HomeMy WebLinkAboutContract #: 1623 - From: 07-01-2023 To: 06-30-2026 - NRT Bus, Inc. - School CONTRACT FOR BUSING SERVICES WITH THE NORTH ANDOVER PUBLIC
SCHOOL DISTRICT
THIS CONTRACT made and entered into this 1st day of July,2023,by and between June
30, 2026, a domestic profit corporation duly authorized by law and having a principal place of
business at NRT Bus,Inc.hereinafter called"CONTRACTOR', and the North Andover Public
Schools District, ("DISTRICT'I with a principal place of business at 566 Main Street, North
Andover,Massachusetts.
WHEREAS, the DISTRICT issued its Invitation For Bids for School Bus Transportation for a
CONTRACTOR to provide all equipment, labor, and material required to transport students to
the various schools within the DISTRICT of North Andover, including roundtrip transportation
of children from different areas of the DISTRICT to and from several different school locations
within the DISTRICT, extended school day (after school) trips, summer school, out-of-district
athletic and field trips, with the DISTRICT's Public Schools having priority use of the vehicles
in the bus fleet to meet all the transportation as described in the specifications as requested by the
DISTRICT, and;
WHEREAS, the CONTRACTOR represents that it is duly qualified in this field,and has agreed
to perform the services requested by the DISTRICT; and
WHEREAS, the DISTRICT has accepted the CONTRACTOR'S offer subject to the conditions
and agreements herein contained;
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NOW,THEREFORE,IT IS AGREED by and between the Parties as follows:
The CONTRACTOR agrees that it will provide School Bus Transportation as requested by the
DISTRICT for the transportation of North Andover school children, including roundtrip
transportation of children from different areas of the DISTRICT of North Andover to and from
several different school locations within the DISTRICT of North Andover, extended school day o
(after school) trips, summer school, out-of-district athletic and field trips, with the North
Andover Public Schools having priority use of the vehicles in the bus fleet to meet all the
transportation as described in accordance with the Invitation for Bids, Specifications, and the
Bid. The Invitation for Bid, the Specifications, the Bid, all required Certifications, all Insurance
Binders, and the Schedule of Minimum Wage Rates, are incorporated herein and made a part of
this CONTRACT.
The CONTRACTOR will report to the Assistant Superintendent for Finance &
Operations/School Business Administrator.
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The Contract Period will commence on July 1, 2023 and terminating June 30,2026,and there
shall be two additional option years from July 2026 to June 30,2027,and July 2027 to June 30,
2028. Any extensions of time must be by written NOTICE per paragraph 27 from the
DISTRICT,and are at the sole discretion of the DISTRICT.
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Total payments under this CONTRACT shall not exceed$937,203.00 DOLLARS for the initial
three years of this CONTRACT. This Contract is expressly subject to and contingent upon an
appropriation of funds.
Payment under this Agreement shall not exceed the sum of$305,900.50 AND 00/100 ($.00)
DOLLARS for the period commencing July 1,2023 and terminating June 30,2024; the sum of
$308,794.40 AND 00/100 ($.00) DOLLARS for the period commencing July 1, 2024 and
terminating June 30,2025; and the sum of$322,508.10 AND 00/100($.00)DOLLARS for the
period commencing July 1,2025 and terminating June 30,2026. The optional year four(4)and
year (5) contract extensions shall be exercised at the sole discretion of the DISTRICT. Two(2)
one-year options to extend the contract commencing July 1,2026 in the amount of$.00 and July
1,2027 in the amount of$.00 shall be at the sole option of the DISTRICT.
The DISTRICT agrees to use best efforts to pay for services within thirty(30)days of receiving
an invoice, so long as all services provided are sufficiently detailed in the invoice, and that the
invoice has filed with the contracting department. Any payment under this Contract shall not
constitute or be deemed a waiver,relinquishment,release, or abandonment of any claim which
the DISTRICT may have against the CONTRACTOR for breach of this Contract.
