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HomeMy WebLinkAboutContract #: 863 - From: 12-01-2015 To: 11-30-2018 - Beta Group Inc - Town of North Andover�I ACORV CERTIFICATE OF LIABILITY INSURANCE DATE( YYYY) 051181/20162016 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 MARSH USA INC 1717 Arch Street(A/C,N Philadelphia, PA 19103 CONTACT NAME' PH o AIC No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 521990 -Stand -PP -16-17 INSURED Hill International, Inc. INSURER B: American Guarantee & Liability Ins Cc 26247 INSURER C: Attn: Erin Leschak One Commerce Square 2005 Market Street,17th Floor INSURER D: Philadelphia, PA 19103 INSURER E: INSURER F DAMAGES ( RENTED PREMISES Ea occurrence) $ 1,000,000 COVERAGES CERTIFICATE NUMBER: CLE -005034917-06 REVISION NUMBER:2 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. INSIR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM DDIYYYY) POLICY EXP (MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY GL04886794-06 05/0112016 05101/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 171 OCCUR DAMAGES ( RENTED PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JECOT I LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP4886792-06 05/01/20 i6 05/01/2017 COEa accMBINED SINGLE LIMIT ,den,)$ 1,000,000 BODILY INJURY (Per person) $ X . ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ B X UMBRELLA LIAB X OCCUR AUC4886809-06 05/01/2016 05/01/2017 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? FN (Mandatory in NH) N / A WC4886795-07 05/01/2016 05/0112017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A PROF. LIAB-ARCHITECTS & ENG. EOC 948235705 05/01/2016 05/01/2017 LIMIT 10,000,000 & CONTRACTOR'S POLLUTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Hill Project # PBO-01973.00 Town of North Andover is listed as Additional Insureds as respects General Liability and Automobile Liability but solely in regards to work being performed by or on behalf of the named insured as required by those entities with whom the named insured executes a written contract. Waiver of subrogation is applicable where required by written contract and allowed by law. Professional Deductible: $750,000. Professional Liability retro date: 1/111976. [haill 11aLOf_\la Town of North Andover Attn.: Raymond T. Santilli 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjeecah n aeat� % 4,,Ae_-K A -t_t_ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 0276-01-00-0003520-0002-0011056 9 TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT # 9 L22 DATE: /a -/O— a0/S This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: BETA Group, Inc. Address: 315 Norwood Park South Norwood, MA 02062 Telephone Number: 781-255-1982 Fax Number: 781-255-1974 1. This is a Contract for the procurement of the following: Professional engineering and on-call services for the period of December 1, 2015 through November 30, 2018 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Per the fee schedule (as attached) through December 31, 2016 3. Payment will be made as follows: Upon completion of services and receipt of invoice (net 30) 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described deliverables or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of deliverables and certification of acceptable performance for services by authorized representatives of the Town to insure that the deliverables or services are complete and are as specified in the Contract. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. 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, Request for Qualifications, Scope of Services, and all Addenda. 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 this Contract 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, Materials or other Deliverables. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work; but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before November 30, 2018, 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 2 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: a. 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. b. For Cause. If the Contractor is determined by the Town to be in default of any term or condition of 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. C. 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 federal and/or 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 (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page.3 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 General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 3 O — 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. General Laws Chapter 7, Sections 38A'/z - O: Designer Selection 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. :_1 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, the Contractor 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 (Rev 20 10) Contract by and between the Town of North Andover and BETA Group, Inc. Page 4 violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 10.5 If changes in the law occur during the term of the contract which require a change in the scope of services, the parties may negotiate an amendment to the Contract in accordance with the provisions of Supplement "E". 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, 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 151 B (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. Assi.Rnment: 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 (Rev 20 10) Contract by and between the Town of North Andover and BETA Group, Inc. Page 5 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: f. 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) incurred by, brought or recovered against them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent 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 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 6 ,µ 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. A hard copy and an electronic copy (if requested by the Town) of Contractor's drawings, plans, specifications and other similar documents, whether in written, graphic or electronic form, shall be delivered to the Town. If there is a discrepancy between the electronic files and the hard copies, the hard copies shall govern. The Town shall have unlimited rights, for the benefit of the Town, in all drawings, designs, specifications, notes and other work developed in the performance of this contract including the right to use same on any other Town projects without additional cost to the Town; and with respect thereto the Contractor agrees and hereby grants to the Town an irrevocable royalty -free license to all such data which the Contractor may cover by copyright and to all designs as to which it may assert any rights or establish any claim under any patent or copyright laws. The Contractor shall not be responsible for changes made in the documents by others without the Contractor's authorization, nor for the Town's use of the document on projects other than the project which is the subject of this Contract, unless this is a contract for design services for a master plan or prototype. 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 7 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 of Massachusetts. 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 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 8 1 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 3013) [ ] 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 the construction of: [ X ] ENGINEERING/DESIGN SUPPLEMENT `B" — Applicable to Contracts for Professional Engineering Services (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 9 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 E ,/ti 1s n/Departnt Ind , z a W/P /� i,-//.- wn Manager Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: RN� "A IPJ �D� 1 (::7� Town countant Date THE CONTRACTOR s' Company N Print Name Title SV� (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and BETA Group, Inc., which Contract is a contract for the procurement of engineering services. 1. "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. 2. Contract Amendments: Any change in the scope of services or contract price shall be made only by a written contract amendment executed by the Town and the Contractor. 3. Minimum 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. 4. Insurance: The Contractor shall obtain and maintain -the following insurance: 4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 4.2 Broad Form commercial general liability insurance with limits of at least $1 Million per occurrence and $2 Million aggregate, or such other amount as the Town may require, and which shall cover bodily injury, death, or property damage arising out of the work. 4.3 Automobile Liability Insurance, including coverage for owned, hired or borrowed vehicles with limits of at least $1M each person/each occurrence or a combined single limit of $1 Million. 4.4 Professional liability insurance covering errors, omissions and acts of the Contractor or of any person or business entity for whose performance the Contractor is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal one million dollars or such larger amounts as the Town may require for the applicable period of limitations. The Contractor shall obtain such insurance coverage at its own expense and provide certificates of insurance to the Town prior to the execution of the Contract. 4.5 The intent of the Contract provisions 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. (Rev 2010) Contract by and between the Town of North Andover and BETA Group, Inc. Page 1 I 4.6 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 expiration of a policy period, must be submitted to the Town prior to commencement of this agreement. 4.7 The Town shall be named as an additional insured on the above- referenced liability policies and the Contractor's insurance coverage shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 5. 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) incurred by, brought or recovered against'them that may arise in whole or in part out of or in connection with the services being performed or to be performed, and out of any negligent 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 existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No ImP, • �' I TOWN OF NORTH ANDOVER Town Manager 0110, R wisionTDepartment Head (Rev 20 10) Contract by and between the Town of North Andover and BETA Group, Inc. Page 12 DODD Scope of Services and Rates On -Call Transportation Services North Andover, MA November 5, 2015 Scope of Services BETA Group, Inc. (ENGINEER) will continue to provide Transportation and related services to the Town of North Andover on an on-call basis. Services are to be provided as needed and to support the Town on managing, preserving and improving its Transportation assets and network infrastructure. Services are anticipated to include the following: • Asset Management including pavement and other roadway related assets, such as signs, sidewalks, ADA Compliance, traffic signals and the like. Services will include inventorying, condition assessment and development of implementation programs including prioritization. • Traffic Engineering for the assessment and improvement of roadways, intersections, parking supply and other related facilities, including operations, safety issues and capacity and demand management. • Assessment and design of roadway facilities including sidewalks, storm -water system design and management, and visual enhancements to improve conditions, infrastructure capacity and serviceability. • Assessment of bridges/culverts/retaining walls for structural integrity and condition, as well as the design of new and replacement structures. • GIS assistance/interface to support the Town in the management of its transportation facilities. • Conduct peer reviews to support the Town in the evaluation of developments by others. • Provide funding assistance to support the Town in seeking funds for needed transportation related projects. Services shall be provided in accordance with task orders mutually developed and approved by the Town. ENGINEER will scope out assignments and develop required scope, fee, and schedule for assignments for Town acceptance prior to performing the work. Basis of Fee Compensation will be based on the following hourly rate schedule. Classification Ranee Principal No Charge Project/Task Manager $175-$190 Senior Professional $135-$175 Design Professional $105-$135 GIS/Asset Management Specialist $90-$120 Staff Professional $85-$105 GIS/Field Technician $65-$85 Note: Rates for 2015-2016 BETAGROUP, INC. 315 Norwood Park South, god Floor, Norwood, MA 02062 P: 781.255.1982 1 F: 781.255.1974 1 W: www.BETA-Inc.com 4 V FM r" Am& A;asel, Aosloav .//�.assa,'c/uud&I 02/3vn William Francis Galvin Secretary of the Commonwealth Date: November 27, 2015 To Whom It May Concern: I hereby certify that according to the records of this office, BETA GROUP, INC. a corporation organized under the laws of DELAWARE on December 21, 1999 was qualified to do business in this Commonwealth on December 29, 1999 under the provisions of the General Laws, and I further certify that said corporation is still qualified to do business in this Commonwealth. I also certify that said corporation is not delinquent in the filing of any annual reports required to date. M In testimony of which, ' I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. o Secretary of the Commonwealth Certificate Number: 15116495660 Verify this Certificate at: http://corp.sec.state.ma.us/CorpWeb/CertificatesNerify.aspx Processed by: smc CERTIFICATE OF CORPORATE AUTHORITY AT A DULY AUTHORIZED MEETING OF THE BOARD OF DIRECTORS OF THE Beta Group, Inc. held on 2/5/15 Directors were present or waived notice, (Name of corporation) (Date) it was voted that Anthony Lionetta, Senior Vice President of this company be and hereby is (Name and Consultants) authorized to execute contracts and bonds in the name and behalf said company, and affix its Corporate Seal thereto, and such execution of any contract or bond of obligation in this company's name on its behalf as such Senior Vice President under seal of the company (OFFICER) shall be valid and binding upon this company. A TRUE C P S, ATTEST: Place of Business: 6 Blackstone Valley Place Lincoln, RI 02865 I hereby certify that I am the Secretary of the BETA GROUP and (Consultants) (Name of Corporation) that_ Anthony Lionetta is duly elected Senior Vice President of said company, (Name of Officer) (Consultants) and the above vote has not been amended or rqp4nded and remai s in full force and effect as of the date of this contract. Signature: Michael E. Grilli Name/Consultant BE Group, Inc.. Date: 2/5/15 (Corporate Seal) 6 TAX COMPLIANCE STATEMENT Pursuant to M.G.L., c.62C, s. 49A, the undersigned hereby certifies under ins and penalties of perjury that BETA Group. Inc.. to the best of my knowledge has c pied with all laws of the Commonwealth relating to taxes, reporting of employAes a d c tractors, and withholding and remitting child support. // Signed under the penalties of perjury this -�L day of 04-e- zed Representative) (Name and Title) BETAG-1 OP ID: JC '4� o° CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD 11/30/2015 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(les) 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 Fitts Insurance Agency, Inc. 2 Willow Street, Suite 102 Southborough, MA 01745-1020 Fitts Insurance Agency CONTACT Jodi Colena PHONE FAx /c No): 508-620-0227 AD No Ext): 508-620-6200 A/C, E-MAIL ADDRESS: jcolena@fittsinsurance.com GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Co. 219682 INSURED Beta Group, Inc. Wethersfield Ave, S 305 Hartford, CT 06114 Hart INSURER B: Twin City Fire Insurance Co. Z29459 INSURER C: Hartford Casualty Insurance Co Z29424 INSURER D: Lexington Insurance Company 19437 INSURER E: 08UUNUF7256 INSURER F: 04/12/2016 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. IPOLICY LTR TYPE OF INSURANCE Town of North Andover B POLICY NUMBER MM DDY EFF EXP MM DD//YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx1 OCCUR 08UUNUF7256 04/12/2015 04/12/2016 DAMAGE PREMISES Ea RENTED T ence$ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 X PER PROJ AGG GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 POLICY X PROjECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ _ BODILY INJURY (Per person) $ A X ANY AUTO 08UUNUF7256 04/12/2015 04/12/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ F HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ PER ACCIDENT $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS -MADE 08XHUUF6914 04/12/2015 04/12/2016 AGGREGATE $ 5,000,000 DED X RETENTION $ 10000 $ B WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE08WBNK9526 OFFICER/MEMBER EXCLUDED? FN_1 (Mandatory in NH) N / A 04/12/2015 04/12/2016 STATU- OTH- X TORY LIMITS I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional & 029210548 04/12/2015 04/12/2016 Claim 2,000,000 Pollution Liab DEDUCTIBLE $100,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Professional Engineering and on-call Services As required by contract, Town of North Andover is an additional insured, per forms and conditions of the policy. CERTIFICATE HOLDER rONCFi I OTION TOWNAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street AUTHORIZED REPRESENTATIVVEE North Andover, MA 01845 DREP ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. 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