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HomeMy WebLinkAboutContract #: 800 - From: 02-04-2015 To: 12-31-2015 - Tighe & Bond, Inc - Town of North AndoverOP ID: AD CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE N"MRFR- 0o1kne1nu w uAooc. 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. DATE 09124/2 01 5Y) 09/24/2015 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Poole Professional Ltd. -TM 107 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Thomas M. Mullard CONTACT NAME: PHOE FAX IAJCNNo,Ext): AIC No -ADDRESS: PRODUCER TIGHE-1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # GENERAL LIABILITY INSURED Tighe & Bond, Inc. Engineering Services in NY provided by INSURER A: Travelers IndemnityCo. 25658 INSURER B: Charter Oak Fire Ins. Co. 25615 T&B Engineering, P.C. INSURER C : INSURER D: 53 Southampton Road Westfield, MA 01085 INSURER E: INSURER F 10/01/2015 COVERAGES CERTIFICATE N"MRFR- 0o1kne1nu w uAooc. 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 LTR TYPE OF INSURANCE ADL UBRPOLICY ManPOLICY NUMBER EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1K OCCUR X 680-531 OL272 10/01/2015 10/01/2016 DAMAGE T O RENTED- PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 X Business Owners INSURANCE IS PRIMARY PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X J CTPRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO X COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ A X SCHEDULED AUTOS BA6D975982 MA 10/01/2015 10/01/2016 PROPERTY DAMAGE (PER ACCIDENT) $ A X HIRED AUTOS BA6D980470 CT, NH 10/01/2015 10/01/2016 A X NON -OWNED AUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE X UP -7323Y492 10101/2015 10/01/2016 AGGREGATE $ 5,000,000 DEDUCTIBLE Follow $ Form $ RETENTION $ A WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) if yes, describe under N / A UB5884Y644 CT, MA, NH UB5884Y644 05/01/2015 05/01/2016 STATU- OTH- X TORY LIMITS I I ER E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Business Owners 680-531OL272 10/01/2015 10/01/2016 Valuable Papers 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) NOAN D-2 Town of North Andover Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD A TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT #am DATE: f2b oZ y, a o /s This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Tighe & Bond, Inc. Address: 53 Southampton Road Westfield, MA 01085 Telephone Number: 413-562-1600 Fax Number: 413-562-5317 1. 2. 3. This is a Contract for the procurement of the following: Engineering services, per proposal dated January 22, 2015 (attached), for preparing the 2015 (Permit Year 12) Annual Stormwater Report required by the E.P.A. and providing additional as -needed support to address remediation of the Notice of Violation No. 2013-NOV-04 The Contract price to be paid to the Contractor by the Town of North Andover is: Task 1— preparation of report Task 2 — as -need support Payment will be made as follows: $5,000 amount not to exceed $4,950 Upon completion of services and receipt of invoice (net 30) Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described deliverables or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of deliverables and certification of acceptable (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 1 performance for services by authorized representatives of the Town to insure that the deliverables or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, Request for Qualifications, Scope of Services, and all Addenda. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of this Contract is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies, Materials or other Deliverables. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before December 31, 2015, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 2 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination: a. Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. b. For Cause. If the Contractor is determined by the Town to be in default of any term or condition of Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. C. Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of federal and/or state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 3 have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. General Laws Chapter 7, Sections 38A % - O: Designer Selection 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and Towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 4 decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 10.5 If changes in the law occur during the term of the contract which require a change in the scope of services, the parties may negotiate an amendment to the Contract in accordance with the provisions of Supplement "E". 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination 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 Chapter 151 B (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. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability gainst the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 5 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: 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. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent 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 whether or not it is caused in part by any party indemnified hereunder. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 6 The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. A hard copy and an electronic copy (if requested by the Town) of Contractor's drawings, plans, specifications and other similar documents, whether in written, graphic or electronic form, shall be delivered to the Town. If there is a discrepancy between the electronic files and the hard copies, the hard copies shall govern. The Town shall have unlimited rights, for the benefit of the Town, in all drawings, designs, specifications, notes and other work developed in the performance of this contract including the right to use same on any other Town projects without additional cost to the Town; and with respect thereto the Contractor agrees and hereby grants to the Town an irrevocable royalty -free license to all such data which the Contractor may cover by copyright and to all designs as to which it may assert any rights or establish any claim under any patent or copyright laws. The Contractor shall not be responsible for changes made in the documents by others without the Contractor's authorization, nor for the Town's use of the document on projects other than the project which is the subject of this Contract, unless this is a contract for design services for a master plan or prototype. 21. Audit, Inspection and Recordkeeping 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. 22. Pam The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. (Rev 20 10) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 7 6 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices 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 of North Andover by being sent to the Town Manager, Town Hall, 120 main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor).. 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. (Rev 20 10) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 8 m 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of- [ X ] ENGINEERING/DESIGN SUPPLEMENT "E" — Applicable to Contracts for Professional Engineering Services (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 9 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN -"� V/1� 1-'--1 1-1\ -� Divislori/Department Head To Manager Date THE CONTRACTOR Company Name 11--� -- Signature Date /, dc% �1. /3rvwli V 'ce ?redder Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: i l TowAJX4untant Date (Rev 20 10) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover and Tighe & Bonds, Inc., which Contract is a contract for the procurement of engineering services. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 2. Contract Amendments: Any change in the scope of services or contract price shall be made only by a written contract amendment executed by the Town and the Contractor. 3. Minimum Wage: 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 Chapter 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. 4. Insurance: The Contractor shall obtain and maintain the following insurance: 4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 4.2 Broad Form commercial general liability insurance with limits of at least $1 Million per occurrence and $2 Million aggregate, or such other amount as the Town may require, and which shall cover bodily injury, death, or property damage arising out of the work. 4.3 Automobile Liability Insurance, including coverage for owned, hired or borrowed vehicles with limits of at least $1 M each person/each occurrence or a combined single limit of $1 Million. 4.4 Professional liability insurance covering errors, omissions and acts of the Contractor or of any person or business entity for whose performance the Contractor is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minima n equal one million dollars or such larger amounts as the Town may require for the applicable period of limitations. The Contractor shall obtain such insurance coverage at its own expense and provide certificates of insurance to the Town prior to the execution of the Contract. 4.5 The intent of the Contract provisions 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. (Rev 2010) Contract by and between the Town of North Andover and Tighe & Bond, Inc. I Page 11 4.6 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. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this agreement. 4.7 The Town shall be named as an additional insured on the above- referenced liability policies and the Contractor's insurance coverage shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 5. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent 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 whether or not it is caused in part by any party indemnified hereunder. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO 'ntanf TOWN OF NORTH ANDOVER Z � ��, - -/ & , 00- T n Manager Division/Department Head THE CONTRACTOR: (Rev 20 10) Contract by and between the Town of North Andover and Tighe & Bond, Inc. Page 12 N-1093-0-035 January 22, 2015 Mr. Eugene P. Willis, RE Director of Engineering Town of North Andover, Division of Public Works 384 Osgood Street North Andover, MA 01845 RE: Proposal for Professional Engineering Services Stormwater Assistance and NOV Support Dear Gene, We are pleased to provide you with this proposal for continued assistance to the Town of North Andover in meeting the requirements of the Environmental Protection Agency's (EPA's) National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Program and as needed support to address remediation of the Notice of Violation (NOV) No. 2013-NOV-04 issued by the U.S. Environmental Protection Agency on August 7, 2013. SCOPE OF WORK Task 1: 2015 (Permit Year 12) Annual Stormwater Report Because the EPA's new MS4 General Permit is not yet final, the 2003 NPDES Small MS4 General Permit is administratively continued, and therefore EPA requires submittal of an Annual Report by May 1, 2015. Tighe & Bond will assist the Town with preparation of the required Permit Year 12 Annual Report. This task includes: • One (1) meeting with Town Staff to verify and document stormwater management activities completed during Permit Year 12. We assume Town Staff will arrange the meeting location and distribute invitations to appropriate staff. • Completion of the Towns Permit Year 12 Self -Assessment, which is an evaluation of activities completed compared to the requirements of the 2003 General Permit and an assessment of the appropriateness of Best Management Practices. • Delivery of the Annual Report to the Town for certification by the Town Manager. Pending certification, Tighe & Bond will electronically submit the report to EPA and MassDEP by the May 1, 2015 deadline. • Tighe & Bond, with the Town's assistance, will compile documentation for Permit Year 12 activities to be added to the Town's record Stormwater Management Program Record Keeping. While the May 1, 2015 submittal of the Annual Report to EPA and MassDEP is required by the 2003 General Permit, an on-time submittal does not guarantee overall program compliance in the eyes of EPA nor does it eliminate the possibility of a comprehensive compliance audit. Task 2: Additional Support to Address EPA's NOV Tighe & Bond will work with Town staff on an 'on-call' basis to further address the Notice of Violation issued by EPA on August 7, 2013. This work may include, but is not limited to, the following activities at the request of the Town: • responding to EPA's questions or comments on the most recent report submitted to EPA by the Town, 446 Main Street Worcester, MA 01608 Tel 508.754.2201 Fax 508.795.1087 9 • refining the strategy to address the NOV, • providing cost estimates for next steps, • performing additional field investigations, or • attending meetings to be coordinated by the Town associated with the requested work. Tighe & Bond may prepare agendas to be distributed prior to the meeting, sign -in sheets, and meeting minutes as necessary. FEE Tighe & Bond will perform Task 1 for a lump sum fee of $5,000, invoiced monthly based on a percentage complete. We will perform Task 2 for a not to exceed fee of $4,950, and we will undertake this work on an hourly plus expense basis and you will be billed in accordance with the attached rate schedule. The total fee for these services is $9,950. In the event that the scope of work is increased for any reason, the limiting fee to complete the work shall be mutually revised by written amendment. We look forward to assisting you with your stormwater program. Please feel free to contact me at (617) 549-7573 or Todd Brown at (413) 572-3264 should you have any questions or comments. Very truly yours, TIGHE & BOND, INC. Emily J. Scerbo, P.E. Prole Manager c e- re� Todd M. Brown, P.E. Vice President Enclosure: 2015 Rate Schedule Cc: Bruce Thibodeau, P.E., Director of Public Works 2015 FIXED HOURLY RATE SCHEDULE ENGINEERS/SCIENTISTS GIS Principal $215.00 GIS Director $165.00 Principal Engineer $165.00 Senior Development Engineer $150.00 Senior Project Manager $165.00 GIS Project Manager $120.00 Project Manager $155.00 GIS Developer 2 $95.00 Senior Engineer $155.00 GIS Developer 1 $85.00 Project Engineer $129.00 GIS Analyst 2 $110.00 Staff Engineer 3 $120.00 GIS Analyst 1 $95.00 Staff Engineer 2 $98.00 GTS Technician 2 $77.00 Staff Engineer 1 $88.00 GIS Technician 1 $67.00 Senior Planner $125.00 GIS Support $55.00 Project Planner $95.00 Planner 2 $85.00 SUPPORT Planner 1 $75.00 Remediation Technician* $81.00 Construction Services Manager $138.00 Senior Designer/Drafter $116.00 Construction Observer $100.00 Designer/Drafter* $91.00 Principal Compliance Specialist $160.00 CAD Technician $62.00 Senior Compliance Specialist $135.00 Engineering Technician* $62.00 Project Compliance Specialist $96.00 Contracts Manager $118.00 Compliance Specialist 2 $85.00 Administrative Support* $75.00 Compliance Specialist 1 $75.00 Principal Environmental Scientist $140.00 Senior Environmental Scientist $130.00 Project Environmental Scientist $105.00 Environmental Scientist 2 $81.00 Environmental Scientist 1 $73.00 EXPENSES 1. Automobile transportation expense for employee travel directly related to the project shall be invoiced at the prevailing Federal rate per vehicle mile. 2. Outside reimbursable expenses and services, which are rendered to Tighe & Bond by other than direct employees, and any permitting fees paid by Tighe & Bond on behalf of the Client, shall be invoiced at Tighe & Bond's direct cost plus 10% administrative fee. 3. Reimbursable expenses such as in-house field supplies and equipment rental, tolls and parking, overnight mailings and bulk notification mailings, and in-house printing shall be invoiced at cost or unit costs as applicable. 4. Costs for items such as regular mailings of project documents, telephone or fax communications, computer usage charges, and miscellaneous in-house printing are included in the hourly rates shown above. PROVISIONS 1. Rates are effective until January 1, 2016 at which time rates will be increased based on annual salary review. * For non -salaried personnel (noted above by an "*"), time worked in excess of eight hours in any day or forty hours per calendar week shall be invoiced at 150 percent of the above rate. 2015 OP ID: AD ACORO-DATE CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 04/21/2015 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Poole Professional Ltd. -TM 107 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Thomas M. Mullard CONTACT NAME: PHONE FAX A/c No Ext): (AIC,No): EMAIL ADDRESS: PRODUCER TIGHE-1 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC # INSURED Tighe & Bond, Inc. INSURER A: Travelers Indemnity Co. 25658 Engineering Services in NY INSURER B: Charter Oak Fire Ins. Co. 25615 provided by T&B Engineering, P.C. INSURERC X 53 Southampton Road INSURER D: 10/01/2014 Westfield, MA 01085 INSURER E: INSURER F: CLAIMS -MADE FXI OCCUR 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 LTR TYPE OF INSURANCE ADDL UB POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY X 680-531 OL272 10/01/2014 10/01/2015 DAMAGE T -RENTED PREMISES1,000,000 PREMISES Ea occurrence $ CLAIMS -MADE FXI OCCUR MED EXP (Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 X Business Owners INSURANCE IS PRIMARY GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO JECT LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ A A X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BA6D975982 MA BA6D980470 CT, NH 10/01/2014 10/01/2014 10/01/2015 10/01/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ A X NON-OWNEDAUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE X UP -7323Y492 10/01/2014 10/0112015 DEDUCTIBLE Follow $ iForm $ RETENTION $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A UB5884Y644 CT, MA, NH UB5884Y644 05/01/2014 05/01/2015 05/01/2015 05/01/2016 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Business Owners 680-531OL272 10/01/2014 10/01/2015 Valuable Papers 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The certificate holder is included as additional insured on the above indicated policies subject to all policy terms and conditions. 30 day notice of cancellation except 10 day notice for non-payment of premium. NOAND-2 Town of North Andover Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ___ �/ 94.�� ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD OP ID: AD ACOR® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1 04/14/2015 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Poole Professional Ltd. -TM 107 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Thomas M. Mullard CONTACT NAME: PHONE FAX A/C No Ext): A/c No): EMAIL ADDRESS: PRODUCER TIGHE-1 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC # INSURED Tighe & Bond, Inc. INSURER A:XL Specialty Insurance Co. 37885 Engineering Services in NY provided by T&B Engineering, P.C. INSURER B: INSURER C COMMERCIAL GENERAL LIABILITY 53 Southampton Road INSURER D: Westfield, MA 01085 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE D OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (PER ACCIDENT) $ NON -OWNED AUTOS $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- ITOR LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below 1 E.L. DISEASE - POLICY LIMIT $ A Prof., Environ. DPR9722853 04/14/2015 04/14/2016 Per Claim 3,000,000 A & Pollution Liab. RETR04/111984 DED 100,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) For professional liability coveragethe aggregate limit is the total insurance available for all covered' claims presented within the policy period. The limit will be reduced by payments of indemnity and expense. 30 day notice of cancellation except 10 day notice for non-payment of .premium. ltlaill 112lh-\I;4:Lei 11111JR"-1�UnA11AG111NL' NOAN D-2 Town of North Andover Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 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 Yam- Date 46IS Print Name & Title Compan Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I l�c� M , c-o�� , authorized signatory for 1 i etc , h C. 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. U. � 2` Signature Date OP ID: AD LA " CERTIFICATE OF LIABILITY INSURANCE 08/29120 4 i 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 teams and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme s . PRODUCER Poole Professional Ltd. -TM 107 Audubon Rd. f12, Ste. 305 Wakefield, MA 01880 Thomas M. Mallard TACT PHONE ac N.J: ADD WL P D� TIGHE-1 INSURE AFFORDING COVERAGE NAIL# INSURED Tighe &.Bond, Inc. Engineering Services in MY provided by T&B Engineering, P.C. 53 Southampton Road Westfield, MA 01085 INSURERA:TIavelers Indemnity Co. 25858 INSURER e : Charter flak Fire Ins. Co. 25615 INSURERC: INSURERD: INSURER E : INSURER : COVERAGES CERTIFICATE NUMBER- REVISION NI MIRFR! THIS IS T'O 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 AR 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. FNSR LTR TYPE OF INSURANCE ADM SURE im POLICY NUMBER POLICY IIIYIDD EFF POLIYM MMPnTM .uMtTS GENERAL LIABILITY EACH OCCURRENCE S 11000,00 10 KEN I 5D Es Ea oocurrenrs $ 1+0_00,00 B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 A i OCCUR X 600-631 OL272 10101!2014 10101/2015DAMAGE MED EXP l(Any one parbon S 10,00 PERSONAL 9 ADV INJURY 6 1,000,00 X' Business Owners INSURANCE IS PRIMARY GENERAL AGGREGATE $ 2,000,00 GEITL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2riOOe00 PRO LOC POLICY X Jr l $ AUTOMOBILE LIABILITY X CO BINE�DD SINGLE LIMIT $ 1,000,00 (BeBODILY ANY AUTO INJURY (Per pwoon) $ A A ALL OWNED AUTOS X SCHEOULwAUTOS X HIREOAUTOS BA6D975982 MA 13AG0980470 CT, NH 10101/2014 10/01/2014 10/01/2015 10/01/2015 BODILY INJURY (Per aoddent) $ PROPERTYDAMAGE (PERACCIDENn $ S A X : NON -OWNED AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE 3 5,000,0011 AGGREGATE — S 5,000,00 ' B EXCESS LIAB CLAIMSMADE X UP -7323Y492 10►01/2014 1010'112015 DEDUCTIBLE Follow $ Form $ RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRETORIPARTNERIEXECVTIVE Y f N OFFICERIMEMBER EXCLUDEDI ❑N (Mandatory In NH) N I A UB588+4YS" CT, MA, NH 06/0112013 0510112013 X WC STATU- 0TH - E.L.EACH ACCIDENT $ 11000,00 E.L. DISEASE - EA EMPLO $ 11000,00 DE OIPST ON OF OPERATIONS below E.L. DISEASE - POL(CY LIMIT $ 1,000,00 A Business Owners BD-631OL272 1M0112014 10/01/2016 Valuable I r Papers 11000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES �(AAttrccn� ACORD 101, AddlNonal Romaeb Schedule, H mere Space b Aquind) The certificate holder is included as additional insured on the above indicated policies subject to all1icy terms and conditions. 30 day notice 'of cancellation except 10 970 notice for non-payment of premium. NOAND-2 Town of North Andover Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01843 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ! / ai7it )V4CJ4*/0—"1 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD OP ID: AD CERTIFICATE OF LIABILITY INSURANCE 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 DATE 5 15 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Poole Professional Ltd. -TM 107 Audubon Rd. #2, Ste. 305 Wakefield, MA 01880 Thomas M. Mullard CONTACT NAME` A/CN o Ext): A/C No): E-MAIL ADDRESS: PRODUCER TIGHE-1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Tighe & Bond, Inc. INSURER A:XL Specialty Insurance Co. 37885 Engineering Services in NY provided by INSURERB: T&B Engineering, P.C. INSURER C : INSURER D : 53 Southampton Road INSURER E: Westfield, MA 01085 INSURER F: MED EXP (Any one person) $ 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR PREMISES Ea occurrence) T currence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO r LOC 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (PER ACCIDENT) $ NON -OWNED AUTOS $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ N / A WC STATU- OTH- TORY LIMITS ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Prof., Environ. DPR9715859 0411412014 04/1412015 Per Claim 3,000,000 A & Pollution Liab. RETR04/111984 DED 100,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) For professional liability overage the aggregate limit i the total insurance available for al�covered'clalm§ presented witt in the policy 3p0eriod. Thg limit will b� reduced by pa ments of inflemnity and expense. day notice of cancellation except May notice for non-payment o premium. NOAND-2 Town of North Andover Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD