Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract #: 874 - From: 02-01-2016 To: 11-30-2016 - New England Load Burning Co. Inc - Town of North Andover
J 1 G N I �y lJ> D 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 amaylor@townofnorthandover.com January 4, 2017 Mr. Gary Miller Executive Vice President & COO NELCO 2 Burlington Woods Drive Burlington, MA 01803 Dear Mr. Miller: Telephone (978)688-9510 Fax (978)688-9556 Please be advised the contract between the Town of North Andover and NELCO (Contract #874) is hereby extended to February 15, 2017 in order to properly close out the Town Hall renovation/expansion project. If you have any questions and/or concerns, please call Ray Santilli, Assistant Town Manager, at 978-688-9516. Sincerely, n� Andrew W. Maylor Town Manager cc., Contract File Do>tnham & Sweeney .Teff Shaw, Principal, AIA LIKED AP ARCHITECTS C. Christopher Logan, Assad CHANGE ORDEI E L C O PROJECT Town Hall Renovatic 120 Main Street North Andover, MA TO CONTRACTOR NELCO Worldwide 2 Burlington Woods L Burlington, MA 01801 THE CONTRACT IS C 3ER: 02 6 C NUMBER: " 1406:00 uary 1, 2016 it Construction Proposed Change Or( $ 7,000.00 Proposed Change Orc $ 441.00 Proposed Change Orc_ $ 17,561.00 Proposed Change Ord�� m���teel reinforcing at Col line `C' $ 16,798.00 Proposed Change Order #37 Fiber line conduit installation $ 5,222.00 Proposed Change Order #44R Deletion of PRV (Credit) $ 291.00 Proposed Change Order #49 Frame and installation of etched town seal $ 1,265.00 Proposed Change Order #52 Knox box $ 1,108.00 Proposed Change Order #65 Rework/patching of existing flooring $ 30,425.00 TOTAL The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be $ 65,529.00 $ 4,413,969.00 $ 37,660.00 $ 4,451,629.00 $ 65,529.00 $ 4,517,158.00 The Contract Time will be unchanged by Zero (0) days. Time extension included in PCO 3582 was not approved. The date of Substantial Completion as of the date of this Change Order therefore is unchanged. NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. 68 Harrison Avenue Boston MA 02111 617 423 1400 donhamandsweeney. corn jj f, Donham & Sweeney .bell• Shaw, Principal, AIA L>E>E1D AP ARCHITECTS C. Christopher Logan, ate, AIA NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER ARCHITECT Donham & Sweeney Architects C. Signature C. Christopher Logan Name Date 68 Harrison Avenue Boston MA 02111 517 423 1400 donhamandsweeney. com Joseph Prates Name Date q Zj'7o14 OWNER Town of North Andover Signature Andrew Maylor Name Date 1V9 l 6 Donham & Sweeney Jeff Shaw, Principal, AIA LEER AP ARCHITECTS C. Christopher Lown, Associate, AIA CHANGE ORDER PROJECT Town Hall Renovations 120 Main Street North Andover, MA 01845 TO CONTRACTOR NELCO Worldwide 2 Burlington Woods Drive Burlington, MA 01801 THE CONTRACT IS CHANGED AS FOLLOWS: Proposed Change Order #1 Proposed Change Order #3R2 Proposed Change Order 44R1 Proposed Change Order #5R1 Proposed Change Order #6 Proposed Change Order #7R2 Proposed Change Order #8R3 Proposed Change Order #9R1 Proposed Change Order #10 Proposed Change Order #I I Proposed Change Order #15 Proposed Change Order #17 Proposed Change Order 421 Proposed Change Order #23 Proposed Change Order #27 Proposed Change Order #31R1 Proposed Change Order #39 The original Contract Sum was CHANGE ORDER NUMBER: 01 DATE: July 20, 2016 ARCHITECT'S PROJECT NUMBER: 1406.00 CONTRACT DATE: February 1, 2016 CONTRACT FOR: General Construction Existing Interior Signage $ 3,632.00 Chain link enclosure $ 3,800.00 Keeping existing beam (Credit) $ 1,325.00 Removal of concrete pad $ 5,575.00 Reconfigure of 2nd Fl offices $ 1,548.00 Re-routing of new ductwork $ 3,109.00 New subfloor at 2nd Fl $ 28,736.00 Reduced work at Atrium CIP beam (Credit) $ 1,124.00 Abatement of existing floor the $ 2,732.00 Drainage board in crawl space $ 1,241.00 Reduction of ductwork at FCU -18 (Credit) $ 596.00 Elec. change to FCU -9 through 28 $ 1,198.00 Existing roof drain line $ 2,479.00 Change to venting of equip. (Credit) $ 7,587.00 Added locksets $ 913.00 New conduit from FACP to antenna $ 1,329.00 Builder's Risk Insurance (Credit) $ 8,000.00 TOTAL $ 37,660.00 The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero (0) days. Time extension included in PCO 5R1 was not approved. 68 Harrison Avenue Boston MA 02111 6 1 7 4 2 3 1 4 0 0 donhamandsweeney.coni $ 4,413,969.00 $ 0.00 $ 4,413,969.00 $ 37,660.00 $ 4,451,629.00 Jeff Shaw, Principal, AIA LEND AP C. Christopher Lean, Associate, AIA Denham & Sweeney ARCHITECTS The date of Substantial Completion as of the date of this Change Order therefore is unchanged. NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT Donham & Sweeney Architects Signature C. Christopher Logan Name Date ?J'� , M�& 68 Harrison Avenue Boston MA 02111 617 423 1400 donh amandsweeney .coni Sr orldwide e Joseph Prates Name Date OWNER Town of North Andover Signature Andrew Maylor Name Date a. � .0-, 0/ C Jeff Shaw, Principal, AIA LEER AP C Christopher Logan, Aswciate, AIA 28 June 2016 Revised 19 July 2016 Ray Santilli Assistant Town Manager Town Hall 1600 Osgood Street, Suite 2043 North Andover, MA 01845 Donhamli & Sweeney ARCHITECTS Re: North Andover Town Hall Renovation Change Order #1 (PCO's: 1, 3R2, 4R1, 5R1, 6, 7R2, 8R3, 9R1, 10, 11, 15, 17, 21, 23, 27, 31R1, and 39) Dear Ray, D&S and P3 have reviewed the submitted Proposed Change Orders listed above and recommend the following action as listed below for each. If you concur with our recommendations, the approved change proposals will become a Change Order to the Town Hall Renovation Construction Contract. PCO #1 Add: $3,632.00 Recommend Approval $3,632.00 Replace all existing signage to remain with new signage. Scope includes plaster repair after removal where needed. PCO #3R2 Add: $3,800.00 Recommend Approval $3,876.00 Addition of chain link enclosure and door in Dead Records Rm #006. PCO #4R1 Credit: $1,325.00 Recommend Approval $1,325.00 Credit for keeping existing beam, along column line 6 between A & CA, in lieu of replacement and sintering new framing to it. PCO #5R1 Add: $5,575.00 Recommend Approval $5,575.00 Removal of the concrete pad exposed during demolition of the existing asphalt Apparatus apron. Time extension to the contract of (2) days is not accepted. PCO #6 Add: $1,548.00 Recommend Approval $1,548.00 Reconfiguration of second floor Community Development offices due to diagonal steel framing discovered during demo of existing walls. 68 Harrison Avenue Boston MA 02111 617 423 1400 donhamandsweeney.com .teff Shaw, Principal, AIA LEEID AP C. Christopher Lagan, Associate, AIA PCO #7R2 Donharn & Sweeney ARCHIT'EC'TS Add: $3,109.00 Recommend Approval $3,109.00 Re-routing of new ductwork to limit impact on existing spaces to remain. (I" and 2nd floor conference rooms) PCO #8R3 Add: $28,736.00 Recommend Approval $28,736.00 Installation of new subfloor over existing plank subflooring on second level of former Fire Station. PCO #9R1 Credit: $1,124.00 Recommend Approval $1,124.00 Credit for reduction in labor & material due to reduced work at Atrium CIP beam, including credit for not removing (2) courses of masonry at top of existing parapet at Atrium. PCO # 10 Add: $2,732.00 Recommend Approval $2,732.00 Abatement of existing 9x9 floor tile in the Fire Station first floor due to unknown conditions. PCO # 11 Add: $1,241.00 Recommend Approval $1,241.00 Installation of drainage board in entire crawl space. PCO 415 Credit: $596.00 Recommend Approval $596.00 Reduction of ductwork to FCU -18. PCO #17 Add: $1,198.00 Recommend Approval $1,198.00 Change in electrical requirements for FCU -9 through FCU -28 due to power requirement changes from manufacturer of the units. PCO #21 Add: $2,479.00 Recommend Approval $2,479.00 Removal of existing roof drain line on interior face of east wall of former Fire Station, within building, and installation of new drain line on same wall north of existing window openings. PCO #23 Recommend Approval $7,587.00 Change to the venting of the boilers and water heater to a direct sidewall vent. PCO #27 Recommend Approval $913.00 Addition of locksets in Conf. Rm #230 and Mtg. Rm #235. 68 Harrison Avenue Boston MA 02111 617 423 1400 donhamandsweeney.com Credit: $7,587.00 Add: $913.00 Donham & Sweeney Jeff Shave, Principal, AIA LEER AP ARCHITECTS C. Christopher Logan, Associate, AIA PCO #31R1 Add: $1,329.00 Recommend Approval $1,329.00 Installation of new conduit from FACP to roof antenna and removal of existing antenna brackets on fagade. PCO #39 Credit: $8,000.00 Recommend Approval $8,000.00 Installation of new conduit from FACP to roof antenna and removal of existing antenna brackets on fagade. Total of recommended Proposed Change Orders for Approval: Add: $37,660.00 Please contact D&S or P3 if you wish to discuss any of these recommended actions. Sincerely, C. Christopher Logan, AIA C: PF 1406.00: 10.11 D. Pal lotta, OPM P3 M. DelVecchio, OPM P3 J. Shaw, Principal D&S E. Apeldoorn, D&S 68 Harrison Avenue Boston MA 02111 617 423 1400 donhamandsNveency.com 7 TOWN OF NORTH ANDOVER CONTRACT CONTRACT #� r (— DATE: ool-O/- &0/4 This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: NELCO Address: 2 Burlington Woods Drive Burlington, MA 01803 Telephone Number: 781.537.3002 Fax Number: .1. This is a Contract for the procurement of the following: r. Renovation of the former Fire Station into expanded town offices and the interior remodeling of the existing Town Hall per the Project Manual, dated October 29, 2015, and associated Addenda #1-5 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Base Bid $ 4,299,969 Alternate 91 $ 6,000 Alternate #2 $ 34,000 Alternate #3 $ 32,000 Alternate #4 $ 42,000 Total $ 4,413,969 3. Payment will be made as follows: Upon submission and approval of monthly payment requisitions (net 30) (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 1 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. 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 5 one who furnished material worked, to =a special design according to the Drawings or x 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, 2016, 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 (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 2 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. 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; 1) any failure to perform any of its obligations under this Contract including, but not limited to" the following: - (i) failureto 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 (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 3 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 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 4 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. (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 4 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, 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 Enforceabilitv Against the Town This Contract is only binding upon, and enforceable against,,4he 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 (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 5 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) 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 ro 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 (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 6 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. 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. Pqyment 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. (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 7 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 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+e 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. r+ 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 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ X ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and NELCO 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 epartment Head Contract Manager T46 Manager oOor Date THE CONTRACTOR Company Name 4Sigt Date . PrimCA eta �� ' � & Title CERTIFICATION, AS TO AVAILABILITY OF FUNDS: own A countant Date (Rev 5-2007) Contract by and between Town of North Andover and NELCO Page 9 SUPPLEMENT "C" [] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of: (1) Public Buildiflgs and Public Works (governed by the provisions of General Laws Chapter 3013); (2) Public Buildings (governed by the provisions of General Laws Chapter 149,§ 44A, et seq.); and (3) Public Works (governed by the provisions of General Laws Chapter 30, §39M, et seq) This form supplements the Town of North Andover "Contract and General Conditions" and applies only to contracts for the construction, reconstruction, alteration, remodeling or repair of public works or public buildings. 2. Wherever the law requires one contracting with a city or town to be bonded, such obligation shall be understood to be a term and condition of this Contract. The Contractor agrees..to secure such bond n., (where required) in the form required by the Town and provide an original thereof to the Town prior to the commencement of performance. 3. Equal -3.1. In the case of a closed Specification written for a specific item or items to be furnished under the Base Bid, such specifications shall, as applicable, be in compliance with the Massachusetts General Laws, Chapter 30, Section 39M and Chapter 149, Sec. 44A et seq. 3.2. ,Where the name of an item, material or manufacturer is mentioned. in the Specifications or on the Drawings, except as above noted, the intent is to establish a standard and in no way should be construed to exclude any item or manufacturer not mentioned by name, but whose product meets the Specifications as to design, utility and quality. Final decision shall rest with the Project Representative as to its acceptability. 4. Change orders to contracts governed by General Laws Chapter 30B may not increase the quantity of goods or services provided by more than twenty-five (25%) per cent, in compliance with Sec. 13 of Chapter 3013. 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, Sec. 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, Sections 26 and 27D (Prevailing Wage), as shall be in force and as amended. 6. The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the property of the Town and others, including adjacent property, from injury or loss arising (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 1 and NELCO in connection with the Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to errors in the Contract Documents or caused by agents or employees of the Town, or due to causes beyond the Contractor's control and not the Contractor's fault or negligence. 7. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State and local laws and codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor will erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public, shall post danger signs warning against the hazards created by such features of construction such as pits, protruding nails, hosts, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials; and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents. 8. The Town shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access. 9. The Contractor shall appoint a competent superintendent and foreman and any necessary assistants, all of whom shall be satisfactory to the Town. If the Town in its sole discretion determines that the construction superintendent, foreman, or assistants are unacceptable to the Town, then upon seven days notice from the Town, the Contractor shall replace such person or persons with people acceptable to the Town. 10. The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractor shall carefully study and compare the drawings, specifications and other instructions and shall at once report to the Town any error, inconsistency or omission which shall be discovered..... Included in this responsibility shall be supervisiorrof all work performed by subcdntractors on the work. 14,° If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions, the Town, upon three days written notice, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct'the cost thereof from.the payment then or thereafter due the Contractor. 1.2. Inspection by the Town's Project Representative 12.1. The Town shall have the right to designate a Project Representative who may make periodic visits to the site to familiarize the Town generally with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of these observations while at the site, the Project Representative will keep the Town informed on the progress of the work, will endeavor to guard the Town against defects and deficiencies in the work of contractors, and may condemn structural work as failing to conform to the Contract Documents. The Project Representative shall have authority to act on behalf of the Town only to the extent expressly delegated by the Town, which shall be shown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 2 and NELCO 12.2. In connection with the work, the Project Representative shall not be responsible for construction methods, means, techniques, sequences or procedures employed by the Contractor or the Contractor's safety programs, requirements, regulations, or precautions. 13. Decisions of the Project Representative 13.1. The Project Representative shall, within a reasonable time, make decisions on all claims of the Town or the Contractor and on all other matters relating to the execution and progress of the structural work or the interpretation of the Contract Documents. 13.2. The Project Representative's decision, in matters relating to the project, shall be final, if within the terms of the Contract Documents. 13.3. If, however, the Project Representative fails to render a decision within ten days after the parties have presented their evidence, either party may then avail itself of the remedies provided in this contract or available to it by law. If the Project Representative renders a decision after such remedies have commenced, such decision may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned. 14.1 Use of Premises by the Contractor: 14.1. The Contractor shall confine its apparatus, the storage of materials and the operations of its workmen to limits indicated by law, by-laws; permits or directions of the, Town and shall not unreasonably encumber the premises with its materials. 14.2. ' The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. 15. Maintenance of Premises: z The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work, and at the completion of the work it shall remove all its rubbish from and about the work site and all its tools, scaffolding and surplus materials and shall leave its work "broom -clean", or its equivalent, unless more exactly specified. In case of dispute, the Town may remove the rubbish and charge the cost to the several contractors, as the Town shall determine to be just. 16. Right to Terminate If the Contractor should (1) be adjudged a bankrupt, (2) make a general assignment for the benefit of creditors, (3) have a receiver appointed on account of its insolvency, (4) persistently or repeatedly refuse or fail to supply enough personnel and resources to perform the contract, (5) fail to make prompt payment to subcontractors or to providers of materials or labor, (6) persistently disregard laws and regulations or lawful directives of the Town, or (7) be guilty of a substantial violation of any provision of the Contract, then the Town may, without prejudice to any other right or remedy and after giving the Contractor (or any surety) seven days written notice, terminate the contract and the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it deems appropriate. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 3 and NELCO In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid amount owed to the Contractor for work already completed shall exceed the expense of finishing the work, including compensation for additional architectural, managerial, legal and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balances, the Contractor shall pay the difference to the Town. The Contractor shall not be relieved of liability to the Town by virtue of any termination of this contract, and any claim for damages against the Contractor relating to the Contractor's performance under this contract shall survive any termination hereunder. Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon seven days written notice to the Contractor. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all work performed by the Contractor and accepted by the Town to the termination date. 17. Progress Payments: 17.1. The Contractor shall submit to the Town an itemized Application for Payment, supported to the extent required by the Town by invoices or other vouchers, showing payments for materials and labor, payments to Subcontractors and such other evidence of the Contractor's right to payment. 17.2. The Contractor- shall, before the first application, submit to the Town a schedule of values of the various parts of the work, including quantities aggregating the total sum of the Contract, divided so as to facilitate payments to Subcontractors, made out in such form as the Town and the Contractor may agree upon, and, if required, supported`by such evidence as to. its correctness. This schedule, when approved by the Town, shall be.used as a basis for payment; unless it is found to be in error. If applying for payments, `the Contractor shall submit a statement based upon this schedule. 1.8... Withholding of Payments 18.1. The Town may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary in its reasonable opinion to protect the Town of North Andover from loss on account of: 18.1.1. Defective work not remedied. 18.1.2. Claims filed or reasonable evidence indicating probable filing of claims. 18.1.3. Failure of the Contractor to make payments properly to Subcontractors or for material or labor. 18.1.4. A reasonable doubt that the Contract can be completed for the balance then unpaid. 18.1.5. Damage to another contractor. 18.1.6. Delays resulting in liquidated damages. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 4 and NELCO 18.2. Withholding of payments shall be in strict compliance with statutory requirements. 19. Claims by Contractor and Liability of Town All claims by the Contractor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this contract regardless of the submission or existence of any claims. The limit of liability of the Town under this Agreement is limited to the compensation provided herein for work actually performed, and shall in no event include liability for delays or for incidental, special or consequential damages or lost profits or for damages or loss from causes beyond the Town's reasonable control. 20. Liquidated Damages: Because both parties recognize (1) that the time for completion. of this -Contract is of the essence, (2) that the Town will suffer loss if the work is not completed within the contract time specified, plus any, extension thereof allowed in accordance with the provisions of this contract, and (3) the _ delays, expense and difficulties involved in a legal proceeding to determine the actual loss suffered by the Town if the work is not completed in time,..it is agreed that the Contractor will pay the Town as liquidated damages representing an estimate of delay damages, not as a penalty, the sum of One Thousand Dollars-($ 1,000) per day for each calendar day of delay until the work is completed, whether the work is completed by the Contractor or some other person. The Town's right to impose liquidated damages shall in no way prohibit or restrict the Town's right to bring a legal action for damages in lieu of or in addition to its option to impose liquidated damages. The Town may deduct -any liquidated damages from money due the Contractor, and if such payment is insufficient to cover the liquidated damages, then the Contractor shall pay the amount due. JI 1 21. The Contractors' Mutual Responsibility: Should the Contractor cause damage to any separate subcontractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement, or by recourse to remedies provided by law or by the provisions of the contract. If such separate contractor sues the Town on account of any damage alleged to have been sustained, the Town shall notify the Contractor, who shall defend such proceedings at the Town's expense and, if any judgment against the Town arises therefrom, the Contractor shall pay or satisfy it and pay all costs incurred by the Town. 22. Separate Contracts: 22.1. The Town reserves the right to let other Contracts in connection with this work under similar General Conditions. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with theirs. 22.2. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the Town any defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 5 and NELCO of the other contractor's work as fit and proper for the reception of its work except as to defects which may develop in the other contractor's work after the execution of its work. 22.3. To insure the proper execution of its subsequent work, the Contractor shall measure work already in place and shall at once report to the Town any discrepancy between the executed work and the Drawings. 23. Subcontracts: 23.1. All Subcontracts shall be awarded in conformity with the requirements of the General Laws, Commonwealth of Massachusetts, Chapter 149, Sections 44A to 44L, inclusive. 23.2. The Contractor agrees that it is as fully responsible to the Town for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. 23.3. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Town. 24. Contractor -Subcontractor Relations: _. The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Agreement, the General Conditions of the Contract, the Supplementary General Conditions, the Drawings and Specifications, as far as applicable to its work, including the provisions -of the General Laws, Commonwealth of Massachusetts, Chapter 149, Section 44A, et seq. 25. Indemnification: M - 25.'L 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, 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 anyoneTor 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 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. 25.2. In any and all claims against the Town or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 6 and NELCO any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts. 25.3. 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. 26. The Contractor's Insurance: 26.1. The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 26.1.1. Claims under Worker's Compensation, disability benefit and other similar employee benefit acts; 26.1.2. Claims for damages because of bodily -injury, occupational sickness or disease, or death of its.employees, and claims insured by usual personal injury liability coverage; 26.1.3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal liability coverage; n 26.1.4. Claims for damages because -of injury to or destruction of tangible property, including loss of use resulting therefrom. y 26.2. The insurance required by the above shall be written for not less than the following minimum limits of liability: 26.2.1. Worker's Compensation Insurance Requirements Workers' Compensation coverage as required by the laws of the Commonwealth of Massachusetts. 26.2.2. Liability Insurance Requirements Liability insurance shall include all major divisions and shall be on a comprehensive general basis including Premises and Operations, Owners and Contractor's Protective, Products and Completed Operations, and Owned, Non -owned and Hired Motor Vehicles. All such insurance shall be written for not less than any limits of liability required by law, unless otherwise provided in the contract documents, or the following limits, whichever are greater: (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 7 and NELCO Comprehensive General Liability Insurance (Broad Form) Bodily Injury Property Damage Automobile Liability Insurance Excess Liability (Umbrella) Excess Liability (Umbrella -Subcontractors) $1,000,000 per person $2,000,000 aggregate $1,000,000 per occurrence $2,000,000 aggregate $500,000 per person $1,000,000 per occurrence $10,000,000 $1,000,000 or 1.5 times the value of the subcontract, whichever is higher 26.3. The above insurance policies shall also be subject to the following requirements: 26.3.1. Insurance coverage for the Contractor's Comprehensive General Liability, as hereinafter specified under Paragraph entitled "Protective Liability Insurance" shall be -written by one and the same insurance company to avoid the expense of -duplicate and/or overlapping coverage and to facilitate and expedite the settlement of claims. 26.3.2. Certificates of Insurance acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work. Renewal certificates shall be addressed to and filed with the Town at least ten (10) days prior to the expiration date of required policies. 26.3.3. No insurance coverage shall be subject to cancellation without at least thirty (30) days prior written notice forwarded by registered or certified mail to the Town.. The Town shall also be notified of the attachment of any restrictive amendments to the policies. - 26.3.4. All Certificates of Insurance shall be on the "MIIA" or "ACORD" Certificate of Insurance form, shall contain true transcripts from the policies, authenticated by the proper officer of the Insurer, evidencing in particular those insured, the extent of coverage, the location and operations to which the insurance applies, the expiration date and the above-mentioned notice clauses. 26.3.5. All premium costs shall be included in the Contractor's bid. 26.3.6. All insurance shall be written on an occurrence basis. Coverage shall be maintained without interruption from date of the Contract until date of final payment and termination of any coverage required to be maintained after payment. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 8 and NELCO 27. Protective Liability Insurance: 27.1. The Contractor shall purchase and maintain such insurance as described in the preceding paragraph as will protect the Town from claims which may arise from operations under the Contract, including operations performed for the named insureds by independent contractors and general inspection thereof by the named insureds. 27.2. The Contractor shall also purchase and maintain such insurance as will protect the Town against Automobile Non -Ownership Liability in connection with the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 27.3. The limits of liability for coverage required under the preceding paragraphs shall be as specified under the provisions hereof governing the Contractor's General Liability Policy. 27.4. 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 and amendments, shall be the sole responsibility of the Contractor. 28. Liens: Neither the Final Payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Town a complete release of all liens arising out of the _-Contract, or receipts in full in lieu thereof and, if required .in -either case, an affidavit that as far as it has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed.• The Contractor shall comply with all statutory provisions of the General Laws of the Commonwealth of Massachusetts with regard to liens, Chapter 254 and 149 as amended (as a minimum requirement). ., 29. Guarantees: 29.1. The Contractor guarantees and warrants to the Town that all labor furnished under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 29.2. If at any time any part of the work constructed under the terms of this contract shall in the opinion of the Town Manager require repairing due to defective work or materials furnished by the Contractor, be may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten days of the date of giving it notice thereof and to complete the same to the satisfaction of the Town Manager with reasonable dispatch, then the latter may employ other persons to make such repairs. The Town shall charge the expense thereof to the Contractor and may use any moneys still retained to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 9 and NELCO 29.3. All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or Manufacturer must be delivered to the Town before final payment to the Contractor may be made for the amount of that subtrade or for the phase of work to which the guarantee or warranty relates. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his work in accordance with the Contract Documents. The Contractor's obligation to correct work is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications. This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: —A 41 & The Town of North Andover by: ���0/ ' Town Manager The Contractor.by: Departm nt/Division Head AhN� "" rj,4� -IVOA VCcountant CT- , Certified as to Appropriation (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 10 and NELCO 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 amaylor@townofnorthandover.com January 14, 2016 Mr. Gary Miller Executive Vice President & C00 NELCO 2 Burlington Woods Drive Burlington, MA 01803 Re: NOTICE TO PROCEED — Town Hall Renovation Dear Mr. Miller: Telephone (978)688-9510 Fax (978)688-9556 Pursuant to the Project Manual and associated Addenda issued by the Town of North Andover for the renovation of Town Hall and the former fire station, you are hereby notified to commence work at the start of the business day on Monday, January 25, 2016. A pre - construction project meeting will be scheduled for some time next week. The contract documents to be executed have been sent to you under separate cover. If you have any questions, please contact Ray Santilli, Assistant Town Manager, at 978-688-9516. Sincerely, xlo Andrew W. Maylo Town Manager cc., Ray Santilli, Assistant Town Manager Christopher Logan, Donham & Sweeney Architects Daniel Pallotta, P3 Project Planning Professionals Contract File PAYMENT BOND Bond No.sl) 11310073 KNOWALL MEN BY THESE .PRESENTS, that we NELCO with a place of business at 2 Burlington Woods Drive, Ste. 300, Burlington, MA 01803 as Principal (the "Principal"), and Arch Insurance Company a corporation. qualified to do business in the Commonwealth of Massachusetts, with a place of business at 3 Parkway, Ste. 1500, Philadelphia, PA 19102 as Surety (the "Surety"), are held and firnutloy bmd unto thQown�fr l rth A dc�ven sachusetts as Obligee Four i ion our un re Ron ousahAne (the "Obligee"), in the sum of Hundred Sixty -Nine and no/100 Dollars $4 413,969.00 lawful money of the United States of America, to be paid to the Obligee, forwhich payment, well and truly to be made, we bind ourselves; our respective heirs, execrators, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has assumed and made a contract with the Obligee, bearing the date of 1/19/16 for the construction of former Fire Station into expanded town offices and the interior remodeling of the existing Town Hall per the Project Manual, dated October 29, 2015, and associate rf Addencla-#1=5 NOW, THE CONDITIONS of: this obligation are such that if the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and :in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be -made, notice to the Surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include, but not be limited to, any other purposes or items set out in, and to be subject to. the provisions of Massachusetts General Laws, Chapter 30, Section 39M, and Chapter 149, Section 29, as amended then this obligation shall beconne :null and void; otherv6se, it shall remain in gull force and virtue. IN WITNESS WHEREFORE, the, Principal and Surety have hereto set their hands and seals this 19th day of January, 2016 PRINCIPAL NELCO ,_,9_h41A.,_ [NurivP an Sear j� 7---`:� v • —�CQd (A'itlk.}.1 Attest: SURETY Arch Insurance Company A tornec l oanne Cz�lapinski, Attorney -in -Fact L,Irsh USA, Inc. 20 Church Street, Hartford, CT 06103 [Address] 860-723-5600 [Phone] r Attest: 7P 4-� V to�PPar�crson, Attorney -in -Fact END OF PAYMENT BOND r � .. _ r � a � h 6�U 00 JO�t4V•9! �. +, e..n� e � ��` a �] Q y, � ', � I ` b � ' f O .r Q m /� �� � e� ,a 4.Z �e S rJ t J. doh �� ,., .�^ r. oac���• �.O �{ a �r...ir rr — - — — ,Iq 19Id1' II'Illlilj, I 1119911VjqIplll lu it@III911p ,II, IgIIC. - - - - - Il�piilgplhP� IuIIPlIpI� IlljllllllClll'glljil9l�Im�iuluiVili'"IlPillll1111'�I `'il9llllll6 = - AtC 0000149285 THIS POWER OF ATTORNEY 1S NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. _ This limits thelldlald sllllolf thiol!Is'd'Igl�}a�o1lillged'herein, and the _ _ yjjp� _=�v-, afar -0 bind the Company ez ept m f_he _ =manner ander We extent here!�', stalltel j.]Ilj Not., Val Q°i lidrillMortgage, Nom, ,Bank Depos►t, C�rreney-Rete, ct• Lc�r L r �re # Interest Rate or Residential Valullul �IIII p _ _ = - _ a guarantees. POWER OF ATTORNEY _• = — _ _ _ — _ __=—_ SII IIIIIIIIIII� ipllglullllu''""'�,ur'ul illi6i'! i�91111h I�uplllu,llu�9pllllll i ,III Ipiglllgi.l 11 l j = — K�oW ll PJrsons_By These PreseWs _ _ _ ppilgla 1pplgplll� IVpigplq IIIIpIiIV. gl�ll� Illjllllllt�; - ��I,dludghlllllljlpll IIIIIIII "il lill�ullllllll it j That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: IiIIIRa G t ist tt r L iy, Joanne Czlapmski J"oho Bui1^06Ke11tnd Victoria P. Parhersonmf_4��I BEACH) 11911jIIjU 99P9i '@IIiII VIIII dlllllljlhulhlllj�''llll!9!I', _ __ _ = �IgIIIIIPI'u'llllllll Ili 111 11 � ���IIii�IIIIIIUIIIVIG'�III'lllllll 'llllljllllr _ _ _ _ _ — � of tlmi!Ip,p 6,IIIIIIIIi_ — — — its true and lawful Attorney(s)in-FactJo make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances-and otheer_surety obligations, in the penallisum ridtl"exceeding Nnety�yhf6on C�allars ($90,000,000 = VgVlllplillq[ Illllplhil II' I�dgU91 IIIII911�°jI�IIjil'' - 111ij1 19hlgll ullllp9h II1911IIIhI p glllllll�uuull;ui@II' '1111 Illljl 'Ih911P1u u'I91'�IIUI9�pIIliIIIII l I l���luj. - - Tfirs authority does not permit the s obNigation to be split into two or mo el bonds In order to bring each such bonc�vithin=the dollar limit of authority as set forth herein. The execution of such bonds, undertakings recognizances and other surety obligations in pursuance of these presents shall be as m, llllallslllllllfuV,'jllfardli"I dmg plylll4toilllljall intents and had been dy executed ad eded beyregularly ele)il 1pl lllfie„erslllla•,itslililll,�Illhlll'glklipalIjadministrative ices - G -ft- - W --Jersey. _ _ IIL� I�,,,,,,I�V�Illlu�p uillVlllll�lIIIIIIIIIIIIIIIIII ''"_ - _ - - - __ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 1�OTEp hat he hairman of th r he 'res ie�t r the Executive'IIl elle lP�llllesTifi l lllht;!!I�I III allnl lllllli�l enior Vice Presid t; of he Surma _ l3usmees ivrsion r their appoir e _ naect rr vritieg and filed witf%IIII hIIeIIIIIIISeereta'' ,''IgUor'Ilt„ le IIISe'cretary shall #wave thft_dM d puquVlulglhr a ry,_ authority to appoint agents and attorneys=in-fact, and to authorize them subtest to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process - - I I d°'u l i , 1919119, i 19jIIgIIIjuiIIIiIgVlgn Ijlllllllgjll9l', _ - _ - - _ - - ,gIIIIIIV V911911 j �,Illi�,l,Illlilllllll,UIII9111�IIIglllll. _ - � --- - - _ T �s w r A ney is signedillllllsealedlllgn8,�lelrfillieidllhbylijlfacsimile under�nc_y autF�ri f eollowing resolution ado_p3ed by=the unanimous consent of the Board of IDiredtor� oft 9Company on September=s -01-4: - VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the SN seal of the Company and ertift ns�i Secretary, mayble iaff,xed lib°iyji iiiflla,cs l,m'ile on any power of attoi ey�r . and RII ex_ecatedursuarf to the resolutu�rted t Mater-. of Directors iollnlll Septemb'elll,15iiilll2l'�il� 1i!,Illgand any such power so executed _sealed -and e�rtified' with respectT� lndVram rtakmg to which it is„I,a1taph'e'd, shall-continUe to be valid Ad tiffid�� uTso��he= Company. �- - = - ,�111111�16P'' Ijllpllllj','Igllljlll{ ,IIIIIIII � pll lllllill�lll'llllllhilllllllljh�, _ — _ _ _ _ _ 'IIIIIQIU6i,l9pj9pjll, "II!Igpl9ll 1111111,li�lllhlllhlllloll''�IIIIIIjpIIIIP '9uVlll@= __ _ _ _ __ I„ ��,amipP uiidlilltlll. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. J ' r AIC 0000149285 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 13'" day of April, 2015. Attested and Certified All a,�aKrc'�NiA7E 19-71 asn Patrick K. Nails, Secretary obsoo STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company - - ---- -- --------------- David M. ' MR-ee stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. rmw rr Mb1 PENN SYt rA NIA NOAM SEAM HELEN WAF"Pubk yoiPbUale?�i9,PNa-Cru n 117 _. elen Szafran, tary ubli My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 13, 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TEJY W O I -ave ere�rlto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this _IM of-20 app Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance - Surety Division 3 Parkway, Suite 1500rt�9 Philadelphia, PA 19102 "ArCV AY E Sr,+1U. 1�� M�iSC9f� .�'� OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. im— M � O � 0 2 ih —dvn o � �N 00 —moo moo°' � z� wm idDocs Electronic Bidder Signature. Authorization Form O N L I N E This is a legal document Company Information Vendor Number 1399 Type of entity Corporation Company Nelco Name Address 2 Burlington Woods Drive CitylTown Burlington State Massachusetts Zip Code 01803 Phone (781) 995-2568 Fax (781) 519-2484 By signing and notarizing this document you certify that all information provided is accurate. You also acknowledge that you have read, and understand all the terms and conditions associated with electronic bidding. Your signature on this form authorizes you .to submit electronic bids on behalf of the.vendor identified on this form. State of County of On this W day of C 2015 before me, the A-Ae,signe notary public, _ _ personal{v apaeared, . proved tom rough satifactory evidence which were to be the person whose name is sigftd on the preceding document in my presence 140TARY SEAL Notary Public: G,Y� My Commissin e pair hIE� C�Lk3d NOTARY P Commonwealth' ofOw, setts My Coin missi0n Expires f AA.. 22. gnln -Signature must be by individual listed above and done in blue ink only. Please sign within the box below. Corporate seal Dec 0 8,2015 0 Once the document has been signed and notarized send the original copy to BldDocs ONLINE no later than 3 business days prior to the bid date. This form must be sent visa a delivery service that can trace the delivery to Bid0ocs ONLINE. An electronic bid may not be submitted untess this form is returned directly to BidDocs ONLINE, BidDocs ONLINE P.O. Box 51, 61 Skyfields Drive, Groton, MA 01450 - Phone: (978) 888-3350 - Fax: (978) 449-0469 ©Copyright, BidDocs ONLINE, Inc. All rights reserved. Patent Pending. page 1 / 1 FORM FOR GENERAL BID TO THE AWARDING AUTHORITY: A. The undersigned proposes to furnish all labor and materials required for North Andover Town Hall Renovation [BDO #2353] for the Town of North Andover in North Andover Massachusetts in accordance with Contract Documents prepared by Donham and Sweeney Architects for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. This bid includes addenda numbered: 1, 2, 3, 4, 5 C. The proposed contract price is: Four million two hundred ninety-nine thousand nine hundred sixty-nine dollars $ 4,299,969.00 For alternate No 1 Add $ 6,000.00 Subtract $ .00 For alternate No 2 Add $ 34,000.00 Subtract $ .00 C For alternate No 3 Add $ 32,000.00 Subtract $ .00 For alternate No 4 Add $ 42,000.00 Subtract $ .00 C D. The subdivision of the proposed contract price is as follows: ITEM 1. The work of the general contractor, being all work other than that covered by ITEM 2. TOTAL OF ITEM 1 .................................. $ 1,963,792.00 ITEM 2. Sub -bids as follows: Sub -trade Name of Filed Sub -bidder Sub -Bid Amount Bond Required ason ha man Waterproofing $224,100.00 No etal Fabrications DM Construction $159,000.0 Yes ampproofing, Waterproofing nd Caulking hapman Waterproofing $25, 1 00.00 No oofing and Flashing he Aulson Company, LLC $220,000.00 Yes lass and Glazing izotte Glass, Inc. $102,290.0 Yes esilient Flooring est Floor Covering, Inc $43,952.001 No aintin rizos Contracting, LLC $71,200.01 Yes coustical Ceiling Systems <&K Acoustical Ceilings, Inc. $63,460.0 No arble Stone Flooring a ital Carpet & Flooring Specialists, Inc $98,625.0 Yes Fire Protection Rustic Fire Protection $59,950.0 Yes lumbin aPan Mechanical inc. $170,800.0 Yes HVAC <MD Mechanical Corp. $787,700.Oq Yes Electrical EGCO ELECTRIC. $310,000.00 Yes TOTAL OF ITEM 2 .................................. $ 2,336,177.00 Form for General Bid 1 OF 2 f The undersigned agrees that each of the above named sub -bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub -bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this bid. The undersigned agrees that if he is selected as general contractor, he will promptly confer with the awarding authority on the question of sub -bidders; and that the awarding authority may substitute for any sub -bid listed above a sub -bid filed with the awarding authority by another sub -bidder for the sub -trade against whose standing and ability the undersigned makes no objection; and that the undersigned will use all such finally selected sub -bidders at the amounts named in their respective sub -bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, the total contract price being adjusted to conform thereto. E. The undersigned agrees that, if he is selected as general contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. It M The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health =o Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish CL " documentation of successful completion of said course with the first certified payroll report for each employee; and that m w ' he will comply fully with all laws and regulations applicable to awards made subject to section 44A. Cn o The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under c penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the C z Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. Nelco NAME OF BIDDER I IIIIII VIII IIII IIIIII VIII VIII VIII VIII VIII VIII IIII IIII Nelco, Gary Miller - EVP/COO Dec 08, 2015 SIGNATURE & TITLE OF PERSON SIGNING BID 2 Burlington Woods Drive, Burlington, MA 01803 BUSINESS ADDRESS Form for General Bid 2OF2 PERFORMANCE BOND Bond No. 51) 1130-73 KNOW ALL MEN BY THESE PRESENTS, that we NELCO I with a place of business at 2 Burlington Woods Drive, Ste. 300, Burlington, MA 01803 as .Principal (the "Principal"), and Arch Insurance Company do business in the Commonwealth of Massachusetts, with a place of business at 3 Parkway, Ste. 1500, Philadelphia, PA 19102 a corporation qualified to as Surety (the "Surety"), are held and tir lir 'ont'our ur��red h 'e' �pggg�d*A�achusetts as Obligee (the "Obligee"), in the sum of Hundred Sixty -Nine and no/100 Dollars ($4 413 969.00) lawful money of the United States of America, to be paid to the Obligee, for which payment, well and truly to be spade, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has assumed and made a Contract with the Obligee, bearing the date of 1/19/.16 former Fire Station into expanded town offices and the the-extstirsJ-AlVlanual,dat 9c-teber-2-9; 2015, and associated Addenda #1-5 NOW THE CONDITIONS of this obligation are such that ifthe Principal (and all Subcontractors under said contract) shall well and,truly keep and perforin all the undertakings, covenants, agreement, terns and conditions of said contract on its part to be kept and performed during; the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life and any guarantee required under the contract, and shall also well and truly keep and perform all theundertakings, covenants, agreements, terns and conditions of any and all duly authorized modifications, alterations, changes or additions with notice to the Surety being hereby waived; then this obligation shall become null and void; otherwise, it shall remain in full force and virtue. IN THE EVENT the Contract is abandoned by the Principal, or is terminated by the Town of North Andover; Massachusetts under the applicable provisions of the Contract, the Surety hereby further agrees that the Surety shall, if requested in writing by the `fawn of North Andover, Massachusetts promptly take such action as is necessary to complete said Contract in accordance with its terms and conditions. IN WITNESS WHEREOF, the Principal and Surety have hereto set their hands and seals this 19th day d January, 2016 PRINCIPAL NELCO SURE'T'Y Arch Insurance Company tto I 1 Inc. a]] Joanne C Iaz pmski, Attorney -in -Fact 2 Church Street, Hartford, CT 06103 [Address] 860-723-5600 A [Phone] Attest: Vic ria P. Parkerson, Attorney -in -Fact .END OF PERFORMANCE BOND 2 0 i n B \A� •••Pr B, to ` 3 1 ! A� �® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 01/2 /2 6) 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 - Willis of Massachusetts, Inc. c/o 26 Century Blvd. P. 0. Box 305191 PHONE 877-945-7378 FAx 888-467-2378 MAIL -certificates@willis.com Nashville, TN 37230-5191 INSURER(SAFFORDINGCOVERAGE NAIC# INSURERA:Starr Indemnity and Liability Company 38318-000 2/31/201512/31/201 INSURED New England Lead Burning Company, Inc. INSURERB:National union Fire Insurance Company of 19445-900 INSURERC:Federal Insurance Company 20281-076 NELCO Two Burlington Woods Drive Suite 300 INSURER D: INSURER E: Burlington, MA 01803-4550 INSURER F: pANU ENTED PREMISES aoccurence $ 100,000 COVERAGES CERTIFICATE NUMBER: 24091744 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ITR TYPEOFINSURANCE DDL INSIL SUB Am pOLICYNUMBER POLICY EFF POLICYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY y 1000025335151 2/31/201512/31/201 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR pANU ENTED PREMISES aoccurence $ 100,000 MED EXP (Any one person) $ 5 000 X XCU Included X Contractual Liability PERSONAL& ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 4,000,000 Deductible $ 100,000 OTHER: A AUTOMOBILE LIABILITY Y SISIPCA08250015 12/31/2015 12/3 1/2 016 (CEO�MaBINEEDSINGLELIMIT $ 1,000,000 BODILY INJURY(Per person) $ X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Peraccident) $ X HIREDAUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Peraccident) $ $ B X UMBRELLA LIAB X OCCUR y BE010338673 2/31/2015 12 /3 1/2 016 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I g RETENTION $ 10,000 $ C WORKERS COMPENSATION 0044724182-04 2/31/201512/31/201 XqPF AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEa OFFICERNEMBEREXCLUDED? 'Mandatory in NH) Ms, describe under CRIPTIONOFOPERATIONSbelow NIA 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 / LOCATIONS / VEHICLES (ACORD 101, Additonal Remarks Schedule, may be attached If more space Is required) Umbrella applies excess of General Liability, Auto Liability and Employers Liability. NELCO Job#TBD Job#1406.00 Project Description: North Andover Town Hall renovation Town of North Andover Massachusetts is included as an Additional Insured as respects to General ILiability. Auto Liability and Umbrella/Excess Liability as reauired by written contract, 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 Town of North Andover Massachusetts 120 Main Street North Andover, MA 01845 Collz4838933 Tn1:2026137 Cert:24091744 ©1988-2014ACORD CORPORATION. All riahts reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACO UR AGENCY CUSTOMER ID: 132456 LOC#: ADDITIONAL REMARKS SCHEDULE Page-2—of 2 AGENCY NAMED INSURED New England Lead Burning Company, Inc. Willis of Massachusetts, Inc. NELCO Two Burlington Woods Drive Suite 300 POLICY NUMBER See First Page Burlington, MA 01803-4550 CARRIER NAIC CODE EFFECTIVEDATE: See First Page See First Pae ADDITIONAL REMARK5 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. ACORD 101 (2008101) Coll:4838933 Tpl:2026137 Cert:24091744©2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD *Starr Indemnity & Liability Company Dallas, TX 1466-519-2522 AMENDMENT - NOTICE OF CANCELLATION FOR THIRD PARTIES Policy Number: 1000025335151 Effective Date: 12/31/2015 at 12:01 AM Named Insured: New England Lead Burning Company, Inc. This endorsement modifies the insurance coverage l orm(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please rad the endorsement and respective policy[les) carefully. Auto Dealers Coverage Form, Business Auto Coverage Form, Bus -mess Auto Physical Damage Coverage Form, Commercial General Liability Coverage Form, Contractor's Pollution Liability Coverage Form, Electronic Data Liability Coverage Form, Excess Liability Policy Form, Garage Coverage Form, Liquor Liability Coverage Form, Motor Carrier Coverage Form, Owners And Contractors 'Protective Liability Coverage Form -Coverage For Operations Of Designated Contractor, Pollution Liability Coverage Form Designated Sites, ProductsiCompieted Operations Liability Coverage Form, Product Withdrawal Coverage Form, Professional Liability Coverage f=orm, Railroad Protective Liability Coverage Form, Site Pollution Liability Coverage Foray Special Protective And Highway Liability Policy -New York Department Of Transportation, Truckers Coverage Form, Underground Storage Tank Policy Designated Tanks. It is agreed that in the event the 'Insurer" cancels the policy for any reason other than non-payment of premium, the'Frst Named Insured' must, within five (5) days of receiving the notice of cancellation, provide the "Insurer", either directly or through the retail broker, with a written list of certificate hotder(s) (Schedule) that the'First Named Insured' is contractually obligated to no* in the event tint the policy is cancelled. The'Schedule' must specify the name and current email address of a contact for each certificate holder. The Insurer' wil endeavor to provide thirty (30) clays' notice of cancellation to the certificate holder(s) listed in the 'Schedule' by email. The Insurer" agrees to provide such notice of cancellation at a rate of $10 per notified certificate holder up to a maximum of $25,000 for this policy. This notification of a pending cancellation of coverage is intended as a courtesy only. The 'Insurers' failure to provide such notice wig neithw extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the 'Insurer', its agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, the cancellation of this policy or the effective date of cancellation. The following dermitions apply to this endorsement: 1. 'First Named Insured' means the named insured shown in the Declarations Page of this policy. 2. 'insurer' means the insurance company shown in the header on the Declarations Page of this policy. 3_ 'Scthedule means the written list of certificate holder(s)- AI otherterrns and conditions of this Policy remain unchanged. Manuscript Page 1 of 2 Copyright&TStarrindemnity & LiablityCompany. AlI dghts resemed. Incudes copyrighted maiedal of ISO Properties, Inc, used with its permission. Starr Indemnity & Liability Company Dallas, TX 1-86""2522 AMENDMENT — NOTICE OF CANCELLATION FOR THIRD PARTIES Policy Number: SISIPCA08250015 Effective Date: 12/3112015 at 12:01 AM. Named Insured: New England Lead Burning Company, Inc_ This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective poticy(ies) care". Auto Dealers Coverage Form, Business Auto Coverage Form, Business Auto Physical Damage Coverage Form, Commercial General Liability Coverage Form, Contractor's Pollution Liability Coverage Form, Electronic Data Liability Coverage Form, Excess Liability Policy Foam, Garage Coverage Form, Liquor Liability Coverage Form, Motor Carrier Coverage Form, Owners And Contractors Protective liability Coverage Form -Coverage For Operations Of Designated Contractor, Pollution Liability Coverage Form Designated Sites, ProductslCompleted Operations Liability Coverage Form, Product Withdrawal Coverage Form, Professional Liability Coverage Form, Railroad Protective Liability Coverage Form, Site Pollution liability Coverage Form, Special Protective And Highway Liability Policy -New York Department Of Transportation, Trackers Coverage Form, Underground Storage Tank Policy Designated Tanks. It is agreed that in the event the'insufer' cancels the policy for any reason other than non-paymentof premium, the'First Named insured' must, within five (5) days of receiving the notice of cancellation, provide the 'Insurer', either directly or through the retail broker, with a written tial of certificate holder(s) (`Schedule') that the First Named Insured' is contractually obligated to notify in the event that the policy is canceled. The `Schedule` must specify the name and current email address of a contact for each certificate holder. The 'Insurer' will endeavor to provide thirty (30) days' notice of cancellation to the certificate holder(s) listed in the 'Schedule' by email. The 'Insurer" agrees to provide such notice of cancellation at a rate of $10 per notified certificate holder up to a maximum of $25,000 for this policy. This notification of a pending cancellation of coverage is intended as a courtesy only. The 'Insurer's failure to provide such notice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the 'Insurer', is agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, the cancellation of this policy orthe effectivedate of cancellation- The ancellation The following definitions apply to this endorsement 1. 'First Named Insured' means the named insured shown in the Declarations Page of this policy. 2 'Insurer' means the insurance company shown in the header on the Declarations Page of this policy. 3. 'Schedule means the written list of certificate holder(s). All othertenns and conditions of this Policy remain unchanged. Manuscript Page 1 of 2 Copyright V Starr indemnity A Liablity Company. All iyjhts resrrved. Includes copyrighted materia] of ISO Properties. Inc., used with its permission. POLICYNUMBER: SISIPCA08250015 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. DESIGNATED INSURED This endorsement modits insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsemerd Identifies person(s) or organizations) who are insureds' under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not atter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 12/31/2x15 Ccurdersigned By: Named Insured: NEW EUGLAND LEAD BURNING COFFANY, INC -(Authorized Representative)_ SCHEDULE Name of Persons) or Organtration(s): Where required by vritter, contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an insured" for Liability Coverage, but only to the extent that person or organization qualifies as an 'insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page / of 1 9 POLICY NUMBER: SISIPC&08250015 COMMERCIAL AUTO CA 0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Foran apply unless modl- fied by the endorsement This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. famedInswed: NEN ENGLAND LEAD BURNING COMPANY, INC_ Indorsement Effective Date: 12131/2016 SCHEDULE flame(s) Of Person(s) Or Organtmtion(s): Where zequired by written contract Information required to complete this Schedule, If not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Otb- am To Us Condition does not apply to the persons) or organizations) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident' or the 'loss' ander a contract with that person or organization. CA 04 44 0310 0 Insurance Services Office, Inc., 2009 Page 1 of 1 9 *Starr Indemnity & Uability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Omnibus Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization Endorsement Policy Number: 1000025335161 Effective Date: 12/31/2016 at 12.01 A.M. Named Insured: New England Lead Buming Comparry, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective poliicyfies) carefully. COMMERCIAL_ GENERAL LIABILITY COVERAGE PART It is hereby agreed as Follows: 1. The following applies to construction contracts requirtieg: a_ ISO Additional Insured endorsement CG 2010 10 01; or b. ISO Additional Insured— Owners, Lessees or Contractors- (Foran B) endorsement CG 20 10 11 85 or its equivalent on the insurance policy: SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement vnll be shown in the Declarations as applicable to this endorsement.) A. Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured_ B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after. MANUSCRIPT Page 7 of 4 Copyright 4r C. V. Starr a Company and Starr Indemndy S Liability Company. AI1 rights reserved. Includes copyrighted material of ISO Properties, Inc- used with its permission. *Starr Indemnity & Uability Company Dallas, TX 14W&519-2522 (1) AM work, including malerrals, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2_ Subject to paragraph 1. above, the following applies to construction contracts requiring ISO Additional Insured endorsement CG 2010 07 04 on the insurance policy: SCHEDULE Name Of Additional Insured Persons Or O anization s Location(s) Of Covered Operations Where required bywritten contract 'Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11- Who Is An Insured is amended This insurance does not apply to "bodity to include as an additional insured the injur)r or "property damage oacurring alter: person(s) or organizations) shown in the Schedule, but only with respect to liability for 1. AN work, it lading materials, parts or "bodily injury", 'property damage" or equipment furnished in connection with "personal and advertising injury" caused, in such work, on the project (other than whole or in part, by: service, maintenance or repairs) to be performed by or on behalf of the 1. Your acts or omissions; or additional insured(s) at the location of 2. The acts or omissions of those acting on the covered operations has been your behalf; in the performance of your completed' or ongoing operations for the additional 2. That portion of 'your work" out of which insured(,) at the location(s) designated the injury or damage arises has been above. put to its intended use by any person or B. With respect to the insurance afforded to organization other than another these additional insureds, the following contractor or subcontractor engaged in additional exclusions apply: perfom►ing operations for a principal as a part of the same project MAf1USCMPT Page 2 of 4 Copyright 0 C. V. Starr 8 Comparry and Starr Indemnity 8 Liability Company. Ail rights reserved. Includes copyrighted material of ISO PIropedies, Inc_ used with its permission. Starr indemnity & viability Company Dallas, TX 1-866-519-2522 3. Subject to paragraphs 1 _ and 2. above, the following applies to all other construction contracts, including specificaflythose contracts requiring ISO Additional Insured endorsement CG 2010 0413 on the insurance policy. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Dedarations. A. Section Il - Who Is An Insured is amended required by the contract or agreement to to :include as an additional Insured the Provide for such additional insured. person(s) or organization(s) shown in the B. With respect to the insurance afforded to Schedule, but only with respect to liabhlity for these additional insureds, the following *bodily injury', "property damage" or additional exclusions apply: `personal and advertising injury" caused, in whole or in part, by This insurance does not appy to `bodily injury* or �ropedy damage` occurring after: 1. Your ads oromissions- or ' 1. AN work, including materials, parts or 2. The acts oromissions of those acting on equipment famished to connection with your behalf; such work, on the project (other than in the performance of your ongoing service, maintenance or repairs) to be operations for the additional insureds) at performed by or on behalf of the the location(s) designated above. additional insureds) at the location of the covered operations has been However completed; or 1. The insurance afforded to such 2. That portion of your work" out of which additional insured only applies to the the injury or damage arises has been extent permitted by law; and put to its intended use by any person or 2. If coverage provided to the additional orgarrd7Atlon other than another insured is required by a contract or contractor or subcontractor engaged in agreement, the insurance afforded to performing operations for a principal as such additional insured will not be a part of the same project broader 'than that which you are MANUSCRIPT Page 3 of 4 Copyright 91 C. V. Starr & Company and Start IndamnHy 8 Liabi ity Company_ All rip3ds reserved Includes copyrighted matmial of 190 Properties. hm- used with its permission. Starr indemnity& Liability Company Da®as,TX 1-8665-519,2592 C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we wig pay an behalf of the additional insured is the amount of insurance: All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY 8 LIABILITY COMPANY 1. Required by the contract or agreement; or 2. Available under the applicable 'Limits of Insurance shown in the Declarations; whicheveris teas_ This endorsement shall not increase the applicable Linilt of Insurance shown in the Declarations. Charles H. Dangelo,-President Nehemiah E. Ginsburg, Gene ounsei MANUSCRIPT Page 4 of 4 Copyright 0 C. V_ Starr & Company and Starr Indemnity S LiaWfity Company. MI rights reserved. I n hides copyrighted material of 190 Properties. Inc, used with its permission. t .r Starr Imlemrrity & LiabMity Company Dallas, TX 1-666579-25.22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Omnibus Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement Policy Number. 1000025335151 Effective Date: 12!31!2015 at 12.01 A.M. Named Insured: New England Lead Burning Company, Inc. This endorsement modifies the insurance coverage form(s) fisted below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective poficy(ies) corefully. COMMERCIAL GENERAL UASILITY COVERAGE PART It is hereby agreed as follows 1. The following applies to construction contracts requiring: a. ISO Additional Insured endorsement CG 2D37 10 01; or b. ISO Additional Insured — Owners, Lessees or Contractors- (Foran 0) endorsement CG 20 10 11 85 or its equivalent on the insurance policy: SCHEDULE Name of Person or Organization: Where required by written contract Where required by written contract (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) MANUSCRIPT Page 1 of 3 Copyright V C. V. Stan & Company and Stan Indemnity 8 Liahgily Company. All rW is reserved. Includes eopydghted material of ISO Properties, Inc„ used rdth its permission. *Stafr Indemnity & Liability Company Dallas, TX 1-BBM19-2522 Section 0 — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to It$haity arising out of "your work' at the location designated and described in the schedule of this endorsement performed for that insured and included in the *produds- completed operritions hazard". Subject to paragraph 1. above, the following applies to construction contracts requiring ISO Additional Insured endorsement CG 20 37 07 04 on the insurance policy: SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section It - Who Is An Insured is amended to indude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to lability for 'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". Subject to paragraphs 1. and 2. above, the following applies to all other construction contracts, including specifically those contracts requiring ISO Additional Insured endorsement CG 20 37 04 13 on the insurance policy: MANUSCRIPT Page 2 of 3 CepyrW C C. V. Starr a Company and Starr indemnity a uablity Company. an.Wft resened inchrdes copyrighted materia' or ISO Properties, Inc., used with its permission. *Starr Indemnity & liability Company Dallas, TX 1-866-519-2522 SCHEDULE Name Of Additional Insured Persons) Or Organization(s): Location And Description Of Completed Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to fabfity for Rnodily injury" or "property damage caused, in whole or 6n part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the 'products -completed operations hazard However. 1. The insurance atfoded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are All otherterms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY required by the contract or agreement to provide for such additional insured. B. With respect to Bre insurance afforded to these additional insureds, the Mowing is added to Section III —:Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under Bre applicable Limits of Insurance shown in the Declarations; whichever is Less_ This endorsement shell not increase the applicable Limits of insurance shown in the Declarations. Charles H. Dangelo, President Nehemiah E. Ginsburg, General ounsel MANUSCRIPT Page 3 of 3 Copyright V C. V. Starr & Company and Starr Indemnity & Liability Company. AO rights reserved. Includes copyrighted material of ISO Properties. Inc., used w7h its permission. Stair Indemnity & Liability Company Dallas, TX i4 )&519-2522 Primary and Non -Contributory Condition Policy Number 10000TBD #1000025335151 Effective Date: 12/3112015 Named k1sured: New England Lead Buming Company, Inc. This endorsement modifies insurance par vided under the: Commercial General Liability Coverage Part A. SECTION IV-CONDJTJONS, condition 4- Other Insurance is amended asfollows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary inumnce as respects our coverage to the additional insured, abere the written contract or written agreement requires that fhs insurance be primary and iron-conlnbukxy. in that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is Named Insured. All OTHER TERMS AND CONDITIONS REMAIN UNCHANGED_ Signed for STARR INDEMNITY & LIABILITY COMPANY 9+rt ` f.&u CLrJeS Dangelo;'A" en lftnemtwi E. Gins nrg, Genera unset OG 107(934111 ) Page 1 of 1 Copyngrn 0 C. V. Starr & CoWany .and Sllw indemnity & uavity company. hl r4ftE msenled. includes copyngfted matenal w iSo Praperdes, InC., used W,'Jf nE penPosslon. POLICY NUMBER: 1000025335151 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Ttfs endorsement modfies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Mame Of Person Or Organization; Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The R Oowing is added to Paragraph B. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions: We waive arty right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage ansir►g out of your ongoing operations or 'your work" done under a ,contract with that person or organization and included in the 'producls- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 QD Insurance Services Office, Inc., 208 Page 1 of 1 It r:9 WORKER'S COMPENSENTATION AND EMPLOYERS' LIBAILITY INSURANCE POLICY AMENDMENT - NOTICE OF CANCELLATION FOR THIRD PARTIES This Endorsement effective on t 2134120 t5 W 12-01 A. M. standard time, Fours a part of (DATE) Poricy No. DD4 4724182 04 of the FEDERAL INSRUANCE COMPANY (NAME OF TETE INSURNACE COMPANY) Issued to NEW ENGLAND LEND BURNING COMPANY, INC. Authorized Representative This endorsement modes the insurance coverage fonn(s) that has been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective poficy(ies.) carefully. It is agreed that in the event the Insurer' cancels the policy for any reason other than non-payment of premium, the Fest Named Insured"must, within five (5) days of receiving the notice of cancellation, provide the Insurer", either directly or through the retail broker, with a written fist of certificate holder(s) ('Sdmdu)e) that the'First Named Insured' is contractually obligated to notify in the event that the policy is cancelled. The `Schedule! must specify the name and current email address of a contact for each certificate holder. The 'Insurer° will endeavor to provide thirty (30) days' notice of cancepation to the certificate holder(s) fisted in the 'Schedule by email. The Insurer' agrees to provide such notice of cancellation at a rate of $10 per notified certificate holder up to a maximum of $25,000 for this poky. This notification of a pending cancellation of coverage is intended as a courtesy only. The 'insurers' failure to provide such notice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure restdt in obligation or liability of any kind upon the Insurer', its agents or representatives. This endorsement does not affect in any way, coverage provided under this policy, the cancellation of this policy or the effective date of cancellation_ The following definitions apply to this endorsement- 1. ndorsement 1. 'First Named Insured' means the named insured shown in the Declarations Paged this policy. 2. 'insurer' means the insurance company shown in the header on the Declarations Page of this policy. 3_ "Schtedule" means the written fist of certificate holder(s). All other terms and conditions of this Policy remain unchanged. This endasen*M changes Ore policy io vKmh it is anadred and is Okcfive m the date issued unless oiherw;se stated. (Fhe infamution hilae is required only when this endorsement is issued subsequent to preparation of the palicy.) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC QQ 03 13 (6d- 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the rightto recover our payments from anyone liable for an injury covered by this polity_ We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule person or organization to whom you beomm obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. trots endorsement Manges the policy to bntrch It Is attadied and Is etrec the an the date issued unless 01MMee stated. [rhe Indo matron below Is requM any utter true err Wsment Is Issued wbseWert bx preparation orthe pWW.) EndorsementEReettue: 11213V2015 a01111nto_0044724182 EndorsemertNa: insured:M' ENGLAND LEAD BURNING CO.. INC. Premium: Insuranoecompany: FEDERAL INSURANCE COMPANY Counnerslgred t . WC 00 03 13 (Ed.04-84) Page 1 of I r MM0 D C i I -- Form W'9 Request for Taxpayer Depart Department Identification Number and Certification Department of the Treasury lntemal Revenue Service CV W a 0 t o IE CL N W m rn Name (as shown on your income tax New Enaland Lead Burnino dba NELCO Inc. name, it arnerent trorn above Give Form to the requester. Do not send to the IRS. Check appropriate box for federal tax classification: I Exemptions (see instructions): ❑ individual/sole proprietor ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trusvestate Exempt payee code (d any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) lo. Exemption from FATCA reporting code (If any) ❑ Other (see instructions) 11- Odress (number, street, and apt, or suite no) Requester's name and address (optional) 2 Burlington Woods Drive Suite 300 City, state, and ZIP code Burlington, MA 01803 List account numberis) here (ootional) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 77N on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. allMMUUUUUE Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S: citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (d any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandor)p�gnt of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than intetest�and dividends, you are not required to sign the certification, but you must provide your correct T1 N. Seethe Instructions on oaoe 3. i n / / • SignI . signature of %,/ Here U.S. person ► ��., Date ► 011, �) I lwl a General Insffu5tions,- Section references are to the Internal Revenu unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you In settlement of payment card and third parry network transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only H you are a U.S. person (Including a resident alien), to .provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waking for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding H you are a U.S, exempt payee. If applicable, you are also cart ng that as a U.S. person your allocable share of withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, Me rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, H you are a U.S. person that is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. any partnership Income from a U.S. trade or business is not subject to the Cat. No. 10231 X Form W-9 (Rev. 6-2013)