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HomeMy WebLinkAboutContract #: 769 - From: 10-15-2014 To: 12-31-2015 - Fannin-Lehner Preservation Consultants - Town of North AndoverJanuary 13, 2016 FANNIN • LEHNER PRESERVATION CONSULTANTS Raymond Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover MA 01845 Dear Mr. Santilli, With regard to the First Burying Ground Conservation Project, enclosed is an updated coverages page from our automotive insurer, USAA, showing the current insurance coverage carried on the vehicles. This supplements the ACORD certificate faxed to your attention recently by The Travelers, which covers Fannin • Lehner Preservation Consultants Public liability policy. Sincerely yours, M,-�cc�, Minxie Jensvold Fannin Managing Principal cc: Kathy Szyska, Historical Commission MINXIE J. FANNIN • 271 Lexington Road • Concord, Massachusetts • 01742-3722 • (978) 369-6703 JAMES C. FANNIN, JR. • 271 Lexington Road • Concord, Massachusetts • 01742-3722 • (978) 369-6703 E mail DENTILS@aol.com fanninlehner.com riAur 13 COVERAGE SELECTIONS PAGE ASMBLY M -M 1 This page and any attached endorsements form a part of your policy This policy is Issued By: UNITED SERVICES AUTOMOBILE ASSOCIATION ITEM 1: This policy is Issued To:, SAN ANTONIO, TEXAS 78288 Massachusetts Personal Automobile Policy Number 00045 81 07U 7101 0 JAMES C FANNIN JR 271 LEXINGTON RD CONCORD MA 01742-3722 ITEM 2: This policy is effective from: JAN 01, 2016 ITEM 3: Description of your Auto: 4uto 08 04 TOYOTA SIENNA MINIVANI Auto 09 08 TOYOTA SIENNA MINIVAN 5TDBA22CO4SO15898 5TDBK22C88SO20706 ITEM 4: This policy provides only the coverages for which a premium charm is chnwn .RENEWAL To: JAN 01, 2017 (12:01 A.M. Eastern Standard Time) ;OVERAGES Parts 1- 12 AUTO PREMIUM UTO 09 PREMIUM COMPULSORY INSURANCE LIMITS DEDUCTIBLE _1A ANNUAL ADJUSTED LIMITS DEDUCTIBLE ANNUAL ADJUSTED 1 BodilyInjury To Others ry er $ 20,000 person er NONE er $ 20,000 person NONE 40.000 accident $ 63 40.000 accident 65 OR 5 O FOR 5 O 2 Personal Injury Protection $ 8,000 person ❑Yourself $ 8,000 pe` person ❑� Yourself FAYoursell 13 Yourself & household members $1 3 & household members 12 3 Bodily Injury Caused By An $ 50 , 000pe�son $ 50 , 000person Uninsured Auto NONE NONE (Compulsory Limits s 20,000/40,000) $ 100 , 000accident $ $ is 100 , 000accident 7 4 Damage To Someone Else's Property (Compulsory Limit s 5,000) $ 100 000accidenl I NONE $ 115 $ 100 000,pccrideritl NONE 107 3PTIONAL INSURANCE SEE FORM 968C FOR INFORMATION ON PART 5 AND PART 12 LIMITS 5 Optional Bodily Injury $ 1,000, peison $ , , 000perrson To Others $1 , 000, OOOaccident NONE $ 114 per, $1 000 000. r � acndent NONE 121 3 Medical Payments $ person . NONE $ pefNONE erson X Collision Actual Cash Value Actual Cash Value 7= 150 3 Limited Collision Actual Cash Value $ Actual Cash Value $ j 3 Comprehensive Actual Cash Value $ Actual Cash Value $ 500$ 36 10 Substitute Transportation NONE NONE 11 Towing And Labor See Contract See Contract 12 Bodily Injury Caused By An $ 50, 000person 50, OOOpef Underinsured Auto $ 100 , OOOp er NONE $ 9 1 00 000person rPR NONE 9 accident accide t PREMIUM EMIUM 'REMIUM DUE 'AT INCE TION. � TOTAL NCL GLASS DED VEH 08 09 PREN1tUt'v7 $ 1002. 00 EARNED ACCIDENT FORGIVENESS APPLIES WITH FIVE YEARS CLEAN DRIVING WITH USAA. dentification Numbers of Endorsements Forming a Part Of This PDlicy.BG ( 09) ***** 968C (01 ) REMAIN IN EFFECT(REFER TO PREVIOUS POLICY)— 968(28) TEM 5. Place of Principal Garaging ITEM 6. Secured Lender/Lessor -Additional Insured, if Rented Auto UTO 08 CONCORD MA UTO 09 CONCORD MA ITOYOTO MOTOR CREDIT CORP, ATLANTA GA RIVER INFORMATION: *NO. OPERATOR NAME DATE OF BIRTH LICENSE NUMBER ES C FANNIN JR 02/16/36 082300056E J FANNIN 09/15/351 S82909104 38-B 07-15 DECEMBER 4, 2015 JAAUTO RATING INFO E4 08613 RMM63 AUTO 09 613 RMF64 128648-1015_01 Andrew W. Maylor Town Manager Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 ainaylor@townofnorthandover.com December 1, 2015 Ms. Anne Fannin, Managing Principal Fannin -Lehner Preservation Consultants 271 Lexington Street Concord, MA 01742 Dear Ms. Fannin: Telephone (978)688-9510 Fax (978) 688-9556 Per the request of the Historical Commission, the contract between the Town of North Andover and Fannin -Lehner Preservation Consultants (Contract #769) to complete the restoration and preservation project at the Old Burying Ground on Academy Road is extended to June 30, 2016. Please provide updated insurance certificates listing the Town of North Andover as `Additional Insured' in accordance with the contract document. The insurance certificates are to be sent to the attention of Ray Santilli, Assistant Town Manager. If you have any questions and/or concerns, please call Mr. Santilli at 978-688-9516. Sincerely, Andrew W. aylor Town Manager cc., Kathleen Szyska, Historical Commission Contract File NORTH ANDOVER HISTORICAL CONMSSION Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Mr. Santilli, December 1, 2015 The North Andover Historical Commission is writing to request a Contract Extension for the 2015 Old Burying Ground Preservation/Restoration Project on Academy Road. The Fannin -Lehrer Preservation Consultants have reported to the Commission that they will not be able to complete the work by the contract end date of December 31, 2015. Mr. James Fannin had unexpected major surgery during the summer of 2015 that impacted their work schedule on the Old Burying Ground Project. After consulting with the Fannins regarding the remaining work to be done, the Commission is requesting that the "end date" for the project be June 30, 2016. Thank you for your consideration of our request. Please contact the Commission if you require further information. Sincere ly yours, ` Kathleen Szyska, Chair North Andover Historical Cor on TOWN OF NORTH ANDOVER CONTRACT CONTRACT #� DATE: Orr /S, aO/�( This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Fannin -Lehner Preservation Consultants Address: 271 Lexington Road Concord, MA 01742 Telephone Number: 978-369-6703 Fax Number: 978-369-6703 1. This is a Contract for the procurement of the following: Completion of a restoration and preservation project (Task One and Task Two) at the Old Burying Ground on Academy Road, North Andover, in accordance with the Invitation for Bids dated April 1, 2014 2. The Contract price to be paid to the Contractor by the Town of North Andover is: $10,850 3. Payment will be made as follows: Upon completion of services and receipt of invoice, net 30 4. Definitions 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 1 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, and all Addenda issued during the bidding period. 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 the document 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 or Materials. 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, 2014f 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. 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. (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 2 8. Termination and Default 8.1 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. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this 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. 8.3 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 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 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. (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 3 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 the 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. 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, it 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 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 4 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, Section 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 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. 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 Against 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. 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. (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 5 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) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of 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. 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 (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 6 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. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 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. 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. Any and all proceedings or actions relating to subject (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 7 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. 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) [ X ] 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 Construction (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 8 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 naj.,� o'..+A Division/ epartment Head Contract Manager THE CONTRACTOR PAVA-141A..) • &_k4 r ?MS4�L-4.1 Company Name OVA %44t_lfS own Manager Date Signature ���Da e Anr»S .r. FAAJoU,"Ui Print Name & Title APPROVED AS TO FORM: lwawfil_ 2ot`! Town Counsel G Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: . k9r\ho A)Ame C ((%( Town A countant U Date (Rev 5-2007) Contract by and between Town of North Andover and Fannin -Lehner Preservation Consultants Page 9 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover, and Fannin -Lehner Preservation Consultants, which Contract is a contract for the procurement of services. 2. "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. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. 4. Minimum Wage/Prevailing 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. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MITA" 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 (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page l and Fannin -Lehner Preservation Consultants • 4 P 4 expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its 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) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Cou el I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO kmx 0 ( �a rois w Accountant 0 Date: (10 14(14 Town Manager -y. 6;,-fj& Departm nt/Division Head THE CONTRACTOR: aK So ( 4-� (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and Fannin -Lehner Preservation Consultants 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_( _�t.y1JZ.� v �C 4A -A_1 Date April 21, 2014 Anne J. Fannin Managing Principal Fannin -Lehner Preservation Consultants Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Anne J. Fannin , authorized signatory forFannin-Lehner Preservation Consultants 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. Signature Town of North Andover IFB Restoration and Preservation Project - Old Burying Ground April 21, 2014 Date Page 21 of 22 WORKERS' COMPENSATION STATEMENT I, Aol/! e J •0 the owner and operator of (Name of Owners) ci.•Sn %n • �.4-�.w 'T7rtc) located in (Name of Company) v/ 4-6-4c (Name of ityfrown) have no employees and am thus not required to maintain Worker's Compensation Insurance. I accept full medical responsibility for any injury I sustain while performing work for the Town of North Andover as an independent contractor during the term of this Contract. By: [�A.JtQ� 1-2-10 (Signature) (Datel If q� �® CERTIFICATE OF LIABILITY INSURANCE DATE 05/13/2/DD/YYYY) 05/13/2014 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 CONTACT NAME: A/CNNo, Ext): 888 661-3938 FAA/C, No): 888 872-8921 ANDERSON-BAGLEY & MAYO INSURANCE AGENCY INC P 0 BOX 360 LEOMINSTER, MA 014530360 (888) 661-3938 E-MAIL ADDRESS: Service.center@travelers.com PUSDUCER ERID 8328H1013 INSURER(S) AFFORDING COVERAGE NAIC # XW695 700 INSURED MINXIE JENSVOLD FANNIN AND MONIQUE B. LEHNER DBA FANNIN- LEHNER 271 LEXINGTON ROAD CONCORD, MA 01742 INSURER A:THE PHOENIX INSURANCE COMPANY S INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: $ COVERAGES CERTIFICATE NUMBER: 833678028231331 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 INSR SUBRPOLICY POLICY NUMBER EFF MWDD POLICY EXP MM/DD LIMITS A GENERAL LIABUTY �( COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 680-694J736A-14 04/23/2014 04/23/2015 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES Eaoccurrence $300,000 MED EXP (Any oneperson) $5,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRO - X POLICY F71 JECT LOC PRODUCTS - COMP/OP AGG $4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per PROPERTY $ $ $ UMBRELLA LIAB EXCESS LAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YMORY ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under ECIAL PROVISIONS below WAWC STAT M, 0TH LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AS RESPECTS TO GENERAL LIABILITY, TOWN OF NORTH ANDVOER IS ADDITIONAL INSURED - BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS, CG D1 05, BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. I l l Il 1 G r7VLUGhf TOWN OF NORTH ANDVOER 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