Loading...
HomeMy WebLinkAboutContract #: 810 - From: 05-01-2015 To: 04-30-2016 - Compass Facility Serv - Town of North AndoverAndrew W Maylor Town Manager ��_ � ' �t.N... r.. -••.fir. '"'� � •pr }}i Town of North Aii.;p ji f `'�� Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townofnorthandover.com February 1, 2017 Mr. Brendan Greelish, President Compass Facility Services, Inc. 65 Jackman Street Georgetown, MA 01833 Dear Mr. Greelish: Telephone (978)688-9510 Fax (978)688-9556 In accordance with the provisions of Commonwealth of Massachusetts Contract FAC81, the contract between the Town of North Andover and Compass Facility Services, Inc. (Contract #810) to provide janitorial cleaning services for various municipal buildings is extended through January 31, 2019. Please provide updated insurance certificates 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 Ray Santilli, Assistant Town Manager, at 978-688-9516. Sincerely Andrew W. M ylor Town Manager cc., Stephen Foster, Facilities Management Contract File 2/1/2017COMM BUYS - Master Blanket =EK AMBUYS M AM Col. MM OPERATIONAL SERVICES DIVISION Master Blanket Purchase Order PO-14-1080-OSD01-OSD10-00000000947 Header Information Purchase Order PO -1 4-1080-OSDO1 -OSD1 0-00000000947 Number: Status: Fiscal Year: Organization: Department: Alternate ID: Days ARO: Print Dest Detail: Catalog ID: Contact Instructions: Special Instructions: Agency Attachments: Vendor Attachments: Agency Attachment Forms: Vendor Attachment Forms: 3PS - Sent 2014 Operational Services Division OSDO1 - Operational Services Division 0 If Different Release 0 Short FAC81 - District Number: Description: 4 Vendors, Janitorial Services, Environmentally Preferable Purchaser: Lalana Receipt Quantity Gunaratne Method: PO Type: Blanket Minor Status: Location: OSD10 - Type Code: Statewide Ashburton Contract RM1017 Entered 03/22/2014 Control Date: 02::15:46 Code: PM Retainage 0.00% Discount %: 0.00% Release Standard Pcard No Type: Release Enabled: Lana Gunaratne Strategic Sourcing Services Lead, 1 Tax Rate: Actual Cost: $0.00 Ashburton Place Room 1017 Boston, MA 02108, 617- 720-3315 lalana.m.gunaratne@state.ma.us FAC81_RFR_11_18_13_RLW_FINAL rev3 kkr_final_11_20_13.docx Adminfee.pdf FAC81 SOW Revised 5.6.15-3.xlsb FAC81 Sales_ Reporting_Template-4.xlsb FAC81 Vendors Districts PPD10.30.15-3.xlsx FAC81 Contract User Guide 02.01.2017-3.docx https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docld=PO-14-1080-OSDO1-OSD10-00000000947&releaseNbr=O&parentUrl=contract 1/4 211/2017' COMMBUYS- Master Blanket Primary Vendor Information & PO Terms Vendor: 99000000 - conversion Vendor Payment Shipping One Ashburton Place Terms: Method: Room 1017 Vendor Distributor Boston, MA 02108 Shipping Freight Email: commbuys@massmail.state.ma.us Terms: Terms: Phone: 6177203300 Status PO Acknowledgements: Document Notifications Acknowledged Date/Time Change Order Emailed to commbuys@massmail.state.ma.us at 09/29/2014 09:02:58 3 AM Change Order Emailed to commbuys@massmail.state.ma.us at 12/08/2015 11:33:28 4 AM Change Order Emailed to commbuys@massmail.state.ma.us at 12/31/2015 02:30:06 05/09/2016 02:35:30 PM 5 PM Change Order Emailed to commbuys@massmai1.state.ma.us at 06/14/2016 03:47:24 6 PM Change Order Emailed to commbuys@massmail.state.ma.us at 06/15/2016 03:51:59 10/04/2016 04:01:57 PM 7 PM Change Order Emailed to commbuys@massmail.state.ma.us at 01/04/2017 09:30:19 8 AM Change Order Emailed to commbuys@massmail.state.ma.us at 01 /31/2017 04:50:38 9 PM Master Blanket/Contract Vendor Distributor List Vendor ID Alternative Vendor Name Preferred Delivery Vendor Distributor ID Method Status 00000073 Facilities Management & Maintenance, Email Active Inc. 00000075 Compass Facility Services Email Active 00000076 Complete Cleaning Company, Inc. Email Active 00000087 BestPro Cleaning, LLC Email Active 00000641 M.D. Stetson Company, Inc. dba Email Active Facillitech 00000914 Done Right Building Services, Inc. Email Active 00001553 Empire Cleaning, Inc. Email Active 00003206 Star Building Services Inc Email Active 00003551 Kustom Services Email Inactive 211258 S.J. Services Inc. Email Active Vendor ID Alternative Vendor Name Preferred Delivery Vendor Distributor ID Method Status 220574 A-1 Clean Team, Inc. Email Active https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docld=PO-14-1080-OSD01-OSD10-00000000947&releaseNbr=O&parentUri=contract 2/4 2/1/2017• COMM BUYS - Master Blanket 223029 Mass Commercial Cleaning