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HomeMy WebLinkAboutContract #: 790 - From: 12-01-2014 To: 11-30-2017 - Water Safety Services - Massachusetts Drinking Water RegulationsTOWN OF NORTH ANDOVER CONTRACT CONTRACT #V DATE: Oec a 31 ao/V This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Water Safety Services, Inc. Address: Six Walnut Hill Park Woburn, MA 01801 Telephone Number: 781-932-8787 Fax Number: 781-932-0957 1. This is a Contract for the procurement of the following: Implementation of a formal program to perform services relating to Massachusetts Drinking Water Regulations and to provide a qualified Cross Connection Control program for the period of December 1, 2014 through November 30, 2017 2. The Contract price to be paid to the Contractor by the Town of North Andover is: In accordance with the attached cost proposal 3. Payment will be made as follows: Upon delivery 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 Water Safety Services, Inc. Page I 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 November 30, 2017, 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 Water Safety Services, Inc. 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 Water Safety Services, Inc. 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 (Rev 5-2007) Contract by and between Town of North Andover and Water Safety Services, Inc. Page 4 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, 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 Water Safety Services, Inc. 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 Water Safety Services, Inc. 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 Water Safety Services, Inc. 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. Bindiny, 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 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and Water Safety Services, Inc. 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 Division/Department Head Contract Manager T Manager Date THE CONTRACTOR Company Name Signature Date el, Z' &' -j6SC6 e 11UZI d6d Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: - If-wv P 1 64 Iry_ To ccountan Date (Rev 5-2007) Contract by and between Town of North Andover and Water Safety Services, Inc. Page 9 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover and Water Safety Services, Inc., 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. 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 $2 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 1 and Water Safety Services. Inc. 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. 6. 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. I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO kw , bA T ccountant Date: IAb,-,"I ( `-f TOWN OF NORTH ANDOVER l Town Manager (— . UI X Department/Division Head THE CONTRACTOR: (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and Water Safety Services, Inc. Wates Safety Services, Ince s�x w " 31wh, w, Ata. vIsvI-372v 781-932-8787 - 1-888-932-8787 9 eef aux - 781-932-0957 PROPOSAL FOR THE TOWN OF NORTH ANDOVER CROSS CONNECTION CONTROL PROGRAM TECHNICAL ASPECTS I. PURPOSE Perform for the Town of North Andover (Town) through its Water Department, the implementation of a formal program to perform services relative to Massachusetts Drinking Water Regulations, 310 CMR 22.22 and to provide a qualified Cross Connection Control program. 11. SCOPE OF SERVICE 1. Perform as requested by the Cross Connection Control Coordinator, surveys and inspections of all commercial, industrial, agricultural, institutional and municipal facilities served by the North Andover Water System as required by the Massachusetts Department of Environmental Protection (DEP). Surveys and tests shall be performed by persons certified by the DEP, combination license required, and shall consist of meeting with the owners or their representatives at the premises and informing them both orally and in writing of the responsibility of the Town and themselves with regard to cross connections and Massachusetts regulations. 2. After completion of the survey and inspection prepare and forward the results to the owner detailing on a Cross Connection Violation Form any and all violations found to exist as a result of the physical inspection performed, including procedures for corrective action on the part of the property owner. A report of the survey for each premise will be forwarded to the Cross Connection Control Coordinator. Copies of any Cross Connection Control Violation Forms will be forwarded to the Cross Connection Control Coordinator and the Massachusetts Department of Environmental Protection. 3. Perform the review and approval of Design Data Sheets and make recommendations to the Cross Connection Control Coordinator on approval or any necessary modifications needed prior to approval. All plans shall be reviewed by a certified Cross Connection Surveyor with a minimum of five (5) years experience. 4. Test, and re -test as necessary, all backflow prevention devices as required by the Massachusetts Department of Environmental Protection or by local ordinance. Record the type, size and location of each device and forward the results of any and all tests to the required parties. I I SCOPE OF SERVICES (Coni) 5. Perform an Annual System Survey for the Town to ascertain any changes within the system. Identify new facilities, changes to existing facilities and identify cross connection violations and devices installed or required by canvassing the entire Town. 6. Submit reports to the property owner, the DEP and the Cross Connection Control Coordinator any violations regarding the provisions of the Massachusetts Drinking Water Regulations, 310 CMR 22.22 7. Submit to the D.E.P. and the Cross Connection Control Coordinator, by February 15th of each year, the results of the previous year's surveys and tests. (Annual Report) 8. Submit, as requested by the Cross Connection Control Coordinator, reports detailing at a minimum the following information: a. The locations and dates of surveys performed. b. The number and locations of any cross connections, including the size and type of device required for each location. C. The number and location, with size, type and manufacture of any devices presently installed. d. The results of all tests performed at each location. 9. Prepare customer invoices, on behalf of the Cross Connection Control Coordinator, in duplicate, to be mailed to property owners, outlining the service performed and with rates established by the Town. Prepare as directed by the Cross Connection Control Coordinator invoice on overdue accounts for the Town of North Andover Cross Connection Control Program. 10. Prepare, copy and provide records for the Cross Connection Control program to be on file at the Town. Records shall be maintained for a period of seven (7) years. 11. Prepare copies of test reports, fail test notification, and retests for failure and mail results to the property owner. 12. Provide to the Town an internet based computer database containing all cross connection control activity, with the ability to be accessed on any Internet computer. Such database will be personalized and protected by a user name and password of the Cross Connection Control Coordinator. 13. Perform all services necessary to ensure compliance with all Massachusetts Drinking Water Regulations, 310 CMR 22.22, and the Department of Environmental Protection. III. SPECIFICATIONS 1. The Contractor shall be a certified corporation or partnership with an established place of business in Massachusetts, registered to do work in the Commonwealth of Massachusetts. 2. All current appropriate Massachusetts regulations on backflow prevention will be obtained and reviewed to assume compliance. 3. The Contractor will not install, service or repair; or sell any devices, or other water related activity within the Town. 4. The Contractor shall demonstrate capability to perform this work including: a. list of personnel by title b. list/type vehicles available to do this work c. list of current management or ownership with five years experience in the administration and implementation of municipal cross connection control programs. 5. The Contractor will have a fully established computer system, with the ability to download systems and instruct Town personnel of its operations. 6. All surveys and tests shall be performed by Massachusetts Department of Environmental Protection licensed and certified personnel. All Design and Data Sheet plans shall be reviewed by a DEP Certified Surveyor on staff of the contractor. 7. The Contractor will provide to the Town any public press releases and educational seminars if requested by the Town. 8. The Contractor shall be responsible for all mailings to building owners/agents for whom surveys and tests will be performed. 9. The Contractor shall be responsible for the billing of monies owed by the building owners/agents for whom services have been performed. 10. The Contractor will review all survey results, Design Data Sheets and plans submitted by installers with final approval by the Town Cross Connection Control Coordinator. 11. The Contractor will perform expedient services to the Town of North Andover to assure that once the program has begun, it will continue uninterrupted and as quicldy and efficiently as possible. 12. The Contractor will work fully and cooperatively with the Town of North Andover Cross Connection Control Coordinator. II.I. SPECIFICATIONS (con't) 13. The Contractor and his employees will act professionally and courteously at all times to building owners/agents and tenants while performing services. 14. The Contractor will provide a toll free telephone number for all questions and/or complaints from property owners or their agents. 15. The Contractor must comply with all Town administrative and.recordkeeping requirements. 16. The Contractor will provide these services to all premises within the Town of North Andover which are required by law. 17. The Contractor will develop a schedule for testing and notification to the customer of the testing schedule. The schedule will be approved by the Cross Connection Control Coordinator. 18. The Town may request the Contractor's employees wear an approved company uniform and identification badge with photograph during normal working hours, and may request all vehicles used by the Contractor shall display identification signs on both sides of the vehicle, acceptable to the Town and pertaining to the Contractor and the project. 19. The Contractor shall be responsible for the preservation of all public and private property, and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, as his expense to a conditionsimilar or equal to that existing before the damage was done, or he shall make good the damage in another manner acceptable to the property Town. 20. The contract shall remain in full force and effect for three (3) years from the date of commencement. The option to renew shall be on agreement of both parties and as permissible by law. Complete Town Survey: Design Data Sheet and Plumbing Plan approval: Backflow Device Testing: Backflow Device Re -test: Billing/Invoicing: Annual System Survey: Computer Program/Software: COST PROPOSAL QUOTATION PAGE $ 28.00 Per Survey $ No Charge $ 32.00 Per Test $ No Charge $ No Charge $ No Charge $ No Charge The undersigned, as proposer, declares that he has thoroughly inspected and carefully examined the proposal and specifications. If this proposal is acceptable, he will contract with the Town of North Andover and he will accept as full payment for the work, the unit prices as quoted. All overhead, profit, administrative costs and any other costs and expenses are to be included in the above unit prices. Any questions in regards to this proposal should be directed to: Water Safety Services, Inc. 6 Walnut Hill Park Woburn, MA 01801 781-932-8787 - 888-932-8787 Att: Robert G. Heitz, Jr. Joseph R. Heitz CERTIFICATE OF VOTE eole pacwr/i a/,/, At a duly authorized meeting the Board of Directors of the5��'cT✓/��es -•,�, held on .IphyjqrtY jjIII it was VOTED, THAT lindlIPIC (Name) (Officer) of be be and hereby is authorized to execute contracts and bonds in the name and on behalf of said �D,C/Ti �h , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of (1)re'A2S�Fez✓ Z,,C on r its behalf by such officer under seal of Wg7ei-s,4F , s ,shall be valid and binding upon (�i9aT�S A&4��e&vr I hereby certify that I am the clerk of the above named _Ti��/ and IT65.e&vr G, l-iVy>z . J;C� '4nt: that A ,�h R f#ei-rz y' the duly elected officers as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) Certification of the Corporate Clerk "4 �'/ 'e /-/' - '/ (Clerk) 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 oh R l/e, f?, < 1 e� l( Print Name & Title Date 9/�/ Orr &6,/Z &G!/'CeS jig Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for V fpr' 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. IZ 1 10711_rZ1 nature Date ACCM CERTIFICATE OF LIABILITY INSURANCE �..i DATE(MMIDDIYYYY) 12/11/2014 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 Susan Rubin NAME: PHOAICNE (781)729-4615 NC No:(761)729-3756 Saltmarsh Insurance Agency, LLC E-MAIL susan@saltmarshinsurance.com ADDRESS 751 Main Street s P.O. BOX 458 INSURERS AFFORDING COVERAGE NAIC # INSURERA:Phoenix Insurance Company 5623 Winchester MA 01890 INSURED INSURERB:The Travelers Indemnity Co. 25658 INSURERC:Travelers Indemnity Co of Ct 25682 Water Safety Services Inc. INSURER D : 6 Walnut Hill Park INSURER E : INSURER F: Woburn MA 01801 COVERAGES CERTIFICATE NUMBER:2014 Master Cert 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 MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ;A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 7'OCCUR 6805336H449 8/15/2014 8/15/2015 MA hN 11-11 300 000 ccurrence $ , PREMIS ES Ea occurrence) MED EXP (Any one person) $ 5,00d PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES,PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOC JEC $ AUTOMOBILE LIABILITY COMBINED Ea accidentSINGLE LIMIT $ 1,000, 000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-OWNED AUTOS 6805336H449 8/15/2014 8/15/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1, 000, 000' AGGREGATE $ 1, 000,000 B EXCESS LIAB CLAIMS-MADE DED I I RETENTION$ $ CUP1384Y136 8/15/2014 8/15/2015 C WORKERS COMPENSATIONWC STATU- OTH- AND EMPLOYERS' LIABILITY `;. Y 1 N ANY PROPRIETOR/PARTNER/EECUTIVE MFFICERIMEn E EXCLUDED?' (Mandatory ) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 5049L378 8/25/2014 8/25/2015 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Town of North Andover is included as an additional insured as required by written contract or agreement with the named insured. CERTIFICATE HOLDER CANCELLATION r� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town Of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main St. AUTHORIZED REPRESENTATIVE N. Andover, MA 01845 S Saltmarsh, Jr./SUSA�'- ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 onions) m Tho AC(1R17) namo and Innn aro roniefororl markt of AR(1R171