HomeMy WebLinkAboutContract #: 1772 - From: 09-01-2024 To: 08-30-2026 - Anthony LoRe - Health CONTRACT NO. f 3
VENDOR NO. 24279
SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this_day of August, 2024, by and between Anthony
LoRe, Jr., and having a principal place of business at 21 Strawberry Lane, North Reading,
Massachusetts 01864, hereinafter called "CONTRACTOR", and the and the TOWN of North
Andover, ("TOWN") a municipal corporation duly established by law and located at 120 Main
Street, North Andover, Essex County, Commonwealth of Massachusetts.
WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to
perform the services requested by the TOWN; and
WHEREAS, the TOWN has accepted the CONTRACTOR'S proposal subject to the conditions and
agreements herein contained;
NOW, THEREFORE, IT IS AGREED by and between the Parties as follows:
-1-
The CONTRACTOR agrees that it will provide environmental monitoring of Wheelabrator North
Andover as described in accordance with the scope of services.The Scope of Services,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 signatory Department Head of this CONTRACT.
-2-
The Contract Period will commence on September 1, 2024 and terminating August 30, 2026. Any
extensions of time must be by written NOTICE per paragraph 21 from the TOWN, and are at the
sole discretion of the TOWN.
-3-
Total payments under this CONTRACT shall not exceed Thirty-Three Thousand and Nine-Hundred
($33,900) Dollars. The Year 1 price shall be Sixteen Thousand and Six-Hundred ($16,600) Dollars
and the Year 2 price shall be Seventeen Thousand and Three-Hundred ($17,300) Dollars. This
Contract is expressly subject to and contingent upon an appropriation of funds.
-4-
r
The TOWN 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 TOWN
may have against the CONTRACTOR for breach of this Contract.
-5-
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.
-6-
The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing. The
CONTRACTOR certifies that performance under this Contract will meet ethical business standards
and good stewardship of taxpayer and public funding to prevent waste or abuse.
-7-
The CONTRACTOR shall at all times during the Contract maintain in full force and effect
Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage
Insurance, including contractual liability coverage. All insurance shall be for policy limits
acceptable to the TOWN; 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); and before commencement of work
hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s)of insurance or other
evidence satisfactory to the TOWN. 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
TOWN 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.
2
Excess Umbrella Liability—$1,000,000 for each occurrence
-8-
It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR,
without reservation, shall indemnify and hold harmless the TOWN against any and all claims
arising out of the CONTRACTOR'S performance or non-performance of the CONTRACT.
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.
-9-
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.
-10-
The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30B 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.
-11-
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 c.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, if applicable,
comply with the wage rates as determined by the Commissioner of the Department of Labor and
Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force
and as amended. The CONTRACTOR will, if applicable, submit certified weekly payrolls to the
TOWN in accordance with MGL c.151, §1, et seq. The wage rate schedule attached to the bid or
solicitation 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 as updated yearly unless adjusted by the
3
Commonwealth. The CONTRACTOR shall cause a copy of said schedule to be kept posted in a
conspicuous place during the life of the contract.
-12-
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 c.151I3 (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.
-13-
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
TOWN.
-14-
It is further agreed that the TOWN 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 TOWN may also terminate this CONTRACT at any time for cause.
-15-
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.
-16-
It is understood and agreed by the TOWN 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
4
the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to 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.
-17-
The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN
of North Andover have been paid in full.
-18-
All fees for TOWN permits or licenses required for these services shall be waived, but any
additional fees for licenses and permits shall be the responsibility of the CONTRACTOR.
-19-
This contract is only binding upon,and enforceable against the TOWN if: 1)the Contract is signed
by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to
form.
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.
-20-
This instrument, 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.
-21-
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 by being sent to the Town
Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County,
Commonwealth of Massachusetts.
5
IN WITNESS WHEREOF,the CONTRACTORS and the said TOWN 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.
APPROVED: CONTRACTORS
Y
Melissa Murphy-Rodrigues
Town Manager, North Andover Fed.I.D. or Social Security No.
xxx - xX -- 3811
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
cjm�&P. (j�
Christine P. O'Connor
Town Counsel Department Head
Y, �_ m,('A',,), 01% —
Ky ar e
T n countant
Date: � 2
6
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our 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, union, club or other organization, entity, or group of individuals.
m�
Signature: I � �� Date: I� I
Ar .1VV Lo
Print nN & Title Company N
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
Aofiw� ���`�"M - Ar M., authorized signatory for
Name of in ividual ' ame 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 remitting
child support.
a144, M, /,�, ') 812ZI2q
Signature Date
7
Certificate of Authorization
(NOTE: A certified vote of the corporation may be substituted for this form.)
The Vendor, A� �` ,-, W�e ��; is: (CHECK ONE)
(Name of Co y/Consultant/Corporation)
A. a corporation formed and existing under the laws of the state of
,and pursuant to the corporate by-laws,
(Insert Name and Title of Authorized Representative)
is authorized to execute contracts in the name of said corporation. Such execution of any contract
or obligation in this corporation's name on its behalf by such duly authorized individual shall be
valid and binding upon the corporation.
B. a limited liability company or a partnership formed and existing under the
laws of the state of ,and pursuant to the limited liability company
agreement or partnership agreement,
(Insert Name and Title of Authorized Representative)
is authorized to execute contracts in the name of said company or partnership. Such execution of
any contract or obligation in this company or partnership's name on its behalf by such duly
J authorized individual shall be valid and binding upon the company or partnership.
C. is a sole proprietorship owned an operated exclusively by the undersigned.
(Insert Name an Title of Authorized Representative)
Execution of any contract or obligation in this sole proprietorship's name by such duly authorized
individual shall be valid and binding. "
Signature:
(Must be signed by Corporate Officer,Partner, or Sole
Proprietor)
A*n
Print Name of Above
oLtiq-t&c
Title
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Date
8
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CC>R"� CERTIFICATE OF LIABILITY
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THIS CERTIFICATE IIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO IMGHTS UPON THE CERTIFICATE IHOLDER.THIS
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BELOW. "i-HIS CERTIFICATE OF INSURANCE DOES NOT CONST11TUTE A CONTRACT BETWEEN THE ISSU11N MSURER(S),AUTHORIZED
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CERTIFICATE HOLDER CANCELLATION
SHOW AIRY OFTHIIE ABOVE DESCRIISED POI...ICIIES BE CAINCEILILED BEFORE
THE EXP11RATIOIN DA"I'E'11.4NERrY"•OF,NO-nCE Wfl...I...BE DEII..WEtl'RIIED IN
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AU71•II0RIZEC'D REPRESENTATIVE
TATIVEI
N ortth A4n d av er MA 01141;a
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