Inc Email Active 223393 M&M Contract Cleaning,lnc Email Active 223769 National Facility Services, Inc. Email Active 223993 Advanced Maintenance Solutions, Inc. Email Active 226449 American Cleaning Co., Inc. Email Active 226830 Mouras Cleaning Service, Inc Email Active 300075 CLEANCO Maintenance Corp. Email Active 4596 AMPM Facility Services Email Active 99000000 Conversion Vendor Active Master Blanket/Contract Controls Master Blanket/Contract Begin Date: 02/01/2014 Master Blanket/Contract End Date: 01/31/2019 Cooperative Purchasing Allowed: Yes Organization Department Dollar Dollars Spent to Minimum Order Limit Date Amount ALL ORG - Organization Umbrella Master AGY - Agency Umbrella Master $0.00 $331,688.00 $0.00 Control Control Item Information Print Sequence # 1.0, Item # 1: janitorial Services, District 4 Vendors, Environmentally Preferable, Custodial 3PS Services. Contract Services include but not limited to: Sweeping, vacuuming, cleaning, trash removal, recycling, window washing, dusting, and optional snow Sent removal. A Statement of Work is required to be quoted by at least three (3) vendors. Prevailing wage is required for Commonwealth owned and rented facilities. Please see Contract User Guide for reference. U N S P S C Code: 76-11-00 Cleaning and janitorial services 76-11-00-00 Cleaning and janitorial services 76-11-00-00-0000 Cleaning and janitorial services Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 1.0 $0.00 EA- Each 0.00 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docld=PO-14-1080-OSD01-OSD10-00000000947&releaseNbr=O&parentUrl=contract 3/4 21112017• COMMBUYS- Master Blanket Exit Copyright © 2017 Periscope Holdings, Inc. - All Rights Reserved. MA-PA52 https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docld=PO-14.1080-OSD01-OSD10-00000000947&releaseNbr=O&parentUri=contract 4/4 Andrew W. Maylor Town Manager Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townoffiorthandover.com June 21, 2016 Mr. Brendan Greelish, President Compass Facility Services, Inc. 65 Jackman Street Georgetown, MA 01833 Dear Mr. Greelish: Telephone (978)688-9510 Fax (978)688-9556 In accordance with the provisions of Commonwealth of Massachusetts Contract FAC81, the contract between the Town of North Andover and Compass Facility Services, Inc. ('Contract`' #810) to provide janitorial cleaning services for various municipal buildings is extended through January 31, 2017. Please provide updated insurance certificates 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. If you have any questions and/or concerns, please call Ray Santilli, Assistant Town Manager, at 978-688-9516. Sincerely, Andrew W. Maylor Town Manager cc., Stephen Foster, Facilities Management Contract File S 16/22/20111 COMMBUYS - Master Blanket Master Blanket Purchase Order PO-14-1080-OSD0I-OSD10-00000000947 Header Information Purchase Order PO- 14-1080-OSD01-OSD10-00000000947 Release 0 Short FAC81 - Number: Number: Description: District 4 Vendors, Janitorial Services, Environmentally Preferable Status: 3PS - Sent Purchaser: Lalana Receipt Quantity Gunaratne Method: Fiscal Year: 2014 PO Type: Blanket Minor Status: Organization: Operational Services Division Department: OSD01 - Operational Services Division Location: OSD10 - Type Code: Statewide Ashburton Contract RM1017 Alternate ID: Entered 03/22/2014 Control Date: 02:P�15:46 Code: Days ARO: 0 Retainage 0.00% Discount %: 0.00% Print Dest Detail: If Different Catalog ID: Release Standard Pcard No Type: Release Enabled: Contact Lana Gunaratne Strategic Sourcing Services Tax Rate: Actual $0.00 Instructions: Lead, 1 Ashburton Place Room 1017 Boston, Cost: MA 02108, 617-720-3315 lalana.m.gunaratne@state.ma.us Special Instructions: Agency FAC81 RFR 11 18 13 RLW FINAL rev3 kkr final 11 20 13.docx Attachments: Adminfee•°df FAC81 SOW Revised5.6.15-3.xlsb FAC81 Sales Reporting Template-4.xisb FAC81 Vendors Districts PPD10.30.15-3.xlsx Contract User Guide FAC81 06.14.2016-7.docx Vendor Attachments: Agency Attachment Forms: Vendor Attachment Forms: Primary Vendor Information & PO Terms Vendor: 99000000 - Conversion Vendor One Ashburton Place Room 1017 Payment Shipping Terms: Method: https://www.comm buys.corn/bso/external/purchaseorder/poSummary.sdo?docld= PO- 14-1080-OSD0I-OSD10-00000000947&releaseNbr=O&parentUrl=contract 1/3 i ,.6/22/2016' https:/, COMMBUYS - Master Blanket Boston, MA 02108 Shipping Email: commbuys@massmail.state.ma.us Terms: Phone:6177203300 PO Acknowledgements: Document I Change I Order 3 Change 1 Order 4 Change Order 5 Change { Order 6 Change Order 7 i Freight Terms: Notifications Emailed to commbuys@massmail.state.ma.us at 09/29/2014 09:02:58 AM Emailed to commbuys@massmail.state.ma.us at 12/08/2015 11:33:28 AM Emailed to commbuys@massmail.state.ma.us at 12/31/2015 02:30:06 PM Emailed to commbuys@massmail.state.ma.us at 06/14/2016 03:47:24 PM Emailed to commbuys@massmail.state.ma.us at 06/15/2016 03:51:59 PM Master Blanket/Contract Vendor Distributor List Vendor ID 00000070 00000073 00000075 00000076 00000079 00000087 00000140 00000641 Alternative–� Vendor Name I Preferred Delivery ID ( ; Method UG2, LLC Email Facilities Management & Maintenance, j Email Inc. Compass Facility Services i Email i Complete Cleaning Company, Inc. ! Email _ T & T Janitorial Services and Sales, Inc I Email Acknowledged Date/Time 05/09/2016 02:35:30 PM Vendor Distributor Status Active Active Active Active Active BestPro Cleaning, LLC j Email Active ABM i Email Active M.D. Stetson Company, Inc. dba _ Email Active Facillitech I 00000914 i Done Right Building Services, Inc. Email Active 00001531 ? Resource0ne New England Email �F—Active 9 00001553 Empire Cleaning, Inc. Email Active I 00003206 i Star Building Services Inc Email Active f 00003551 Kustom Services Email Inactive 211258 S. J. Services Inc. Email Active 220574 A-1 Clean Team, Inc. Email Active ------------ 223029 I Mass Commercial Cleaning Inc Email� Active 223393 M&M Contract Cleaning,lnc Email Active 223393 FM i 223769 ( National Facility Services, Inc. I EmailY Active www.commbuys.com/bso/external/purchaseorder/poSum mary.sdo?docld=PO-14-1080-OSD01-OSD 10-00000000947&releaseN br=0&parentU rl=contras :t 2/3 i { 22J2016' COMM BUYS - Master Blanket 223.993 I Advanced Maintenance Solutions, Inc. ! Email Active ____ 226449 American Cleaning Co., Inc. ! Email I Active 226830 Mouras Cleaning Service, Inc Email Active 300075 CLEANCO Maintenance Corp. ! Email Active 4596 AMPM Facility Services Email Active 99000000 Conversion Vendor Active Master Blanket/Contract Controls Master Blanket/Contract Begin Date: 02/01/2014 Master Blanket/Contract End Date: 01/31/2017 Cooperative Purchasing Allowed: Yes Organization Department Dollar Dollars Spent to Minimum Order Limit Date Amount ALL ORG - Organization Umbrella Master iAGY - Agency Umbrella Master I $0.00 $222,712.00 $0.00 Control i Control Item Information Print Sequence # 1.0, Item # 1: Janitorial Services, District 4 Vendors, Environmentally Preferable, Custodial Services. 3PS Contract Services include but not limited to: Sweeping, vacuuming, cleaning, trash - removal, recycling, window washing, dusting, and optional snow removal. A Statement Sent of Work is required to be quoted by at least three (3) vendors. Prevailing wage is required for Commonwealth owned and rented facilities. Please see Contract User Guide for reference. U N S P S C Code: 76-11-00 Cleaning and janitorial services 76-11-00-00 Cleaning and janitorial services 76-11-00-00-0000 Cleaning and janitorial services Receipt Method ( Qty ? Unit Cost ° UOM Discount % I Total Discount Amt. Tax Rate Tax Amount Total Cost Quantity 1.0 1 $0.00 EA Each [` 0. 0 $0.00 $0.00 $0.00 Manufacturer: Brand: Model: Make: Packaging: L_Exit Copyright© 2016 Periscope Holdings, Inc. - All Rights Reserved. MA-PAS1 https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docld=PO-14-1080-OSD01-OSD10-00000000947&releaseNbr=O&parentUrl=contract 313 TOWN OF NORTH ANDOVER CONTRACT CONTRACT &D DATE: tt*,o r a 2 , a0/S This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Compass Facility Services, Inc. Address: 65 Jackman Street Georgetown, MA 01833 Telephone Number: 877-657-9990 Fax Number: 978-352-7601 1. This is a Contract for the procurement of the following: Janitorial cleaning services for various municipal buildings in accordance with Commonwealth of Massachusetts Contract FAC81 and attached scope of services for the period of May 1, 2015 through April 30, 2016 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Location Monthly Cost Annual Cost Town Hall $974 $11,682 add carpet - per occurrence $420 add tile - per occurrence $420 buffing - per occurrence $105 Senior Center $793 $9,516 add carpet - per occurrence $180 add tile - per occurrence $750 buffing - per occurrence $105 (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page I Rl F. Police Station $3,470 $21,684 add carpet - per occurrence $450 add tile - per occurrence $2,325 buffing - per occurrence $210 cell cleaning - regular hours $70 cell cleaning - emergency $135 Youth Center $971 $11,652 add carpet - per occurrence $270 add tile - per occurrence $750 buffing - per occurrence $105 Community Development $580 $6,960 add carpet - per occurrence $560 DPW Office $613 $7,356 add carpet - per occurrence $140 add tile - per occurrence $600 buffing - per occurrence $105 Payment will be made as follows: At the completion of each month upon receipt of invoice, net 30 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. 