HomeMy WebLinkAboutContract #: 1924 - From: 11-15-2025 To: 11-15-2027 - Paradise Lawn Care Corporation - DPW CONTRACT NO. _`
VENDOR N0, A(e O
SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this day of 2025,by and betweenYCkOej-e—LCtW
a domestic profit corporation duly authorized by law and having a principal place of business at
1 V-9-,Ao;,-a Cute kk ,yw�� 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:
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The CONTRACTOR agrees that it will provide Snow and Ice Removal Services as described in accordance
with the Specifications. The Specifications, all required Certifications, all Insurance Binders, and the
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.
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The Contract Period will commence on November 15, 2025 and terminating November 15, 2027. Any
extensions of time must be by written NOTICE per paragraph 27 from the TOWN, and are at the sole
discretion of the TOWN.
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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.
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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.
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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 (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 types/amounts of insurance as specified
in the attachment,Supplement "S" Insurance.
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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.
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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 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.
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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 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 Commonwealth.The 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 will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.15113 (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.
-11-
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.
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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.
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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 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 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.
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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.
-16-
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.
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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.
-18-
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.
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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 TOWN by being sent to the Town Manager, North Andover Town Hall at 120 Main
Street, North Andover, Essex County, Commonwealth of Massachusetts.
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The Contractor will be compensated based on the actual hours worked which will includes a 4 hour minimum per
call in at the specified rate(s)for the equipment provided as presented in the attachment Plow Rates.
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 j
3y y" &SM
Melissa Murphy-Rodrigues
Town Manager, North Andover Fed.I.D.or Social Security No.
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
CLo
Christine P. O'Connor
Town Counsel Department Head
A�A
` To AccIUntant
Date: �.� �.`�
SUPPLEMENT "S" (INSURANCE)
5. 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.Automobile Liability Coverage, including coverage for owned, hired, or borrowed
vehicles with limits of at least$250,000 per person, and $500,000 per accident.
5.3.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.
5.4.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, defined and save harmless the Town, its officers,
agents and employees, from and against any and all damages, liabilities, action,
suits, proceedings, claim, demands, losses, costs, expenses, recoveries and
judgments of every nature and description (including reasonable attorneys' fees)
brought or recovered against them that may rise 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 wither or not it is caused in part by any
party indemnified hereunder. The Contractor further agrees to reimburse the Town
for damage to its property caused by the Contractor, its employees, agents,
subcontractors or material men, and anyone directly or indirectly employed by any of
them or anyone for whose acts 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.
CERTIFICATE OF VOTE
(to be filed if Contractor is a Corporation)
At a duly authorized meeting, the Board of Directors of the 'tayoJise LCk1--)YN C2PtX,--
'Company Name)
held on it was
(Date of Meeting)
VOTED THAT
A6A Gliu&�� WY\ley
(Name of Appointee) (Title)
of Pay-cj,Sc L,4 VN Cave ('2KP.be and herby is authorized to execute contracts and bonds in the
(Company Name)
name and on behalf of said eCAY4J%S� L-:,Lw vA CCA Ye Gy?. and affix its corporate seal hereto; and
(Company Name)
such execution of any contract or obligation in the name of clycu Lyle (AwA Caw (-a'K on its
(Company Name)
behalf by such officer under seal of �—nvckcpl to (Avc W., shall be valid and binding
!Company Name)
upon PArc cA Se- 1-4w in 6:Av,-Ccje
(Company Name)
I herby certify that I am the Clerk of the above named PaLvdi v wv\ (fAvc Coy and
,'Company Name)
that Y%j Aid" 6110641� is the duly elected officer as above of said
(Name of Appointee)
�CAYCA L *AVWI 6-6\0e and that the above vote has not been amended or rescinded and
(Company Name)
remains in full force and effect as of the date of this contract.
tt C1
L Date) (Clerk of Company)
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, union, club, or other organization, entity, or group of individuals.
Signature V' Date
p r
�AY. CJU��� hvu��t ''owre;� �e��G t S-e- (mow V\ CCArc E Y�O
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
i �'�a�� (n�1y�1S V► , authorized signatory forYA��
Printed 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
remitting child support.
ignature Date
STANDARD FORM WAIVER
GOVERNING
ALCOHOL AND CONTROLLED SUBSTANCE USE AND TESTING POLICY
FOR SAFETY SENSITIVE DRIVERS AND INDEPENDENT CONTRACTORS
AND SUBCONTRACTORS
The undersigned herby agrees, as condition precedent to engaging in Snow Plowing Services
for the Town of North Andover (the "Town"), to indemnify, defend and hold harmless the Town,
its agents, servants and employees, from and against any claim, loss, damage, liability or
expense of any kind of nature arising from or resulting from or related to the alleged failure to
comply with the alcohol and controlled substance use and testing requirements of the
Commercial Motor Vehicle Safety Act of 1986, as enacted, and the Omnibus Transportation
Employee Testing Act of 1991, as enacted and regulations promulgated there under
(collectively "the Acts"). Further the undersigned hereby agrees to undertake full compliance
with the Acts and shall reimburse the Town for any damage resulting from a failure to comply
with the Acts.
fir%S .emu G► ()-4 61 JCe_v`v-2A ovVe-
Printed Name of Contractor Address of Contractor
Signature of Contractor
WORKER'S COMPENSATION STATEMENT
(only if applicable—you do not have worker's compensation insurance)
I, 4 ��►U"`��^ the owner and operator of �tA-YaC91 5r LAuh
(Printed Name of Owner) (Company Name)
located in A 4veYh A MA have no employees and am thus not required to
(City where Co. is located)
maintain Worker's Compensation Insurance.
1 accept full medical responsibility for any injury I sustain while performing work for the Town of
North Andover a n independent contractor during the term of this Contract.
Signature b6n k L1 Title