. "AD001"): AD 001 MMARS Doc ID(sl: INTF0000F24CO0073368 RFRIProcurement or Other ID Number. MDOTFCS104 (Note: The Address id Must be set up for EFT payments.) _ NEW CONTRACT X CONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE: (Check one option only) Enter Current Contract End Date Priorto Amendment: 6130 , 2015. Statewide Contract (OSD or an OSD-designated Department) Enter Amendment Amount: $ (or "no change') Collective Purchase (Attach OSD approval, scope, budget) AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.) _ Department Procurement (includes State or Federal grants 815 CMR 2.00) X Amendment to Scope or Badget (Attach updated scope and budget) (Attach RFR and Response or other procurement supporting documentation) Contract (Attach justification for Interim Contract and updated scopePoudget) Emergency Contract (Attach justification for emergency, scope, budget) — Contract Employee (Attach Employment Status Form, scope, budget) _Interim —Contract Employee (Attach any updates to scope or budget) Legislative/Legal or Other: (Attach authorizing languagefustiiication, scope and _ Legislative/Legal or Other: (Attach authorizing language/justification and updated budget) I scope and budget) The following MassDOT TERMS AND CONDITIONS (T&C) has been executed, filed with GTR and is incorporated by reference into this Contract. X MassDOT Terms and Conditions Commonwealth Terms and Conditions For Human and Social Services COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non -appropriated funds, subject to intercept for MassDOT/Commonwealth owed debts under 815 CMR 9.00. X Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.) _ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $ . PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days _% PPD; Payment issued within 15 days _ % PPD; Payment issued within 20 days _ % PPD; Payment issued within 30 days _% PPD, If PPD percentages are left blank, Identify reason: —agree to standard 45 day cycle _ statutoryllegai or Ready Payments (G.L. c. 29. § 23A); only inifia) payment subs! cent payments scheduled to support standard EFT 45 da a ment cycle. See Prompt Pay Discounts Poi . BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment, Attach all supporting documentation and justifications.) 2 year contract extension for the Purchase of Lt, Duty Automotive parts/services for all areas of MassDOT. All parts and services will be ordered on an as needed basis. ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations: X 1, maybe incurred as of the Effective Date (latest signature date below) and no obligations have been incurred >I d r to the Effective Date. 2. may be incurred as of , 20_, a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date. — 2. were Incurred as of _, 20_, a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into.this Contract. Acceptance of payments forever releases the Commonwealth and MassDOT from further claims related to these obligations. CONTRACT END DATE: Contract performance shall terminate as of 6130 _ , 20 17___, with no new obligations being incurred after this date unless the Contract is property amended, provided that the terms of this Contract and performance expe€tations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close outor transition performance, reporting, invoicing or final payments, or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the MassDOT Terms and Conditions this Standard Contract Form including the instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor's Response, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractors Response only it made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terns result in best value, lower casts, or a more cost effective Contract. AUTHORIZING SIGNATURE FOR THE CONTRACTOR: AUTHORiZ NG SIGNATURE FORMassssDDOTT:: X: Date: gw X: r i .���o Date: (Signature anal -R19 -R19 Must dwritten At Time of Signature) (Signature and Date Must Be Handwritten At Tim of Signature) Print Name: 7tMo i 4t4 IARI516� Print Name: Thomas DiPaolo P.E. t Print Title: Print Title: _ Assistant Chief Engineer (Updated 3/21/2014) Page 1 of 5 . . ,I TOWN OF NORTH ANDOVER CONTRACT CONTRACT# 62U DATE: 1 /_2 -� .P - This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: J. C. Madigan Address: 450 Old Union Turnpike Lancaster, MA 01523 Telephone Number: 978-847-2900 Fax Number: 978-847-0068 1. This is a Contract for the procurement of the following: Provide light duty automotive parts, repairs, and services for the Department of Public Works, in accordance with MDOTFCS104, for the period of July 1, 2012 through June 30, 2015 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Prices in accordance with MDOTFCS104 3. Payment will be made as follows: Upon successful completion of services and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and I C. Madigan Page 1 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before June 30, 2015, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 2 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 3 procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutorompliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 4 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 5 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 6 All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 7 been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 8 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN 45rirvision/Department Head Contract Manager To n Manager Date APPROVED AS TO FORM: Town Cou sel Date THE CONTRACTOR J. C_ H X-616 A�) , ltAC_ Company Name Signature Date 71t4a" M- �-A A.'k,5l6&O Pa&1>5rJ"J� Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: 7 d— g�, Town Accountant Date (Rev 5-2007) Contract by and between Town of North Andover and J. C. Madigan Page 9 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover, and J. C. Madigan, which Contract is a contract for the procurement of services. 2. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 3. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. 4. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 1 and J. C. Madigan expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: -/� '-a & 4, �, Town CoqAsel CA— I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO ¢ZsS� Town Accountant Date: TOWN OF NORTH ANDOVER I" `� wn Manager l ifkp'ariment/Division Head THE CONTRACTOR: (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and J. C. Madigan . , Summary Page 1 of 2 r" ,� ► Lo in Help i S�1�,'�, d%r The Commonwealth of QUICK QUOTES SOLICITATIONS CONTRACTS FORUMS BUSINESS DIRECTORY 30IN FED STIMULUS RESOURCE CENTER Home > Browse Contracts > Contract Search > Search Result Quick Tips... SummaryTo inquire about a particular _........................................._.._.._................. ...-......................... _.__......._.w_W.-._,......._... ........... -_..... ........... .-... _...... .............. ....-_____._.._........ .........._..._..----....... __...... .......... ..,........................ .... ......._....... .... Solicitation. Contract. or Document Number: MDOTFCS104 Issued By: Massachusetts Department of Transportation MassDOT Bidder Forum: contact the person listed on the Issuer Highway (Formerly Massachusetts Highway Department)1 Massachusetts Department of Transportation tab within the specific record. (Formerly Massachusetts Highway Department) Number: SummaryRules Issuers Forms & Terms Vendors . Updates Other Information Please note that all Forum information.. information and file Document Title: LT. DUTY AUTO PARTSiREPAIRSISERVICES attachments contained in each tab of any Comm -PASS Document Status: ACTIVE Version: 00004 record are hereby Amendment Reason: Change of address for vendor (D & W Diesel) incorporated by reference into the Solicitation. Bidders' Conference (r"orum), and Small Procurement - Estimated Estimated Value (US$): Not Available No resulting Contract if any, of that record. Value $5,000 to $150,000: Estimated Units: Not Available Large Procurement - Estimated Yes Value greater than $150,000 : It is the responsibility of every bidder to check ..................................................._..._.....................................-.,......................_.................................................. Comm -PASS for both: Start Date: 07/01/2012 12:00AM Last Changed Date: 07102/2012 01:24PM Any addenda or 07/01/2012 modifications to a End Date: 06130/2015 12:OOPM Award Date: 11:59PM Solicitation for which they intend to bid by monitoring Max End Date: 06/3012017 12:OOPM the "Last Change" field on Issuer may exercise renewal options. See Rules tab for renewal information, the Solicitation's summary page to ensure that if any. have the most recent1ey ..... ..... ...____._....._------- ._...... ._._.___.._...._...__.__.__.__..-_.___......-_.....__.._..__------------- .._..__....--.-----.______..__________.--_--------... Solicitation files: and. Comm -PASS Vehicles, Transportation and Road Maintenance - Related Equipment, Category: Services & Supplies 1 EQUIPMENT -VEHICLE -Motorized Vehicle Parts Any Bidder Forum records related to a Solicitation for __.__._._....__-...._....-............._.._.._............................._......._.___........-........ _..... ........... .......__..___..___._...._...._..________._._...._____..._......__..... ..... ..... ._..... ____--_.._.--.-_-___.. which they intend to bid by Procurement Type: Open For Use Under Separate Contract Execution using the Search for Bidders' Forum function on the Applicable MGL c. 7, § 22; c. 30, § 51; § 52; 801 CMR 21.00 Conduct Business menu to Procurement Law: ensure that they have access to information regarding physical bidders Statewide Contract: No Contains Federal Stimulus: No Contains EPP: No conferences, functionality Contains Contains Prompt Pay Terms: No Seek Quotes: Not Applicable which supports submission of written questions during the MBE/WBE/DBE: No defined question period, and all questions and answers associated with the Search Key Words: AUTO PARTS, AUTO SERVICES, AUTOMOTIVE PARTS, AUTOMOTIVE Solicitation. if any. REPAIRS To access files attached on a displayed page, either: Select the View icon (eyeglasses) to access any single file. Use the Seiect All on this Page and Download Files Selected on this Page options to access multiple https://www.ebidsourcing.com/displayPublicContSummView.do?doValidateToken=false... 7/17/2012 The Commonwealth of Massachusetts and its Description: LT. DUTY AUTO PARTS/REPAIRS/SERVICES Descri p subdivisions accept no liability and will provide no accommodation to vendors who submit a bid based upon an out-of-date solicitation Related Solicitation MDOTFCS104 document or to vendors who submit a bid without Number: reviewinc the related Bidders' Forum information.. To access files attached on a displayed page, either: Select the View icon (eyeglasses) to access any single file. Use the Seiect All on this Page and Download Files Selected on this Page options to access multiple https://www.ebidsourcing.com/displayPublicContSummView.do?doValidateToken=false... 7/17/2012 . , Issuer(s) Page 1 of 2 Lamm,UK as'! > Lo in F HelpSID iMassa�t �: ,�atu�eaitt.nXis ovr,�n QUICK QUOTES SOLICITATIONS CONTRACTS FORUMS BUSINESS DIRECTORY LOIN FED STIMULUS RESOURCE CENTER Home ? Browse Contracts ? Contract Search ? Search Result ? Quick Tips... Issuer(s) ........... _._...........__........-._............. -.....-._......-.............. ...... _._._..._........__._...._....-.._................ __...... __- __.___........... ..-_-___._.._._..__.._......._._._.._--........_..-_.._..._._.._._... Solicitation. Contract. or Document Number: MDOTFCS104 Issued By: Massachusetts Department of Transportation MassDOT Bidder Forum, contact the perSOn listed On the. Issuer Highway (Formerly Massachusetts Highway Department)! Massachusetts Department of Transportation tab within the specific record. (Formerly Massachusetts Highway Department) Summary Rules "� Issuer(s)Forms & Terms Vendor(s).Updates Other Information. Please note that a?I information and rue Eligible Entities attachments contained in _ ------------ ..... ----- _ each tab of any Comm -PASS Other entities may use this procurement, but must execute a separate contract that meets their own record are hereby legal and business requirements. incorporated by referenceinto the Solicitation; Bidders' Conference (Forum), and Eligible Entities resulting Contract; if any, of that record. MassDOT (FORMERLY MASSACHUSETTS TURNPIKE AUTHORITY) MassDOT (MASSACHUSETTS DEPARTMENT OF TRANSPORTATION) It is the responsibility of every bidder to check Comm -PASS for both: Contact Information ..... .... _.... ........_..........._.._......... ........._............-----_.-....--._.._._.._....__................................._..._..._._.. _.. Any addenda or Marie Luskin modifications to a Solicitation for which they Buyer - Fiscal Division intend to bid by monitoring 668 South Avenue the "Last Change" field on Weston, MA, 02493 the Solicitation's summary (781) 431-5176 (Phone) page to ensure that they Marie.Luskin@siate.ma'.us have the most recent Solicitation files; and, Additional Team Members Any Bidder Forum records ` related to a Solicitation for Team Member Name Team Member Organization which they intend to bid by using the Search for Bidders' There are no additional team members Forum function on the Conduct Business menu to ensure that they have access to information regarding physical bidders' conferences; functionality which supports submission of written questions during the defined question period, and all questions and answers associated with the Solicitation, if any. The Commonwealth of Massachusetts and its subdivisions accept no liability and will urovide no accommodation to vendors who submit a bid based upon an out-of-date solicitation document or to vendors who submit a bid without reviewing the related Bidders' Forum information. To access files attached on a displayed page, either: Select the View icon (eyealasses)to access any single file. Use the Select All on this Page and Download Files Selected on this Page options to access multiple https://www.ebidsoureing.com/displayPublicContSummContactView.do?menu id=2.4.3.1... 7/17/2012 Vendor(s) Page I of 2 LOMM--FRISS Low, P Help A N 'D e�` Mas is QUICK QUOTES SOLICITATIONS CONTRACTS FORUMS BUSINESS DIRECTORY JOIN FED STIMULUS RESOURCE CENTER Home s Browse Contracts > Contract Search > Search Result > Quick Tips... Vendor(s) To inquire about a particular ... ................. ........... ...................... ......... ..... .... . ...... ... . ...... ....... - - - ---- .. .... .................. ­­ .. ........ ......... . ....... . ­­ ................. . ..... .......... . ­­­ .............. ....... Solicitation, Contract, or Document Number: MDOTFCS 104 Issued By: Massachusetts Department of Transportation MassDOT Bidder Forum, contact the oerson listed an the Issuer Highway (Formerly Massachusetts Highway Department) I Massachusetts Department of Transportation tab within the specific record. (Formerly Massachusetts Highway Department) Summary Rules Issuers Forms &Terms i"Vendor lslil Updates Other Information Please note that ail information and file 78 items found, displaying I to 50. [First/Prev] 1, 2[hLext/Ljst — j attachments contained in each tab of any Comm -PASS Vendor Name Programs Comments Active? Vendor Vendor Code 1 View record are hereby Code 2 incorporated by reference into the Solicitation, Bidders All Truck & Equipment Yes VC6000176752 Conference (ForUM), and resulting Contract, if any, of American Crane & Hoist Yes VC0000153584 /* that record. Corp. Arc Welding Yes VC6000158220 It is the responsibility of every bidder to check Comm -PASS for both: Amies Auto Body, Inc. Yes VC0000345689 Any addenda or Baincor, Inc. Yes VC0000506451 modifications to a Solicitatiorm for which they Bolduc Mechanical Yes VC6000177812 intend to bid by monitoring "Las', Services, Inc. the Change" field on the Solicitation's summary Boston Freightliner, Inc, Yes VC6000183791 page to ensure that they have the most recent Solicitation t files� and, Boston Lock Yes VC6000160248 Brookline Machine Co. Yes VC6000156655 Any Bidder Forum records related to a Solicitation for which they intend to bid by Bulldog Fire Apparatus Yes VC0000492621 using the Search for Bidders' Forum function on the Cap World, Inc. Yes VC6000171320 Conduct Business rnenu toensure that they have access to information regarding Carey Auto, Inc. Yes VC0000435389 physical bidders' conferences, functionality Certified Labs (NCH Yes vc;6000262395 which supports Submission of Corp.) written questions during the defined question period, and Chelmsford Auto Electric, Yes VC6000167783 all questions and answers Inc. associated with the Solicitation. if any. Classic Automotive, Inc. Yes VC6000186105 The Commonwealth of Coadys Garage (145 Yes VC6000164375 Massachusetts and its Marston Street) subdivisions accept no liability and will provide no Cummins Northeast LLC Yes VC6000177742 accommodation modation to vendors who submit a bid based upon Curry Automotive, LLC Yes VC0000161391 an out-of-date solicitation document or to vendors who submit a bid without D & W Diesel Yes VC6000221296 reviewing the related Bidders' Forum information. DLP Industries, Inc. Yes VC0000529573 To access files attached on DMP Supply Co- Inc. Yes VC0000498760 a displayed page, either: Dario Diesel Service Yes VC6000159181 Select the View icon (eyeglasses) to access any Diversified Industrial single file. Supply, LLC Yes VC Dot Fleet Parts and Use the Select All on this Yes VC0000612827 Page and Download Files Service Selected on this Page options to access multiple https://www.ebidsourcing.comldisplayPublicContSummVendorList.do?menu—id=2.4.3.1.5... 7/17/2012 Vendor(s) Duff Spring Co.. Inc. Yes VC6000158368 East Coast Terminals Yes VC0000488761 Filtration & Fluid Tech -Div. Trifax LLC Yes VC0000496262 Frank L. Ferrara Spring Yes VC6000168890 Works, Inc. Franklin Ford Yes VC0000181223 GMS Hydaulics: Inc. Yes VC6000063626 Gator Auto Yes VC0000490632 Gauvin Supply Co., Inc. Yes VC6000162686 Gulino's Auto Body Yes VC0000500883 (Emanuele Gulino) Harry Heitin Radiator Yes VC0000613356 (Scott F. Meersman) Hub Starters & Yes VC60000168007 Alternators, Inc. Ideal Auto Glass Yes VC0000492490 (Christopher S. Harrison) Imperial Parts (Wholesale Yes VC0000476224 auto mart) Industry Electric Solutions Yes VC000613545 LLS J. C. Madigan Yes VC6000167322 Jack Madden Ford Sales, Yes VC6000157907 Inc Jim McLaughlin's Yes VC6000181049 Lynnway Truck Center John P Carroll Co.. Inc. Yes VC6000161462 MEC (Marine Electric) Yes VC0000487387 MHQ (Natick Auto Sales) Yes VC6000158713 Mac Tools (Glen Fosberg) Yes VC0000613110 Maiden Spring Yes VC0000529111 (Maplewood Truck Repair) Marcotte Ford Sales, Inc. Yes VC6000160295 Metro Ford Yes VC0000279126 Metro Welding Supply Inc. Yes VC0000488909 Mill Valley Splicing, Inc. Yes VC6000162442 Currently displaying 50 records per page. Change display to 5, 10, 15; 25 records per page. '.7 Page 2 of 2 files. If you do not have the file decompression software or utilities which enable this feature. a trial demonstration of N'Zip for PC's is available at www.winzip.com. Cr; Commonwealth of Massachusetts Cornm-PASS System Availability Site Policies Ahor!C OSD OSD https://www.ebidsourcing.com/displayPublicContSummVendorList.do?menu_id=2.4.3.1.5... 