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. (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 2 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 April 30, 2016, 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 3 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 procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance 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: (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 4 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 5 Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assioment 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 gainst 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 6 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. 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. (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 7 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. Pam 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 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. (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 8 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 Compass Facility Services, Inc. Page 9 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 Town Manager Date THE CONTRACTOR 64#"S A01-ITY SMva�s� ZNc any Name 4(' 3 la iS Signature I Date Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: l� Town tcountant Date (Rev 5-2007) Contract by and between Town of North Andover and Compass Facility Services, Inc. Page 10 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover and Compass Facility Services, Inc., 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 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $2 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 Compass Facility Services, Inc. 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. I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No To n untant Date: 6q TOWN OF OR �ANDOVER Town Manager n (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and Compass Facility Services, Inc. Scope of Services The contractor is to perform quality building cleaning services in a professional manner and be respectful of the occupant activities and security concerns of the individual buildings. Bidders are asked to quote monthly cleaning rates for the following municipal buildings (access times listed): Town Hall, 120 Main Street — after 5:00 pm Senior Center, 120R Main Street — after 5:00 pm Public Works, 384 Osgood Street — after 5:00 pm Youth Center, 33 Johnson Street — from 6:30 pm to 8:00 pm Police Department, 1475 Osgood Street — from 8:00 am to 5:00 pm Community Development, 1600 Osgood Street (leased space) — after 5:00 pm Contractor shall provide all standard cleaning equipment. The Town will provide the following consumable cleaning supplies: toilet paper, paper hand towels, and liquid hand soap. The general cleaning scope of services includes, but is not necessarily limited to: o Bathrooms o Doors and hardware o Floors o Glass o Walls and horizontal surfaces A. The following cleaning services shall be performed once daily, Monday through Friday, except at Police Department where they will be performed every day of the week: 1) Bathrooms (except at Community Development offices) Toilets/urinals/sinks/showers Dispensers — soap/towel/tissues Countertops Floors Walls — adjacent to fixtures Toilet partitions 2) Doors Door unit and frames Door hardware 3) Floors Carpet Resilient flooring (vct) Ceramic tile Epoxy Wood clean and sanitize refill, clean and sanitize clean and sanitize sweep, damp mop, sanitize damp wipe and sanitize damp wipe and sanitize clean clean and sanitize vacuum sweep, damp mop, spot clean sweep and mop clean sweep and mop clean dry mop 4) Walls Glass clean both sides Mirrors clean Window ledges dust Chair rails dust and spot clean 5) Horizontal Surfaces Countertops dust and clean Window Sills dust and clean Handrails dust and clean Unit ventilators dust and clean 6) Trash and Recycling Waste receptacles empty, clean and sanitize, replace liner Recycling bins empty to on-site recycling container 7) Lunch Rooms Countertops clean Sink clean Tables and chairs clean B. The following cleaning services shall be performed once weekly, Monday through Friday: 1) Bathrooms (except at Community Development offices) Walls — other than adjacent to fixtures dust. damn wine, snot clean 2) Floors Carpet spot clean stains Wood damp mop 3) Walls Painted.walls spot clean C. The following cleaning services shall be performed once monthly: 1) Doors Door unit and frames clean and sanitize 2) Ceiling HVAC diffusers and grates dust and clean Finish ceilings dust to remove cobwebs D. The following cleaning services shall be performed once yearly: 1) Floors Carpet Resilient flooring (vct) Epoxy 3) Ceiling HVAC diffusers and grates Finish ceilings Additional Services — Police Department deep clean extraction strip, seal and wax power scrub/clean dust and clean dust to remove cobwebs The contractor is to perform cleaning of cell block at Police Department on an as -needed basis. Cleaning frequency as determined, identified and requested by Officer -in -Charge. o Cleaning of all surfaces and fixtures within identified cell(s) o Cleaning may include the cleaning of biological hazards and/or body fluids o Special cleaning agents for cell block area furnished by Police Department o Contractor to provide necessary safety equipment for workers o Cleaning to be performed within four (4) hours of Police Department request CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the _Compass Facility Seriyces, Inc. held on 3anLA ra a1,7,OtSit was VOTED, THAT Brendan Greelish (Name) President (Officer) of Compass Facility Services, Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Cly , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Compass Facility Services, Inc. on its behalf by such officer under seal of Compass Facility Services, Inc. , shall be valid and binding upon this company I hereby certify that I am the clerk of the above named Compass Facility Services, Inc. and that Brendan Greelish is the duly elected officer as above of said Company , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. :TA()_uu al 1 S (n e) Certification of the Corporate Clerk DIA.1 alll� (Cler CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, 'on club or other organization, entity, or group of individuals. Signatur Date A/7 SPrint Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I ,�2C�yD R7�/ ��✓L£-FvsN , authorized signatory for ('s MP,,, A'1lv,c -r., Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and 3 3�s Date ACORP. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/28/2015 PRODUCER 978.887.4900 FAX 978. 887. 2404 Edward F. Sennott Insurance Agency, Inc. 16 South Main Street P. 0. Box 457 Topsfield, MA 01983 THIS CERTIFICATE IS ISSUED AS A MATTER 0 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Compass Facility Services Inc. 65 Jackman Street Georgetown, MA 01833 INSURERA: Travelers 19038 INSURERS: Charter Oak Fire Insurance Co. 25615 INSURERc: Travelers Casualty & Surety INSURER D: INSURER E: GUVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MMIDD/YYYY LIMITS GENERAL LIABILITY 6606259X762 04/01/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 XCOMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 CLAIMS MADE FX� OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY FX I PRO- JECT F LOC AUTOMOBILE LIABILITY 810OD662063 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS X BODILY INJURY $ B SCHEDULEDAUTOS (Per person) X HIRED AUTOS X BODILY INJURY $ NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CUP7729X172 04/01/2015 04/01/2016 EACH OCCURRENCE $ 7,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 7,000,000 A $ DEDUCTIBLE RETENTION $ $ WORKERS TION U66077X769 04/01/2015 04/01/2016 X TORY LIMITS I ER EMPLOY RS'LIAILIT AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under N E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPEC AL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS own of North Andover is additional insured CERTIFICATE HOLDER CANCELLATION Town of North Andover Facilities Director Stephen E. Foster 384 Osgood Street North Andover, MA 01845 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE A Sennott/AAM ©1988-2009 The ACORD name and logo are registered marks of ACORD hts reserved.