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HomeMy WebLinkAboutContract #: 926 - From: 09-19-2016 To: 12-31-2017 - Gale Associates - Town of North Andover�■� rel 9:A4QC111 nrtalr;l IA77A ACORD" CERTIFICATE OF LIABILITY INSURANCE E (MM/D DATE 05/19/2017 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 have ADDITIONAL INSURED provisions or 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 Ames & Gough 859 Willard Street Suite 320 CONTACT NAME: PHONE (ac, No, Ext): (617) 328-6555 FAX No):(617) 328-6888 ADDRESS: boston@amesgough.com INSURERS AFFORDING COVERAGE NAIC # Quincy, MA 02169 INSURER A: American Casualty Co of Reading, PA A XV 20427 INSURED INSURER B: Transportation Insurance Company 20494 Gale Associates, Inc. 163 Libbey Parkway P.O. Box 890189 INSURER C: Continental Insurance Co A XV 35289 INSURER D: Lexington Insurance Company A XV 19437 INSURER E : Weymouth, MA 02189-0004 INSURER F: 05/01/2017 rnVFRAnPR CFRTIFIC'ATF NIIMRFR- RFVI'glnN NIIMRFR- 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMBS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2'000'000 CLAIMS -MADE [X] OCCURX 6020017533 05/01/2017 05/01/2018 PREM SES ERENTED nce$ 300'000 MED EXP (Any oneperson) $ 10'000 PERSONAL & ADV INJURY $ 2'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000'600 POLICY � JE� X LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: B AUTOMOBILE LIABILITY EOMBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ X ANY AUTO X 6020017614 05/01/2017 05/01/2018 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per. accident $ HIF}ED NON -OWNED AU OS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5'000'000 AGGREGATE $ 5'000'000 EXCESS LIAB CLAIMS -MADE X 6020068143 05/01/2017 05/01/2018 DED I X I RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE FE.L. FFICER/MEMBER EXCLUDED? Mandatoryin NH) N / A 620017578 05/01/2017 05/01/2018 X PER OTH- STATUTE ER 1,000,000 EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ D Professional Liab 031711024 05/01/2017 05101/2018 Per Claim 2,000,000 D 031711024 05/01/2017 05/01/2018 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) All Coverages are in accordance with the policy terms and conditions. RE: Stevens Library Roof Replacement Design, Bid & CPS Services JN# 830021 Town of North Andover shall be listed as additional insured with General, Auto and Umbrella Liability where required by written contract. A 30 Day Notice of Cancellation is provided in accordance with the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street Attn: Raymond T.Santilli, Assistant Town Manager North Andover, MA 01845 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5/16/2017 NO RTA QOV E P, Massachu 'tts Certificate of Insurance 1 message Ray Santilli <rsantilli@northandoverma.gov> To: Christopher Musorofiti <cm@gainc.com> Mr. Musorofiti, Town of North Andover Mail - Certificate of Insurance Ray Santilli <rsantilli@northandoverma.gov> Tue, May 16, 2017 at 10:21 AM The Town of North Andover is in receipt of Gale Associates' updated Certificate of Liability Insurance (see attached) in regards to the engineering consulting services for the Stevens Library Roof project. The Certificate submitted contains `Waiver of Subrogation' language. Both Town Counsel and the Town's insurance carrier have determined that this language is not acceptable and not in compliance with the contract requirements. The Town will not waive its rights of recovery. Please submit an appropriate Certificate of Liability Insurance without this specific language. If you have any questions and/or concerns, please call me. ,R" .5444 Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@northandoverma.gov Web www.northandoverma.gov 20170516101428156.pdf 135K https://mail.google.com/mail/u/0/?ui=2&ik=f7Oe2f4909&view=pt&search=sent&th=15clla28494c2666&sim1=15c11a28494c2666 1/1 GALEASS-01 DG H IG LIAZZA ACORO" CERTIFICATE OF LIABILITY INSURANCE 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 DATE 05/01/2017 Y) 05/01/2017 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 have ADDITIONAL INSURED provisions or 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 Ames & Gough 859 Willard Street Suite 320 CONTACT NAME: PHONE 617 328-6555 FAX (A/C, No, Ext): ( ) (A/C, No):(617) 328-6888 ADDRESS: boston@amesgough.com Quincy, MA 02169 INSURERS AFFORDING COVERAGE NAIC # INSURER A: American Casualty Co of Reading, PA A X 20427 INSURED INSURER B: Transportation Insurance Company 20494 Gale Associates, Inc. 163 Libbey Parkway P.O. Box 890189 INSURER C: Continental Insurance Co A XV 35289 INSURER D: Lexington Insurance Company A XV 19437 INSURER E : Weymouth, MA 02189-0004 INSURER F: 05/01/2017 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 INSD SUBR WVD POLICY NUMBER POLICY EFF M/ POLICY EXP M/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR X X 6020017533 05/01/2017 05/01/2018 PREMI ET TORENTED $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY 1 JERT FX] LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Perperson) $ X ANY AUTO X X 6020017614 05/01/2017 05/01/2018 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ — E� T AUTOS ONLY AU ONLY L B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5'000'000 EXCESS LIAB CLAIMS -MADE X X 6020068143 05/01/2017 05/01/2018 AGGREGATE $ 5'000'000 DED I X I RETENTION $ 0 $ C WORKERS COMPENSATIONOTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE �FFICER/MEMBER EXCLUDED? NN (Mandatory in NH) /A X 620017578 05/01/2017 05/01/2018 STAT TE ER 1,000,000 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 1'000'000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,000 E.L. DISEASE - POLICY LIMIT $ D Professional Liab 031711024 05/01/2017 05/01/2018 Per Claim 2,000,000 D 031711024 05/01/2017 05/01/2018 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All Coverages are in accordance with the policy terms and conditions. RE: Stevens Library Roof Replacement Design, Bid & CPS Services JN# 830021 Town of North Andover