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HomeMy WebLinkAboutContract #: 1922 - From: 11-15-2025 To: 11-15-2027 - Borzczek Septic and Drain, Inc. - DPW CONTRACT NO. I �(� � VENDOR NO. 26294 SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 17th day of November, 2025, by and between Rabih El-Boustany having a principal place of business at 144 Rocky Brook Road, North Andover, Massachusetts, 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: -I- 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. -2- The Contract Period will commence on November 15,2024 and terminating November 15,2026. Any extensions of time must be by written NOTICE per paragraph 27 from the TOWN, and are at the sole discretion of the TOWN. -3- 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. 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. -5- 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. -6- 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. -7- 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. -8- 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. -9- 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. -10- 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.1516 (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. -12- 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. -13- 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. -14- 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. -15- 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. -17- 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. -19- 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. -20- 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 By. Melissa Murphy-Rodrigues Town Manager, North Andover Fed.I.D. or Social Security No. APPROVED AS TO FORM: TO F NORT AND— (�Mlc*t P Christine P. O'Connor Town Counsel Department Head Lk Date: To n A ountant �� �- � 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. O/Aignature Date 2i)Mc-gt-__ &2LIf L�r, �ra I' Print Name &Title Company Name N CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I S ` ` , authorized signatory for °° ,dK bra 42nol. Printed name of Individual Name of 6ontractor 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. mature 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. ekfL t " ... . Printed Name of Contractor Address df Contractor Signature of Contractor Boraczek SepticDrain,and In c. 4 Hazel Drive Hampstead, NH 03841 (603)329-6005 boraczeksseptic(@gmaii.com CERTIFICATE OF AUTHORITY James T. Boraczek is President of Boraczek Septic and Drain, Inc. James T. Boraczek has full authority to sign for Boraczek Septic and Drain, Inc. in any capacity. I hereby further certify and acknowledge that the Town of North Andover, Division of Public Works will rely on this certification as evidence that James T. Boraczek has full authority to bind Boraczek Septic and Drain, Inc. and that no corporate resolution, shareholder vote or other document or action is necessary to grant such authority. ll I � - Johnna M. Hoover/Secretary Date On this L�_ day of ,Ieg6r , 20 before me, �l Aver 4 K`�;personally appeared who acknowledged herself to be the Secretary of Boraczek Septic and Drai n .. My Commission Expires I Zo otary Public/J tice of the Peace JOHN A MCCONNELL Notary Public-New Hampshire My Commission Expires Jul 14,2026