7/17/2012 Purchase Order Town of North Andover No. 142590 384 Osgood Street North Andover MA 01845 P.O. Date: 10/28/2013 Questions ? Ext: Account: P.O. Issued To: Ship To: J C Madigan Inc North Andover Public Works 450 Old Union Turnpike Attn: Timothy Willett Lancaster MA 01523 384 Osgood Street North Andover MA 01845 Contact: Location: Public Works (978) 688-9570 Phone: (978) 847-2900 Fax: (978) 847-0068 Project: Undesignated Req# 142796 Reference: Date Required: 11/09/2013 Award Number: 604 Line Qty Unit Part# Description Account Number Unit Price Extended Tax Freight 1 2 EA Installation of pavement 1001001.1.4.0423.0000.2.578000.0000.0000.00.00 975.00 1,950.00 0.00 0.00 thermometers in each Senior Foremen vehicle for snow removal operations. Approval Log Approved By Date Notes twillett 10/25/13 Requisition Submitted for Approval bthibodeau 10/25/13 Isavage 10/25/13 Iwebster 10/28/13 Purchase Order Created Sub -Total: 1,950.00 APPROVAL SIGNATURES: Freight: 0.00 Tax: 0.00 Total Amount: 1,950.00 NOTES Order Via: Mail FILE COPY Monday, October 28, 2013 Page 1 of 1 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of tWy e.. H At>I (IA,� , T.I C held on Ut>k4 I, 2,cx2 it was VOTED, THAT T"tM0IR -1 H H ASI6A0 �1 R� St r 0 l (Name) (Officer) of T,C_ LOC. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said —T.C— j-�{ l��i CTRs l✓a- , and affix its corporate seal hereto; and such execution of any contractor obligation in the name of J.C.• MXh 16A -r-) , C't3 4- on its behalf by such officer under seal of -T At Cc-4.QtX A-g.o,S , shall be valid and binding upon S • C• AMM p.0 , I hereby certify that I am the clerk of the above named �S. (' _ Il+U61 GMS(, 1�1e— and that ToAgjN y H M A�>I61 is the duly elected officer as above of said S• C • i AMA GA %1,100 , and that the above vote has not been amended or rescinded and remains in full force and effect as the dat, 3�1•� 3i , 2©t2 (Date) Certification of the Corporate Clerk OP ID: ST ACORO � CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 07/31/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to ;he certificate holder in lieu of such endorsement(s). PRODUCER 978-568-8711 D Francis Murphy Ins Agcy Inc 978-567-6436 50 Main Street Hudson, MA 01749 Dennis F. Murphy III x5140 CONTACT NAME: PHONE FA No E-MAIL ADDRESS: PRODUCER ,MADIG-1 c INSURERS AFFORDING COVERAGE NAIC # INSURED J.C. Madigan Inc. MarkStachowicz 450 Old Union Turnpike Lancaster, MA 01523 INSURERA:Acadia Insurance Co. 31325 INSURERB:AIMMutual Insurance Company 00031 INSURERC:Union Insurance Co. 25844 INsuRER D:Princeton Excess &Surplus 223410 INSURER E: INSURER F! COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDLSUB pOLICYNUMBER POLICY EFF POLICYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PAMAGE TO RENTED REMISES Ea occurrence $ 250,00 A X COMMERCIAL GENERAL LIABILITY X CPA130120920 05/01112 05101/13 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 A Garage MGA130121121 05/01/12 05/01/13 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,00 POLICY PRO- LOC Emp Ben. $ 1,000,00 A AUTOMOBILE LIABILITY ANY AUTO MAA006810420 05/01/12 - 05/01/13 COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ Collision Ded $ 1,00 X NON -OWNED AUTOS Comp Ded $ 1,00 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,OOL,JO A EXCESS LIAB CLAIMS -MADE CUA130121220 05/01/12 05/01/13 DEDUCTIBLE $ $ X RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUnVE Y� WMZ8002363012012 03/01/12 03/01/13 WC STATU- I OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A E.L. DISEASE - EA EMPLOYE $ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,00 D Excess Umbrella 74A3500000376 05/01/12 05/01/13 Per Occur 5,000,00 Per Aggre 5,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See Holder Notes CERTIFICATE HOLDER CANCELLATION NOAND01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main St North Andover, MA 01845 AUTHORIZED REPRESENTATIVE �lYa �• l ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD J.-- NOTEPAD. HOLDER CODE NOAND01 MADIG-1 PAGE 2 INSURED'S NAME J.C. Madigan Inc. OP ID: ST DATE 07131112 Town of North Andover has been listed as Additional Insured with respect to liability per written contract. s