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The CONTRACTOR agrees that no obligation shall be considered to have incurred under this
CONTRACT unless and until a purchase order shall have been duly issued and approved.And
further,that the obligation incurred shall be limited to the amount set forth in purchase order or
purchase orders duly issued and approved
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The CONTRACTOR states that it is qualified, and is in all relevant aspects,in good standing. a
The CONTRACTOR certifies that performance under this Contract will meet ethical business a
standards and good stewardship of taxpayer and public funding to prevent waste or abuse. p
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The CONTRACTOR shall at all times during the Contract maintain in full force and effect
Employer's Liability, Worker's Compensation (MOL c.152), Public Liability, and Property
Damage Insurance, including contractual liability coverage. All insurance shall be for policy
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or other evidence satisfactory to the DISTRICT. The certificates shall contain the following
express obligations: "In the event of cancellation or material change in a policy affecting the
certificate holder,thirty(30)days prior written notice will be given the certificate holder.Where
notice is not provided by CONTRACTOR's insurer, the notice will be provided by the
CONTRACTOR."The DISTRICT shall be named as an additional insured under each policy or
policies,except Workers'Compensation.
For the purpose of the Contract,the CONTRACTOR shall carry the following types of insurance
in at least the limits specified below.
Workers'Compensation—the required statutory amount
Employer's Liability—$500,000
Bodily Injury&Property Damage Liability Except Automobile—$500,000
Automobile Bodily Injury&Property Damage Liability—$1,000,000 combined single limit for
each accident.
Excess Umbrella Liability—$5,000,000 for each occurrence
This coverage shall include an endorsement for abuse and molestation, including coverage for
negligence arising from employment,training,supervision,investigation and reporting in regard
to incidents of abuse and molestation.
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It is finther agreed by the CONTRACTOR that,in the event the DISTRICT is sued in a court of
law or equity,or demand is made upon the DISTRICT for payment of any damages arising out
of the CONTRACTOR'S performance or nonperformance of this Contract, then the
CONTRACTOR,without reservation,shall indemnify and hold harmless the DISTRICT against
any and all claims arising out of the CONTRACTOR'S performance or nonperformance of the
CONTRACT.
To the full extent permitted by law, no official, employee, agent or representative of the
DISTRICT of North Andover shall be individually or personally liable on any obligation of the
DISTRICT under this Contract.
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Any changes with respect to routes,stops or schedules or any instructions as detailed previously
in this document which are not directly communicated to the CONTRACTOR by the DISTRICT
are not authorized by the DISTRICT and shall not be followed by the CONTRACTOR, its' G
drivers or other employees. The CONTRACTOR shall be responsible for any violation of this
paragraph including any violation by its drivers or other employees,whether or not done with the
permission or knowledge of the CONTRACTOR.
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If for any reason a vehicle(s)cannot be operated on any school day,the CONTRACTOR agrees
to provide suitable insured transportation in place thereof, without additional charge to the
DISTRICT. The CONTRACTOR further agrees to endeavor to provide a replacement vehicle
within twenty (20)minutes of receiving notice of a disabled vehicle. All replacement vehicles
shall conform to the specifications in the CONTRACTOR'S bid.
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local,which are applicable to this Contract or work with a public entity; and it is presumed that
the CONTRACTOR is cognizant thereof. Any and all proceedings or actions relating to the
subject matter herein shall be brought and maintained in the courts of the Commonwealth,which
shall have exclusive jurisdiction thereof.This paragraph shall not be construed to limit any other
legal rights of the parties.
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The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30D
and all related sections, including amendments thereto, in performing all work under this
CONTRACT,and the provisions of said sections are made a part of this CONTRACT and are to
be considered as covenants, terms and conditions hereof as though all the provisions were
specifically incorporated herein,and the provisions of the said sections shall apply even though it
may appear they are not applicable to the work of the type to be performed under this
CONTRACT.
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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 cl51, §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 c.71, §7A (Prevailing Wage),and shall be in n
force and as amended. The CONTRACTOR will, submit certified weekly payrolls to the
DISTRICT,as incorporated into the DISTRICT's advertisement for its invitation of bids,and the
wage rate schedule shall be made a part of this contract,and shall continue to be the minimum
rate or rates of wages during the life of the contract unless adjusted by the Commonwealth.The o
CONTRACTOR shall cause a copy of said schedule to be kept posted in a conspicuous place
during the life of the contract.
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The CONTRACTOR shall comply with every applicable state law relative to payment of
employees, safety regulation relative to buses, and the furnishing of necessary bonds; and this
Agreement is subject to all existing statutes and ordinances affecting the municipality and its
right to contract.
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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 c151D(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.
The CONTRACTOR shall comply with all federal and state laws, rules and regulations
promoting fair employment practices or prohibiting employment discrimination and unfair labor
practices and shall not discriminate in the hiring of any applicant for employment nor shall any
qualified employee be demoted,discharged or otherwise subject to discrimination in the tenure,
position,promotional opportunities,wages,benefits or terms and conditions of their employment
because of race, color,national origin, ancestry, age, sex, religion, disability, handicap, sexual
orientation or for exercising any rights afforded by law.
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The CONTRACTOR shall give its personal attention constantly to the faithful performance of
the work and shall not assign or delegate,in whole or in part or otherwise transfer any liability,
responsibility,obligation,duty or interest under this Contract without the written approval of the
DISTRICT.
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The CONTRACT shall not be in force until the CONTRACTOR has executed and delivered to
the DISTRICT and until the DISTRICT has accepted a Performance Bond in the amount of
100%of the contract price per year.The Performance Bond shall be secured by and paid by the
CONTRACTOR and shall be subject in form and substance,to the approval of the DISTRICT.
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It is further agreed that the DISTRICT may terminate this CONTRACT without cause, upon
fourteen(14)days' written notice to the other party,sent by certified mail,to the usual place of
business of the other party. The DISTRICT may also terminate this CONTRACT at any time for
cause.To the full extent permitted by law,no official,employee, agent,or representative of the
DISTRICT shall be individually or personally liable on any obligation of the DISTRICT under
this contract.
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The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean any natural person, business, partnership,
corporation,union,committee,club or other organization,entity,or group of individuals.
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It is understood and agreed by the DISTRICT and the CONTRACTOR that a Contract
Performance Record Form must be completed on this contract by the Department Head or his
designee who is supervising this contract,and such Contract Performance Record Form must be
submitted to the DISTRICT Manager, DISTRICT Accountant, and Purchasing Agent prior to
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release of final payment under this contract.If requested by the CONTRACTOR a copy of the
Contract Performance Record Form shall be furnished to the CONTRACTOR.
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The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the
DISTRICT of North Andover have been paid in full.
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All fees for permits or licenses required for this project shall be an expense of the
CONTRACTOR.
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Notwithstanding anything in the Contract documents to the contrary,any and all payments which
the DISTRICT is required to make under this Contract shall be subject to appropriation or other
availability of funds by the DISTRICT Accountant.The DISTRICT may immediately terminate
or suspend this CONTRACT without liability on the part of the DISTRICT for damages,
penalties or other charges in the event the appropriation funding this CONTRACT is terminated
or reduced to an amount which will be insufficient to support anticipated future obligations under
this CONTRACT.
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The CONTRACTOR agrees to allow the North Andover Public Schools to conduct a C.O.R.I.
background check on the record of all drivers. The CONTRACTOR must submit a C.O.R.I.
REQUEST FORM for every licensed operator and substitute operator along with a copy of their
license on an annual basis.
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During the life of this contract,pursuant to Section 197 of Chapter 184 of the Acts of 2002,the
DISTRICT, acting through its School District, reserves the right to vote to authorize and carry
out the sale of advertising on the school buses provided by the CONTRACTOR under this p
Agreement.The CONTRACTOR hereby agrees that it shall cooperate with the School District in
carrying out this advertising program pursuant to the Act and regulations as may be promulgated. u
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This contract is only binding upon, and enforceable against the DISTRICT if. 1)the Contract is
signed by the DISTRICT Manager or her designee;2)and endorsed with approval of DISTRICT
Counsel as to form. G'
At any time during normal business hours, and as often as the DISTRICT may deem it a
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,
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invoices, materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
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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. Any Amendments to this Contract must be made in writing and
executed by all signatories to the original Contract,prior to the effective date of the amendment.
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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 DISTRICT by being sent to the Assistant
Superintendent of Schools,North Andover,566 Main Street,North Andover,Massachusetts.
IN WITNESS WHEREOF, the CONTRACTORS and the said DISTRICT OF NORTH
ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to
be affixed and these presents, together with said duplicate and triplicate, to be signed in their
name and behalf by their duly authorized officers the day and year first above written.
THE DISTRICT THE CONTRACTOR
ssistant Superintendent Company Name
Finance and Operations
Superintendent Date Si re at
APPROVED AS TO FORM
_. Print Name&Title
Town Counsel Date Federal Identi�fiication
No.
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
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CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the /YAM C/YLC
held on 3 D it was
VOTED,THAT
Ooyndas � h�grral. C �CPl►r
(Name) (Officer)
of ►V T&S �2 be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said / .�y- 12cikJ (�y ed, and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of &rn&& (� zk on its
behalf by such officer under seal of&AP-/ y7ff&X l ,shall be valid and binding upon
ODMelmu
I hereby certify that I am the clerk of the above named if K&Aq AC_ and
that is the duly elected officer as- above of said
and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(Date)
Town of North Andover School Department 1FB Page 37 of 38
Student Transportation Services
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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
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certification, the word "person" shall mean natural person, business, partnership, corporation,
committee,union,club or other organization,entity,or group of individuals.