shall be listed as additional insured with General, Auto and Umbrella Liability where required by written contract. A Waiver of Subrogation and 30 Day Notice of Cancellation is provided in accordance with the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street Attn: Raymond T.Santilli, Assistant Town Manager North Andover, MA 01845 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT # 007 This endorsement, effective 12:01 AM 05/01/2017 Forms a part of policy no.: 031711024 Issued to: GALE ASSOCIATES, INC. By:LEXINGTON INSURANCE COMPANY ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non payment of premium, And 1. The cancellation effective date is prior to this policy's expiration date; 2. The First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)"); and has provided to the Insurer, either directly or through its broker of record, the email address of the contact at such entity, and the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, The Insurerwill provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of the policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms, conditions and exclusions shall remain the same. LEXD00O21 LX0404 Authorized Representative OR Countersignature (In states where applicable) Uale Associates, Inc. Nolicy# 620017578 ttt: U5/01/2017-05/01/1018 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company WC 00 0313 (Ed. 4-84) Premium $ Countersigned by Copyright 1983 National Council on Compensation Insurance. Gale Associates Policy# 620017578 Eff: 05/01/2017-05/01/2018 I CNA CC68021A (Ed. 02/13) NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. CC68021A (Ed. 02/13) Page 1 of 1 Insured Name: Copyright CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: vale H55UclaLe5, Inc. CNA Policy# 6020068143 (Ed. 803 1) Eff: 05/01/2017-05/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA PLUS COVERAGE PART We will waive any right of recovery we may have against the person or organization shown in the schedule below because of payments we make for injury or damage arising out of your work, done under a contract with that person or organization. The waiver applies only to that person or organization shown in the schedule below: Name of Person or Organization: All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G48437A (Ed. 10-11) Page 1 of 1 Insured Named: Copyright, CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: Gale Associates Policy# 6020068143 Eff 05/01/2017-05/01/2018 CNA G -140428-A (Ed. 10101) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA PLUS COVERAGE PART In the event of cancellation of this coverage, we agree to mail prior written notice of cancellation to: SCHEDULE 1. Name: BLANKET (SEE ENDT) 2. Address: 3. Number of days advance notice: 30 G -140428-A Page 1 of 1 (Ed. 10/01) Gale Associates Policy# 6020017533 Eff: 05/01/2017-05/01/2018 CNA CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission Gale Associates, Inc. Policy# 6020017533 SB -146932-E CNA EFf: 05/01/2017- 05/01/2018 (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its SB -146932-E (Ed. 06/11) own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured —Your Work That person or organization for whom you do work is an additional insured solely for liability Page 1 of 5 CNA SB -14 06/11) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c. Controlling Interest the additional insured. The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the (1) Their financial control of you; or additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9. of the definition of "insured d. Managers or Lessors of Premises contract under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, bodily injuryor property damage maintenance or use of that specific part of the arising out of the "products -completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement. This insurance does not apply to: (3) The insurance provided to the additional insured does not apply to "bodily injury," (1) Any 'occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee, Assignee or Receiver a following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises by permit in connection with premises you s you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, If. Owners/Other Interests — Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the (b) The construction, erection, or land leased to you and subject to the following removal of elevators; or additional exclusions: (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any 'occurrence" which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB -146932-E Page 2 of 5 (Ed. 06/11) CNA SB -14 061 ) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such k. Damage To Property additional insured. g. Co-owner of Insured Premises "Property damage" to: A co-owner of a premises co -owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including prevention of injury to a person or lease equipment. Such person or organization damage to another's property; . are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the "property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products -completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented To You as 4. LEGAL LIABILITY— DAMAGE TO PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB -146932-E Page 3 of 5 (Ed. 06/11) CNA Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the V Declaration. N 7 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: "s a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit' is known to: (1) You or any additional insured that is an individual; SB -146932-E (Ed. 06/11) SB -146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.. Page 4 of 5 CNA (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB -146932-E (Ed. 06/11) SB -146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. Page 5 of 5 Gale Associates, Inc. 05/01/2017-05/01/2018 6020017614 SECTION IV — BUSINESS AUTO CONDITIONS The following conditions Common Policy Conditions: A. