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HomeMy WebLinkAboutContract #: 819 - From: 06-16-2016 To: 06-30-2016 - Borden & Remington - Town of North AndoverTOWN OF NORTH ANDOVER CONTRACT CONTRACT# DATE: :5�lj n !G, oi0/6 This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Borden & Remington Corporation Address: 63 Water Street, P.O. Box 2573 Fall River, MA 02722 Telephone Number: 508-675-0096 Fax Number: 1. This is a Contract for the procurement of the following: Purchase of hydrofluosilicic acid — 24% in accordance with the Invitation for Bids issued by the Northeast/Merrimack Valley Chemical Consortium 2. The Contract price to be paid to the Contractor by the Town of North Andover is: $0.2558 per wet pound 3. Payment will be made as follows: Upon delivery 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 Borden & Remington Corporation Page ] 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 June 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 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 Borden & Remington Corporation 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 Borden & Remington Corporation 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 Intere 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 Borden & Remington Corporation Page 4 I 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 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 Borden & Remington Corporation 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 Borden & Remington Corporation 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. Payment 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 Borden & Remington Corporation 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: [ X ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and Borden & Remington Corporation 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 (1- w� Division/Department Head Contract Manager To n Manager Date THE CONTRACTOR Borden & Remington Corp. Company Name Robert F. Bogan, President Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: t Town ccountant Date (Rev 5-2007) Contract by and between Town of North Andover and Borden & Remington Corporation Page 9 SUPPLEMENT "G" 1. This form supplements the general provisions of the Contract between the Town of North Andover and Borden & Remington Corporation, which Contract is a contract for the procurement of goods. 2. "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 3. Change Orders: Change orders may not increase the contract price by more than twenty-five percent (25%), in compliance with General Laws Chapter 30B, § 13. 4. This Contract for purchase includes the following delivery, installation or setup requirements: All deliveries to: North Andover Water Treatment Plant 420 Great Pond Road North Andover, MA 01845 Dated: 40 /�a x, THE TOWN OF NORTH ANDOVER By: Town Manager (Rev 5-2007) Supplement "G" to Contract between the Town of North Andover Page 1 and Borden & Remington Corporation NORTHEAST MERRIMACK VALLEY CHEMICAL CONSORTIUM FISCAL YEAR 2015-16 OFFICIAL BID FORM DATE: 5/19/15 rden & Renin ton Cor . NOTE: BID PRICES MUST BE PER UNIT SPECIFIED ON THIS BID FORM ITEM NO. CHEMICAL UNIT TYPE UNIT BID PER 1 ALUMINUM CHLOROHYDRATE (ACH) 275 GAL TOTE NO RID GAL 2 ALUMINUM SULFATE - 50% (AWWA B403-LATEST) BULK N0 RID DRYTON 3 AMMONIA GAS 150 LB. CYLINDER NO RID LB. 4 AMMONIUM SULFATE 50 LB. BAG BID LB. 5 AMMONIIUM SULFATE (40% SOL) GAL. BIT) GAL. 6 ANTHRACITE 60+ LBS. BAGS RID CU.FT 7 AQUEOUS AMMONIA MUST BE 26° BAUME (29%) BULK , 2601 LB. 8 ASCORIB ACID 24/26.5 LBS PALLET . RID DRY LB. 9 CALCIQUEST ORTHO (PHOSPHORIC ACID) 30 GAL. DRUM Njo 131D GAL. 10 CALCIQUEST ORTHO (PHOSPHORIC ACID) 15 GAL. DRUM ND RID GAL. 11 CALCIUM CHLORIDE 50 LB. BAG .2929 DRY LB. 12 CALCIUIM CHLORIDE SUPERSACK BID DRY LB. 13 CALCIUM NITRATE 50 I.B. BAG NID RID , DRY LB. 14 CARBON DIOXIDE BULK BID LB. Official Bid Form and Signature Pages Page 1 of 8. 15 CARBON POWDERED BULK TON " NO BID 16 CARBON POWDERED SUPERSACK NO RID DRY I.B. 17 CAUSTIC SODA- BULK .0630 WET LB. 25% SOLUTION 18 CAUSTIC SODA- 55 GAL. DRUM .1150 WET LB. 25% SOLUTION 19 CAUSTIC SODA- BULK .1109 WET LB. 50% SOLUTION 20 CAUSTIC SODA- 250 GAL. TOTES .1517 WET LB. 50% SOLUTION 21 CHLORINE- DRY (HTH) 50 LB. PAILS DRY LB. NO RID 22 CHLORINE 1 TON LB. CYLINDER NO BID 23 CHLORINE 150 LB. NO BID LB. CYLINDER 24 CITRIC ACID 50% 250 GAL TOTE 90 }RID WET LB. 25 CITRIC ACID 50% . 55 GAL.DRUM 14) DID WET LB. 26 CITRIC ACID 50% POWDER 50 LB DRY LB. BAGS/PALLET .9100 27 COPPER SULFATE 50 LB. BAG NO BID DRY LB. (AWWA B602-LATEST) 28 FERRIC CHLORIDE - BULK .3104 DRY LB. US MADE 32%-38% 29 FERRIC CHLORIDE - S5 GAL. DRUM. 0672 DRY LB. US MADE 32%-38% 30 FERRIC CHLORIDE - BULK ND BID DRY.LB. Foreign: 32%-38% 31 FERRIC CHLORIDE- 55 GAL.DRUM 90 BID DRY.LB, Foreign: 32% - 38% 32 ROFLU SILICICACI15- TON—!BULK X55$-R WET LB. �(AW�UA 8703 _ l�'TEST `~•-�-} 33 HYDROFLUOSILICIC ACID- 24% 55 GAL. DRUM , 3190 WET LB. (AWWA B703-LATEST) 34 LIME - HYDRATED 50 LB. BAG .2020 DRY LB. 35 LIQUID OXYGEN BULK GAL. NO R ID Official Bid Form and Signature Pages Page 2 of 8. 36 LIQUID POLYPHOSPHATE 30 GAL. DRUM WET LB. (CALCIQUEST 5050 OR EQUAL) ND BID 37 LIQUID POLYPHOSPHATE (CARUS BULK WET LB. 8500 OR EQUAL) NO BID 38 MANGANESE GREENSAND BULK CU FT. NO BID 38A MANGANESE GREENSAND PLUS BULK ND BID CU Ff. (alternate bid) 39 METHANOL (100%) 55 GAL DRUM NO BID GAL. 40 MURIATICACID-200 BAUME BULK I) BID GAL. 41 MURIATIC ACID -20° BAUME 55 GAL DRUM GAL, INHIBITED - NSF Certified ND BIT) 42 MURIATIC ACID- 20° BAUME 520 LB. DRUM LB, .3066 43 MURIATIC ACID -10° BAUME BULK RID GAL. 44 MURIATIC ACID -15% TOTE BULK RID GAL. 45 MURIATIC ACID- 20° BAUME PUMPTED TOTE ND BID GAL. 46 ORTHO-POLYPHOSP HATE BULK ND BID LB. (AQUAMAG OR EQUAL) 47 ORTHO-POLYPHOSPHATE 55 GAL. DRUM LB. (AQUAMAG OR EQUAL) NO i3ID 48 ORTHO-POLYPHOSPHATE 30 GALLON LB, (50%-50% Blend) DRUM NO BID 49 PHOSPHORIC ACID 15 GAL. DRUM WET LB. 75% SOLUTION NO BID 50 POLYALUMINUM CHLORIDE BULK GAL (HOLLAND PC -H180 or EQUAL) NO g1D 51 POLYALUMINUM CHLORIDE 275 GAL TOTE NO BIT) GAL (HOLLAND PC -H180 or EQUAL) 52 POLYALUMINUM CHLORIDE BULK GAL. (HOLLAND EPIC-WW58 or NO BID EQUAL) 53 POLYALUMINUM HYDROXY 55 GAL. DRUM GAL. CHLORIDE (PHI 23845) NO BID 54 POLYACRYLAMIDE (SUPERFLOC 55 GAL. DRUM NO BID GAL. N-1986) Official Bid Form and Signature Pages Page 3 of 8. 55 POTASSIUM HYDROXIDE -45% BULK WET LB. (AWWA 8501 -LATEST) .2822 56 POTASSIUM HYDROXIDE- 45% TOTE .3921 WET LB. (AWWA 8501 -LATEST) 57 POTASSIUM HYDROXIDE- 45% 55 GAL. DRUM WET LB. .4054 (AWWA 13501 -LATEST) 58 POTASSIUM PERMANGANATE 55 I.B. DRUM 4.5000 LB' (U.S. ONLY) 59 POTASSIUM PERMANGANATE 330 LB. DRUM LB. NO RID (U.S. ONLY) 60 POTASSIUM PERMANGANATE 5 LB. PAILS LB. (U.S. ONLY) NO BID 58A POTASSIUM PERMANGANATE 55 LB. DRUM LB. (FOREIGN- Alternative Bid) 2.0922 59A POTASSIUM PERMANGANATE 330 LB. DRUM NO RID LB. (FOREIGN - Alternative Bid) 60A POTASSIUM PERMANGANATE 5 LB. PAILS LB. (FOREIGN - Alternative Bid) ND RID 61 SODIUM ALUMINATE- 38% BULK M BIT) WET I.B. (AWWA 8405 — LATEST) 62 SODIUM BICAROBONATE 50 LBS. BAG .4350 DRY LB. 63 SODIUM BICARBONATE BULK DRY LB. NO BID 64 SODIUM BISULFITE- BULK WET LB. NO BID 38% SOLUTION 65 SODIUM BISULFITE- 250 GAL TOTE WET LB, ' 2381 38% SOLUTION 66 SODIUM BISULFITE- 55 GAL. DRUM WET LB. 38% SOLUTION .2354 67 SODIUM CARBONATE 50 LB. BAGDRY LB. SODA ASH- DENSE . 3100 68 SODIUM CARBONATE BULK .1971 DRY LB. SODA ASH- DENSE 69 SODIUM CHLORIDE 50 LB. BAG DRY LB. NO RID 70 SODIUM CHLORITE — BULK NO BID WET LB. 25% SOLUTION 71 SODIUM CHLORITE- 55 GAL DRUM WET LB. 25% SOLUTION ND BID 72 SODIUM CHLORITE— 55 GAL. DRUM ND BID DRY LB. SAFE -T -CHLOR SOLID Official Bid Form and Signature Pages Page 4 of 8. 73 SODIUM FLUORIDE LESS THAN FULL DRY LB. 40 BAG 1.0200 PALLETS OF 50 LB. BAGS 74 SODIUM FLUORIDE FULL 40 BAG DRY LB. •7500 PALLETS OF 50 LB. BAGS 75 SODIUM H EXAM ETAP HOSPHATE 50 LB. BAG DRY LB. ND BID 76 Sodium Hexameta phosphate 55 GAL DRUM NO BID WET LB. PRISTINE SK -7641 77 SODIUM HYPOCHLORITE -5% 250 GAL TOTE WET LB. (AWWA 8300 -latest) 1.4398 78 SODIUM HYPOCHLORITE -15% BULK WET LB. (AWWA 8300 -latest) • 0582 79 SODIUM HYPOCHLORITE -15% 55 GAL. DRUM WET LB. (AWWA B300 -latest) .1486 80 SODIUM HYPOCHLORITE -15% 30 GAL. WET LB. (AWWA B300 -latest) CONTAINER IIID BID 81 SODIUM HYPOCHLORITE -15% 15 GAL. WET LB. (AWWA B300 -latest) CONTAINER • 2259 82 SODIUM HYPOCHLORITE -15% 5 GAL. WET LB. (AWWA 8300 -latest) CONTAINER .4358 83 SODIUM HYPOCHLORITE -15% 1 GAL. NO BID WET LB, (AWWA 8300 -latest) CONTAINER 84 SODIUM SILICOFLUORIDE 50 LB. BAG DRY LB. .5640 85 SODIUM THIOSULFATE (penta- 25 KG BAGS NO BID DRY KG. hydrate) 86 THIOSULPHATE (24-34%) 15 GAL DRUM GAL. NO BID 87 ZINC H EXAM ETAPHOSPHATE 50 LB. BAG NO BID DRY LB. (V-937 OR EQUAL) 88 ZINC ORTHOPHOSPHATE BULK WET LB. (V-970 OR EQUAL) ND BID 89 ZINC ORTHOPHOSPHATE 55 GAL, DRUM WET LB. ND BID 90 ZINC ORTHOPHOSPHATE 50 LB. PAIL ND BID DRY LB. (CARUS 3050 OR EQUAL) 91 ZINC ORTHOPHOSPHATE BULK ND BID WET LB. (11I-932 OR EQUAL) 92 ZINC ORTHOPHOSPHATE BULK WET LB. (V-939 OR EQUAL) I ND BID . Official Bid Form and Signature Pages Page 5 of 8, 93 ZINC ORTHOPHOSPHATE (UPZ-511 OR EQUAL) BULK NO BID WET LB. 94 ZINC ORTHOPHOSPHATE BULK ND RID WET LB. (SLI -939 OR EQUAL) 95 Emergency Pumping and Storage Daily Fee: NT) RID Chemcials that Tanker to support temporary on- bulk pumping site storage for utility that needs and storage will to repair containment vessel. support: PROPOSAL FROM: Borden & Remington Corp. 63 Water Street, P.O. Box 2573 Fall River, NIS 02722 Telephone: 508-675-0096 email: t resendes%orernco, corn to furnish chemi ca 1 s in accordance with specifications attached, it being further understood that the Town reserves the right to make an award on the basis of quotations received for an and/or on the basis of the aggregate total for all items on which quotations received. The Bidder acknowledges receipt of the following Addenda: 01 No. Sir: dated dated In accordance with the advertisement of the Northeast/Merrimack Valley Chemical Consortium inviting proposals for furnishing Chemicals in conformity with the attached specifications, I/we hereby certify that I am/we are, the only person (s) interested in this proposal as principal(s); that it is made without collusion with any person, firm, or corporation, that an examination has been made of the specifications; and that the equipment/materials will be delivered within the time specified, at the following prices. Official Bid Form and Signature Pages Page 6 of 8. SIGNATURES Of an Individual) Date 320 Signature of Bidder: (SEAL) (Owner and Proprietor) Business Name D/B/A: Business Address: (if a co -partnership) Date '20 Firm Name: (SEAL) By: (SEAL) Business Address: Names and Addresses of all Uawhers of Fig (if a corporation) Robert F. Bogan, President Fall River, NA Daniel E. Bogan, Treasurer Fall River, Mk Sharon L. Quinn, Clerk Fall River, W Michael F. Relihan, ControlUr New Bedford, MA Date MRY 19 Col By 20 15 Official Bid Form and Signature Pages Page 7 of 8. Business Address: 63 Water Street Fall River, MA 02721 * Statement Rf authorization,�ly signed by proper authority, to be attached hereto. Attest: I certify under the penalty of perjury that I, to the best of my knowledge, have filed all state tax returns and paid all state taxes required under law. *Signature of Individual or Corporate Name (Mandatory fiorden By: Corporate Officer (Mandatory, if Applicable): *Approval of a contract or other agreement will not be granted unlesstertification clause is signed by the applicant. \\ WARRANTIES/GUARANTEES All prospective bidders on items that carry warranties and/or guarantees must include with their sealed proposal a copy of the warranties and/or guarantees of major components as well as a copy of the warranties and/or guarantees on the items being bid/proposal if applicable. The bidder must make arrangements to assure the owner that the warranties or guarantees can be assigned to the owner. The owner's intent is to use the extent of the coverage in the warranties or guarantees as part of the awarding procedure. Official Bid Form and Signature Pages Page 8 of 8. CERTIFICA E& OF COTE At a duly authorized meeting of 'the Board of Directors of "BORDEN & REMINGTON CORP." held on August 19, 2014 it was voted that ROBERT F. BOGAN, PRESIDON—I of this company, be herby authorized to execute bids, contracts and bonds in the name and on behalf of said company, and affix its corporate seal hereto; and such execution of any contract or obligation in this company's name on its behalf by such officer under seal of the company, shall be valid and binding upon this company. I hereby certify that 1 am the clerk of the above named corporation and that ROBERT F. BOGAN is the duly elected officer as above of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 5/19/2015 Date Corporate Seal ik Sharon L. Quinn, Cler Client#: 126244 RORDFNRFMI2 ACORD,. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY) LTR TYPE OF INSURANCE 6/09/2015 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 CONTACT NAME: HUB International New EnglandPHONE g00 242-3862AX Ext): C No : 866 415-5835 222 Milliken Blvd E-MAILo Fall River, MA 02722 ADDRESS: PERSONAL 8 ADV INJURY $1,000,000 508 235-2200 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ironshore Specialty Insurance C 25445 $ INSURED Borden 8r Remington Fall River, LLC INSURER B P.O. Box 2573 INSURER C : Fall River, MA 02722 INSURERD: BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ INSURER E : INSURER F: A COVERAGES CERTIFICATE NUMBER: REVISION NUMIRFR- 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 CONTRACTOR 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. LTR TYPE OF INSURANCE NSRL BR WVD POLICY NUMBER POLICY EFF POLICYEXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX] OCCUR 000832805 1211012014 12/1012015 EACH OCCURRENCE $1,000,000 DAMA E O RENTED PREMIE Ea occurrence $SOOOOO MED EXP (Any one person) $ 25 OOO PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 LAGGREGATELIMITAPPLIESPER: EPRO JECT LOC MPOLICY PRODUCTS-COMP/OPAGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE 000832905 2/10/2014 12/10/201 EACH OCCURRENCE $10,000.0.00 AGGREGATE $10,000,000 DED I X I RETENTION $10000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes , describe under DESCRIPTION OF OPERATIONS below N / A WC STATU- OTH- FIR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E . DISEASE - POLICY LIMIT I $ A Pollution Liab 000832805 2/10/2014 12/10/201 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Town of North Andover 120 Main Street North Andover, MA 01845 ACORD 25 (2010/05) 1 of 1 #S1395839/M1264857❑ 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 V 1W56-LU'lU AGUKU GUKI'UKAI IUN. All rigntS reserVea. The ACORD name and logo are registered marks of ACORD MV002 ,4 oro CERTIFICATE OF LIABILITY INSURANCE DATE MINIMMM 51g1'Eo15 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 P'RI;JB UCER, AW THE CEr+L r DRGA I C HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the pollcrpes) 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 ce"tWeete holder In !leu of such endomer./ent ie . PRODUCER NAMCONT E; oe Morten & Son, Inc. WLB 552 tf35 Plainfield Road, Suite F S14te7WfJ1 �JADd1 iL £fl52Z PNONE FAX NQ _o s�mu6I en Kiri innmort n tj M AFFORDING COVERAGE NAIL $ G-Et€I;AL IJAIIfIl3Y INSURER A •West casuau Company3 INSURED LIOUTRA-05 INSURERB: INSURER C: Dana Transport, Inc., Suttles Truck Leasing, Inc. 210 East Essex Avenue Avenel, NJ 07001 I��D' COMMERCIAL GENERAL LIABILITY ITY CLAIMS -MADE FIOCCUR INSURER E INSURER F: GUVr.KAGES CERTIFICATE NUMBER. 7592d799R 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. NOTW!THSTANDIN0 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. LLTTRR TYPE OF INSURANCE B POLICY NUMBER PO'OD EEF POLICY EXP LIMITS G-Et€I;AL IJAIIfIl3Y EACH Oi;CLrRRtENCE Is COMMERCIAL GENERAL LIABILITY ITY CLAIMS -MADE FIOCCUR TO RENTED PREMISES Es ooaarenoet 1 $ MED EXP (Any one person) Is PERSONAL & = V4X JRY $ GENERAL AGGREGATE$ GENiAGGREGATE LLIMI PER. PRODUCTS - COMP/OP AGG $ iOPOLICYCLE LSCC I I ( AUTOMOBILE LIABILITY GWP362OW /112014 1/2015 COMBINED iUNIT 1000.000 01 (Per person) $ X ANY AUTO ALL OWNED SCHEDULED A(„ON (Per aotiden0AJTOS HIRED AUTOS NOON -OWNED iX I i LPerSPROPERTY $ $ X MCS -90 incl UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE Is EXCESS LIAB CLAIMS -MADE` DED I I RETENTION 1 $ WORKERS COMPENSATION euneuPL2YMM*L!A92IiY IN WC21252J /12014 112015 X We srATu OTH- El. EACH ACCIDENT $1.000,000 AMY PROPRETOR/PARTNEREKECUTNE OFMCERNEMBEREXCLUDED? � NIA El.DISEASE -EAEMPL $1.000.000 (Mendary In NH) IT ye9. deWbe ufxW E.L. DISEASE- POLICY LIMB I $1 000 000 DESCRIPTION OF OPERATIONS below Broad Form Cargo Physical Damage / Comp -Coll BaileelHited Auto PhysDam GWP36200J GWP362OW GWP36M 2014 2014 1,112014 �f1/2015 12015 /112015 $300,000 Limit $0 Deducible ACVBASIB $0 Deducible $500,000 Limit $0 Deducible DESCRIPTION OF OF O T!ON81 LOCATI0.48:1 VM=ICCLES V ACOM 104, tldoldo:W Mr-nof sche+dv!% if mom X---wm Is set -p -h -A Trailer Interchange: $200,000 Limit 1$0 Deductible TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMIRA " DATE THEREOF, NOTICE WILL BE DEUVERED GN ACCORDANCE WITH THE POLICY PROVISIONS. ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IMMI/201.5 ) TNIZOLDERTIFICATE 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 2=CATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require and endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX HUB INTERNATIONAL NEW EN 222 MILLIKEN BOULEVARD (A/C, No, Ext); (A/C, No): E-MAIL ADDRESS: FALL RIVER, MA 02721 73JHM INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: ACE AMERICAN INSURANCE COMPANY BORDEN & REMINGTON CORP INSURER B: INSURER C: INSURER D: P 0 BOX 2573 INSURER E: FALL RIVER, MA 02722 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD L SUB R POLICY NUMBER POLICY EFF DATE (MMIDDIYYYY) POLICY EXP DATE (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY MADE [::] OCCUR. DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ ffCLAIMS :: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULE AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ A WORKER'S COMPENSATION ANDWC EMPLOYER'S LIABILITY Y/N UB -2E721427-15 02/09/2015 02/09/2016 X STATUTORY LIMITS OTHER ANY PROPERITOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El NIA E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. CERTIFICATE HOLDER CANCELLATION TOWN OF NORTH ANDOVER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 120 MAIN ST BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL B DEL D IN ACCORDANCE WITH THE POLICY PRO AUTHORIZED REPRESENTATIVE NORTH ANDOVER, MA 01845 ACUKU Z5 (ZUIU/U5) The AGORD name and logo are registered marks of ACORD 1988-2010 ACORD CORPORATION All'�Ight§`fese'rved.