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HomeMy WebLinkAboutContract #: 2012 - From: 08-10-2026 To: 06-30-2027 - Pro-Turf - School CONTRACT NO. ` D VENDOR NO. 11947 SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 6th day of August 2026, by and between Pro-Tu Landscaping, a domestic profit corporation duly authorized by law and having a principal place of business at 57 Martin Street, Essex, MA, hereinafter called "CONTRACTOR", and the and the North Andover Public Schools, ("Schools) a municipal corporation duly established by law and located at 566 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. - WHEREAS, the SCHOOLS issued its Request for Quotes dated July 28, 2026 for Athletics Field Lining and markings for Fiscal year 2027 and; 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 SCHOOLS 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 athletic field lining and markings as described in accordance with the Request for Quotes.The Request for Quotes, 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 August 10, 2026 and terminating June 30, 2027. Any extensions of time must be by written NOTICE per paragraph 21 from the SCHOOLS, and are at the sole discretion of the SCHOOLS. -3- Total payments under this CONTRACT shall riot exceed thirty four thousand dollars ($34,000) DOLLARS.This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The SCHOOLS 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 thatthe 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 SCHOOLS 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. -5- 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 SCHOOLS with certificate(s) of insurance or other evidence satisfactory to the SCHOOLS.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 molder. Where notice is not provided by CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR." The SCHOOLS 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 2 Automobile Bodily Injury&Property Damage Liability—$1,000,000 combined single limit for each accident. Excess Umbrella Liability—$1,000,000 for each occurrence _g- It is further agreed by the CONTRACTOR that, in the event the SCHOOLS is sued in a court of law or equity, or demand is made upon the SCHOOLS 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 SCHOOLS of North Andover shall be individually or personally liable on any obligation of the SCHOOLS 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 3 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. -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.151B (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 SCHOOLS 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 SCHOOLS 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- 4 It is understood and agreed by the SCHOOLS 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. -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 SCHOOLS 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 SCHOOLS if: 1) the Contract is signed by the Superintendent of Schools 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 SCHOOLS 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. 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M1 1 �'�� '✓� IH, ��,.hll✓ )� � ✓ Ord P ) I,��11✓"0� r ��rr`!ra U r v � „� r�, y��� J '��ia',(k a 6,✓ �,✓`t 2 , ^ r'� "-<,AI� ✓'r,���✓%„'✓,>�✓; I ��,`ff��� r� ; � I�` ,,; i r 9 � �p�✓; �t�rk V� �� � 'y.�� � n�1"��r,�'C i i ,�',' I. ���, ���� �' ° r✓,r� r7 � � � �� � � ,oil' ✓ �� � r � I✓' � I ir" � � I u rQ� Y�rldy�iJ �i, I � " ref � � r �r�k� '>?�� � t�l✓ i1 � � �l"'+�� u ✓( i r b� i https://mail,google.con,riiriail/u/0/#search/bror indy67'✓�40gmaii.co n'?projector=l 1f1 8117/26,9:44AM IMG 8910.jpg CERTIFICATIONS . CERTIFICATE aF NON-COLLUSION The undersigned:certifies under penalties of penury 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, Signatum0)41 Aew - &W Date' i Print Name.&Title 'Company Naive. CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b),I ONM authorized signatory for ,P1► '��4�/', '' Name of individual Name of contractor do hereby certify under the pains and penalties,of;perjury that.said coritractor 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 childupport Signature 40r, Da 7 hops:/!mail.google.com/mail/ulo/#inbox?projector1 11i 8117/26,9:44 AM IMG_8911 jpg Certificate of Authorization (NOTE: A certified vote of the corporation may be'substituted for this`fnrm. The Vendor, .�.. is: (CHECK ONE) (Name of Company/Consultant/Corporation) A. a corporation formed and existing undter'the:l.aws of the state of and pursuant to the corporate,-by-laws, (Insert Name and Title of Authorized Representative) V. authorized to execute contracts'in:the named said:corporation.; uch.execution.of any contract or.obligation in this corporation's name omits behalf by such duly authorized ` individual shall be valid and binding upon the corporation. B.a limited.liability company ora parinership',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 Us company or partnership's name on its behalf by such-duly authorized individual shall be valid and binding uponthecompany or, partnership: C. is a sole proprietorship owned an operated exclusively by the undersigned. (Insert'Name'and 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) s https:/Imall.geogle.com/mail/u/o/#inbox?projectorl 111 ACORD0 DATE(MMIDDIVYYYI CERTIFICATE OF LIABILITY INSURANCE 0810712026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may requlre an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER COMTACT Scott Brockelman Brockelman Agency PHONE 978 887-8304 FAIC.AX 978 208 4716 5 Central St ESL ADDRESS- Scott.Breckelman meNcan-National.com INSURER(SI AFFORDING COVERAGE NAIC# To sfieid MA 01983 INSURER A: Argonaut Insurance Company INSURED INSURER B. Brent Roundy INSURER C: DBA Pro Turf North INSURER D: 57 Martin Street INSURER E: Essex MA 01929 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUBR POLICY EFF POLICY EXP POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR -PRE S S oecurte ce $ 100,OOD MED I ono $ 5,000 A X Select Business Package X 2005XO296 08/22/2026 0812212027 PERsoNALSADvrNJuRY $ 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑JECTT LOG PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COEe eoddMBIernNED SINGLE LIMIT $ ANYALITO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per amldent) $ AUTOS UTOS NON-OWNED PROPERTYDAMAGE $ HfREDAUTOS AUTOS er accident) $ X UMBRELLALUIS X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESSL1AB CLAIMS44ADE X 2001E1251 0812M026 08/22/2027 AGGREGATE $ 2,000.000 DEb I I RETENnON $ WORKERS COMPENSATION X STATUTE OETH- AND EMPLOYERS'L LABILITY ANY PROPMETORIPARTNERIEEXECUMVE YIN E.L EACH ACCIDENT $ 1,000,000 A OFFICERIMEMBER EXCLUDED? F-Y NIA 2001 W9829 04/0912026 04/09/2027 (Mandatory In NH) E,LDisEAsE-EAwpLoyu $ 1.000.000 If yYeess describe under DESCRIPTIONOF OPERATIONS below E.LDISEASE-POLICY LIMIT $ 1,000,000 Brent RGundy is excluded from WC coverage DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddlUonat Remarks Schedule,may be attached If more space Is requtrod) Landscape Gardening,Snow$Ice Removal-Commercial JOB:ATHLETIC FIELD STRIPING TOWN OF NORTH ANDOVER IS NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION TOWN OF NORTH ANDOVER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DEPT OF PUBLIC WORKS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 384 OSGOOD STREET ACCORDANCE WITH THE POLICY PROVISIONS. NORTH ANDOVER,MA 01845 AUTHORED REPRESENTATIVE Fax: Email: ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD