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HomeMy WebLinkAboutContract #: 2028 - From: 10-14-2026 To: 11-15-2027 - Eastern Minerals - DPW CONTRACT NO. VENDOR NO. 7352 CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES/SERVICES THIS CONTRACT made and entered into this 14 day of October, 2026, by and between Eastern Minerals Inc, a domestic profit corporation duly authorized by law and having a principal place of business at 134 Middle St, STE 210, Lowell MA 01852, hereinafter called "VENDOR". 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 TOWN issued its Invitation for Bids dated 10/8/26 for Rock Salt, and; WHEREAS, the TOWN has accepted the VENDOR'S proposal subject to the conditions and agreements herein contained; NOW,THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The VENDOR agrees that it will provide Rock Salt 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 if applicable,the Schedule of Minimum Wage Rates, are incorporated herein and made a part of this CONTRACT. The VENDOR will report to the signatory Department Head of this CONTRACT. -2- The Contract Period will commence on October 14, 2026 and terminating November 15, 2027. Any extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the sole discretion of the TOWN. -3- Total payments under this CONTRACT shall not exceed $78.00/ton. This Contract is expressly subject to and contingent upon an appropriation of funds. ' 3 1 I� -4- i 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 been 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 VENDOR for breach of this Contract. E -5- l The VENDOR 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- E The VENDOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse, i i -7- I It is further agreed by the VENDOR 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 VENDOR'S performance or non-performance of this Contract, then the VENDOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the VENDOR'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 f this Contract. -9- l 4 This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and E local, which are applicable to this Contract or work with a public entity; and it is presumed that the VENDOR 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. i -10- i 1 2 i I i y f i • 3� The VENDOR 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 i 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. i The VENDOR 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. i The VENDOR 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. -12- The VENDOR 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. -13- 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. -14- 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. -15- 3 The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of - 3 North Andover have been paid in full. -16- I 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. i 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 VENDOR for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, j payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -17- i 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. -18- 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 VENDOR 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 Nall at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. i 1 i I i I 4 i i i IN WITNESS WHEREOF, the VENDOR 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: VENDOR pastern Min ,raJLA Inc. p By Melissa Murphy-Rodrigues Printe name: gonna GC Capillo Town Manager, North Andover Title: Assistant C or e Se retary APPROVED AS TO FORM: TOWN OF NORTH ANDOVER NiO Christine P. O'Connor Town Counsel Department Head Jt� 2At�% ICy Wfn e To n ountant Date:. 5 CEIRTIFI!LATIONS 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. Signature: Date: October 21, 2026 Donna G. Capillo, Assistant Corprorate er Eastn Minerals Inc. Print Name&Title Secretary Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Donna G. Capillo authorized signatory for Eastern Minerals Inc. 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. October 21 , 2026 Signature I Date Donna G. Capillo, Assistant Corporate Secretary 6 Certificate of Authorization -(NOTE: A certified vote of the corporation may be substituted for this form.) The Vendor, Eastern Minerals Inc. is: (CHECK ONE) (Name of Conipatiy/Cotisultant/Corporation) X A. a corporation formed and existing under the laws of the state of MASSAClIUSFTT,q ,and pursuant to the corporate by-laws, LCorporate Secretary (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 agrreement, (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 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 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) Teresa Kell, y_ Print Name of Above Vice President Title Date: October 21 , 2026 7 �1 EASTMIN-01 NFOWLE ACORO' DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 8/13/2026 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER License#1780862 c &CT Courtney O'Brien HUB International New England PHONE FAX 300 Ballardvale Street WC,No,Ett:(976 661-6667 (ruc,Na): Wilmington,MA 01887 E;M%q.,courtney.obrien@hubintemational.com INSURER IS)AFFORDING COVERAGE NAIC p INSURER A:Travelers Casualty and Sure Co;;pany 1903E INSURED INSURERB:American Lon shore Mutual Assn Eastern Salt Co.,Inc.eta[ INSURER C:Navigators Insurance Company 42307 134 Middle Street INSURERn:lllinois Union Insurance Company 27960 Lowell,MA O1852 INSURER E 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 SU13JECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUUBINSD rDR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRA X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X]OCCUR X OL-61 Mfi4165 811512026 3131/2027 DAMAGE TO RENTEDREMISFS $ 100,000 MED EXP(Any one erson $ 10,000 PERSONAL&AOV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC. PRODUCTS-COMPIOPAGG S 2,000,000 OTHER: JEE BENEFITS AGG $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT.cidnll $ 1,000,000 X ANY AUTO BA-3N649994-26-43-G 811512026 3/3112027 BODILY INJURY Per arson S OWNED SCHEDULED AIURRTEEO��S ONLY AUOOT��OSyW�yNNEEpp BODILY INJURY Per accident $ O SONLY AUTO�ONLY 08�R�t AMAGE S $ A X UMBRELLA LIAR M OCCUR EACH OCCURRENCE $ 10,o00,000 EXCESSLIAB CLAIMS-MADE OB-41MB3081 8115/2026 313112027 AGGREGATE $ 10,000,000 DEC) I X I RETENTION$ 25,006 S B WORKERS COMPENSATION X PT R OTH- AND EMPLOYERS'LIABILITY YIN 202601-09-00-71-2Y 711/2026 71112027 1,000,000 ANY PROPREIIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT S W.FICatorylnNH�EXCLUDED? N NIA 1,000,000 E.L.DISEASE-EA EMPLOYE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Bumbershoot MY25LIAZOEZ7801 8115/2026 3131/2027 Per Occurence 5,000,000 D Pollution Liability PPL G724986677 002 12/15/2023 12/16/2026 Occurrence/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) USL&HILongshore Workers Compensation coverage carried for the term of 7/1/2026 through 711/2029 with Manufacturers Alliance Insurance Company-Policy #ALMAO1789-07. Limits carried:$1M Each Accident!$lM Disease-Policy Llmitl$1M Disease-Each Employee. Special Conditions: Bumbershoot Limit$10,000,000 Quota Share Split First Layer Bumbershoot:Policy#ZOB-41M63081 50%Travelers First Layer Bumbershoot Policy#ATADCQKC001 50%Liberty Mutual Insurance Company SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street North Andover,MA 01845 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:EASTMIN-01 NFOWLER LOC#: 1 A O' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#178a862 NAMED INSURED England Eastern Salt Co.,Inc.ot.al HUB International New En g 134 Middle Street POLICY NUMBER Lowell,MA 01852 SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTAIE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of OperationslLocationsNehicles: Excess Bumbershoot Limit$5,000,000 Quota Share Split Second Layer Bumbershoot Policy#NY25LIAZOEZ7801 50%Navigators Insurance Company Second Layer Bumbershoot Policy#SMCZ18731AAA 50%Samsung Fire&Marine Insurance Company Limited Commercial Auto Hired Physical Damage-$1,000 deductible,ACV,Blanket A[for short term leaseslrentals NAMED INSUREDS (Continued): Eastern Minerals,Inc., Atlantic Salt Inc. Regal Estates,LLC Shepagan,Inc. Rock Chapel Marine,LLC Seagull's Auto Salvage,Inc. Mahoney Marine Terminal, LLC Creekside Parking,Inc. Granite State Minerals,Inc. Oceanport,LLC OSLO Shipping,LLC 201 Rover Street,LLC Rollins Farm River Terminal, LLC 257 Chelsea Creek,LLC 15 Kill Van Kull,LLC Town of North Andover is included as additional insured,per policy provisions,if requirement is contained in written contract with the named Insured and executed prior to a loss/claimlincidenL ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD