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HomeMy WebLinkAboutContract #: 804 - From: 03-18-2015 To: 12-31-2015 - Aquatic Control Technology - Town of North Andoverr - TOWN OF NORTH ANDOVER CONTRACT CONTRACT#2Q� DATE: 03-/60-00/,s' This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Aquatic Control Technology Address: 11 John Road Sutton, MA 01590 Telephone Number: 508-865-1000 Fax Number: 508-865-1220 1. This is a Contract for the procurement of the following: Aquatic Management Program at Stevens Pond for calendar year 2015 per the proposal dated January 28, 2015 (attached) 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Amount not to exceed $14,835 3. Payment will be made as follows: Upon completion of task and receipt of invoice (net 30) 4. Definitions 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 1 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before December 31, 2015, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 2 8. Termination and Default 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. 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 (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 3 procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the 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. (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 4 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. Assiannient 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 EnforceabilityAgainst the Town This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 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. (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 5 18. Indemnification The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of 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, (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 6 publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Pam The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject 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. (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 7 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 28. Supplemental Conditions The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology 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 4ffivl-isiepartment Head Contract anager /%/(IAf T wn Manager Date THE CONTRACTOR COQ rol T -PC�1 Okqj)ah(y Company Name � Signature Date A&M 1), y 119"J, �,�S t A Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: _�RKKOC�Qlpj�7 1. Townccountant Date (Rev 5-2007) Contract by and between Town of North Andover and Aquatic Control Technology Page 9 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover and Aquatic Control Technology, which Contract is a contract for the procurement of services. 2. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 3. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. 4. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, § 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $2 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 1 and Aquatic Control Technology expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No '11fl-I JD � ,, - ToWV Acc untant Date: TOWN OF NORTH ANDOVER Town Manager epar ent/Division Head THE CONTRACTOR: 0 'J& I A I J- V'P� r PrA" (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and Aquatic Control Technology AQUATIC CONTROL TECHNOLOGY POND AND LAKE MANAGEMENT SPECIALISTS January 28, 2015 Town of North Andover c/o Mr. Bruce D Thibodeau, P.E. 420 Great Pond Road North Andover, MA 01845 Re: 2015 Proposal/Agreement for the Aquatic Management Program at Stevens Pond — North Andover, MA Dear Mr. Thibodeau: Please accept the following as our 2015 Management Proposal/Agreement for continued algae control services at Stevens Pond. Although the 2014 Sonar herbicide treatment was effective at controlling the targeted fanwort growth, we feel that because of the threat this particular plant poses to Stevens Pond that the Town should be prepared to manually hand -pull any regrowth in Stevens Pond should the need arise. For this reason we have included a cost for a one day manual hand - pulling effort as a contingency. Based on the success of last year's algae management program we are recommending a similar approach in 2015. Scope of Services Aquatic Control will prepare and file the required annual MA DEP permit that is required for the application of chemicals (alum, and SeClear algaecide) to the pond. Once we are in receipt of an approved permit, Aquatic Control will perform the pre-treatment inspection to gauge the timing of the various management tasks. All treatments will be performed by Aquatic Control's MA licensed pesticide applicators. Pond shorelines will be posted with warning signs immediately prior to treatments. The printed signs will indicate the temporary water -use restrictions to be imposed following the treatment. Nutrient Precipitation Treatment (alum) Stevens Pond has been subject to cyanobacteria (blue-green algae) blooms that degrade overall water quality and increase risk to human health resulting from cyano -toxin exposure. Therefore, in keeping with the long-term management focus of the Town, we feel that it is prudent to continue with an early season low-dose alum treatment for the reduction of available nutrients (phosphorus) in order to limit cyanobacteria growth. The program scope is as follows. The low-dose alum treatment will be scheduled for a period of favorable forecast before the onset of abundant microscopic algae growth, but following the heavier spring flows (mid May -early June). An aluminum dose of about .1 ppm will be sprayed over the entire surface of the pond using a shallow draft ion boat equipped with a calibrated chemical pumping system. The pH of the water will be monitored throughout the course of the alum treatment. Nuisance Algae Control The relative algae density will be monitored using a Secchi disk following the alum treatment. In the event that nuisance algae conditions arise a SeClear (copper algaecide and water quality enhancer) will be applied to alleviate bloom conditions. Based on algae growth conditions experienced in the past we recommend being prepared to perform at least one SeClear application to protect against Aquatic Control Technology 11 John Road • Sutton, MA 01590-2509 • (508) 865-1000 • Fax (508) 865-1220 • info(0)aquaticcontroltech.com the possible development of harmful bloom conditions. Similar to previous SeClear treatments, the liquid algaecide will be diluted with pond water and then applied, as a surface spray to the designated portion of the pond. Fanwort Control In addition to algae control, we feel that it is necessary to be prepared to selectively maintain fanwort control in Stevens Pond. For this reason we recommend that the Town be prepared to manually remove low level fanwort regrowth should it occur. Manual Hand-Pullina Due to the relatively limited infestation of fanwort observed in Stevens Pond in 2014, we feel that should regrowth occur it will best be address through manual hand -pulling. Aquatic Control will provide two divers/snorkelers and a ion boat for a day. This crew will geospatially reference each area of fanwort growth in Stevens Pond and physically remove it. All removed plant material will be disposed of at an off-site upland location. Monitoring Although no water quality or algae monitoring was conducted in 2014, we feel that discretionary algae sampling and toxin testing should be included in the program as a contingency. Three discretionary algae samples will be collected and analyzed by count and enumeration. In addition, Aquatic Control will collect two samples for analysis of cyano -toxin levels if bloom conditions arise. Reporting A final project completion report will be prepared that outlines the results of any sampling conducted and the management tasks performed. Tentative 2015 Schedule of Performance • File MA DEP permit(s) application....................................................................................................February • Pre-treatment Inspection.....................................................................................................................mid April • Low-dose alum treatment.............................................................................................. mid May -early June • Follow-up SeClear algaecide treatment(s), if required............................................................. July -Sept. • Interim inspections......................................................................................................................late June-Spet. • Manual hand -pulling of fanwort in Stevens Pond, if required ....................................................late July • Post-treatment inspections..............................................................................................................late August • Year -End Report............................................................................................................................................Dec. Client Responsibilities It would be your responsibility to comply with the following: • Pre-treatment notification to the pond residents and or abutting property owners of the proposed treatment dates and any temporary water use restrictions in effect following treatment. Aquatic Control to provide written notices to the Town for distribution, if requested. • Compliance and enforcement of temporary water -use restrictions. • Verification that no pond abutter nor persons downstream within one mile of the pond draw water from the pond or waterway for irrigation or any other purpose. AQUATIO COMOLTEONNOLOGY 2 POND AND LAKE MANAGEMENT SPECIALISTS Cost and Payment Schedule Permitting FY2015 FY2016 ■ Prepare and file MA DEP License to Apply Chemicals $150 Nutrient Precipitation ■ Perform low-dose alum treatment for the removal of available phosphorus $7,850 Nuisance Algae Control ■ Perform SeClear algaecide treatments as necessary to prevent algae bloom conditions — recommend one treatments @ $3,360 treatment, if required $3,360 Fanwort Control ■ Perform manual hand -pulling of fanwort in Stevens Pond, if necessa ry $1,050 Monitoring ■ Three algae samples for ID and count by enumeration $375 ■ Two algae toxin samples — collection & analysis, if necessary $550 $550 Reporting ■ Prepare Year -End Report $950 Total Fiscal Year Breakdown 1 $8,550' 1 $6,285' ' — These program totals include tasks that have been listed as contingencies for the 2015 management program. The Town will only be billed for the program services that are performed. Invoices will be submitted upon completion of each management task. Payment, in full, will be due within 30 days of the issuance of each invoice. Specific, mutually agreeable dates) for chemical treatment will be scheduled with the Townin advance. Our ability to proceed.with this treatment program is contingent upon the receipt of this Agreement in a timely manner, therefore, we request that you return a signed copy to our office as soon as possible or before February 11, 2015. If you are unable to sign at this time or if you have any questions, please do not hesitate to call our office. We appreciate your past business and are looking forward to working with you again in the year ahead to maintain desirable conditions in Stevens Pond. Please feel free to contact us if you have any questions. Sincerely, AQUATIC CONTROL TECHNOLOGY ACCEPTED BY: Town of North Andover Marc D. Bellaud President/Aquatic Biologist (sign name) (print name) (date AQUATIC CONTROLTECNNOL08Y 3 POND AND LME MANAGEMENTSPECIALISTS CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the As±a ,c ('64 -of Tec4nokg held on 3rd o�O i it was VOTED, THAT Ma I'C . '43e Ito, ud (Name) �f.PS tdc ✓►� (Officer) of hpo h Cisn>'rm T ti,,,,l, be and hereby is authorized to execute contracts and bonds in I dchndio � the name and on behalf of said G aAAn-e- � o� , and affix ts' corporate seal hereto; and such execution of any contract or obligation in the name of vc'v,Z. Col cd t PCY n66n-) its behalf by such officer under seal of , shall be valid and binding d l upon (AA '1 r o< 01 ?j I hereby certify that I am the clerk of the above named c, n and that &.rc- is the duly elected officer as above of said C' m , and that the above vote has not been amended or rescinded and remains in fulII- orce and effect as the date of this contracf---1 13 l (D te) Certification of the Corporate Clerk CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature ao,,Lc ate 3x35 Ma ✓-c !(avd,, Pc -r artsid Af A-qy he- Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I 4rc D. & (laud , authorized signatory for 49Uaf«- 7rctino�cgq Name of individual IName of contractor I I do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date ® ,°►� o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 02/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Scottish American Risk Services 19563 E Mainstreet, Suite 200 CONTACT Jim Tripolone A o xt . 303-748 8869 A No E-MAIL JimT@scotamerican.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Parker, CO 80138 INSURER A: Philadelphia Indemnity Insurance Company S- INSURED INSURER B: Insurance Company of the State of Pennsylvania INSURER C: Aquatic Control Technology, LLC INSURER D: INSURER E: 11 John Road INSURER F: Sutton MA 01590 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER POLICPOLICY MMIDDY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE O RENTID PREMISES Ea occurrence $ CLAIMS -MADE FXJ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1000000 A Y Y 7823443 04/01/2014 04/01/2015 GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3000000 $ X POLICY PRO -LOC JECT AUTOMOBILE LIABILITY (CEO accidentSMBINED INGLE LIMIT $ 1000000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ A ALL OWNED X SCHEDULED AUTOS AUTOS Y Y 7823443 04/01/2014 04/01/2015 PROPERTY DAMAGE $ Per accident X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 A X EXCESS LIAB CLAIMS -MADE Y Y 7823483 04/01/2014 04/01/2015 X i DED I I RETENTION $ 10000 $ B WORKERS COMPENSATIONSTATU- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ (Mandatory in NH) NIA Y WCO25-07-2395 04/01/2014 04/01/2015 OTH- TORY LIMITS E E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $ 1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1000000 A Pollution Liability Y Y 7824161 04/01/2014 04/01/2015 Per Contamination $5,000,000 Total Policy Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is included as additional insured on above policies except Workers Comp. GtK I II-IGA It HULL k!K k;ANIaLLA I IV IV Town of North Andover 120 Main Street North Andover, MA 01845 nrnlzn 2s f2nlninm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _wk AUTHORIZED REPRESENTATIVE/L ©1988-2010 iA"ITRD CORPORATION. All riohts reserved. The ACORD name and logo are registered marks of ACORD