Signature
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Print Name&Title Company Name
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CERTIFICATE OF TAX COMPLIANCE �
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b),I
authorized signatory for �
Afcant�=rName of individual
do hereby codify 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 remitting
child suppork
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Signature Date
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Town of North Andover Schoolt 11113 Page 36 of 38 am
Student Transportation Services !�
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invoices, materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
-26.
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. Any Amendments to this Contract must be made in writing and
executed by all signatories to the original Contract,prior to the effective date of the amendment.
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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 DISTRICT by being sent to the Assistant
Superintendent of Schools,North Andover,566 Main Street,North Andover,Massachusetts.
IN WITNESS WHEREOF, the CONTRACTORS and the said DISTRICT OF NORTH
ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to
be affixed and these presents, together with said duplicate and triplicate, to be signed in their
name and behalf by their duly authorized officers the day and year first above written.
THE DISTRICT THE CONTRACTOR
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_,Assistant Superintendent Company Name
Finance and Operations
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Superintendent Date Si re Vat
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APPROVED AS TO FORM
Print Name&Title
Town Counsel Date Federal Ident'ficatio �
No.
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
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CERTIFICATE OF VOTE
t a duty authorized meeting the Board of Directors of the
held on 3O it was
VOTED,THAT
Ny'ne)w "k- CA160 4;�aa�4
(Name) (Officer)
Of be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said I �h p /�Cr [ i�or�;and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of on its
behalf by such officer under seal ofi���j shall be valid and binding upon
it t
I hereby certify that I am the clerk of the above named _ and
that is the duty elected officer as° above of said
and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(Date)
Town of NorthAndover School Department 1FB Page 37 of 38
Student Transportation Services
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of penury that this bid or proposal has been made and e6�
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,union,club or other organization,entity,or group of individuals.
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" Signature Date ������
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE #
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P -scant to Chapter 62C of the Massachusetts General Laws,Section 49A(b),I
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authorized signatory for
Name of individual r
do hereby certify under the pains and penalties of penury 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 remitting `
child support.
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Signature Date
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Town
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Iae,
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ofNorth Andover School Departumat 1FB page 36 of 38 i=
Student Transportation Services ® ,}
invoices, materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
-26_
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. Any Amendments to this Contract must be made in writing and
executed by all signatories to the original Contract,prior to the effective date of the amendment.
-27-
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 DISTRICT by being sent to the Assistant
Superintendent of Schools,North Andover,566 Main Street,North Andover,Massachusetts.
IN WITNESS WHEREOF, the CONTRACTORS and the said DISTRICT OF NORTH
ANDOVER have hereto and to a duplicate and triplicate hereof,caused their corporate seats to
be affixed and these presents, together with said duplicate and triplicate, to be signed in their
name and behalf by their duly authorized officers the day and year first above written.
THE DISTRICT THE CONTRACTOR
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Z4-we7 �c - -
ssistant Superintendent Company Name
Finance and Operations W�
Superintendent Date S� ate
APPROVED AS TO FORM
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. °°. Print Name&Title
Town Counsel Date Federal Identif�.: tion
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
*Vtk jlja� �)5��
CERTIFICATE OF VOTE
At a duly authorized m_ e_eting the Board of Directors of the _ Cni C
held on 3a th it was
VOTED, THAT
Opyne.licts k- CA160
(Name) (Officer)
of 1 V g Lg ar,�j Q. be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said & �J�1dn0,d limo and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of (AD[r,�A on its
behalf by such officer under seal ofinJW W Yt#fY i 1 ,shall be valid and binding upon
I hereby certify that I am the clerk of the above named A 97&,A2 C_ and
that is the duly elected officer as- above of said
and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(Date)
Town of North Andover School Department 1FB Page 37 of 38
Student Transportation Services
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of penury that this bid or proposal has been made and
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submitted in good faith and without collusion or ftaud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee,union,club or other organization,entity, or group of individuals.
Signature Date 4R3 aa02&
Print Name&Title Company Name {{
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CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b),I
authorized signatory for t'c a7h '
Name of individual Name of contractor f �
do hereby certify under the pains and penalties of perjury that said contractor has complied with ( 1.
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 remitting ;
child support.
Signature Date ±
I,
Town of North Andover School Department 1FB Page 36 of 38 C
Student Transportation Services <<
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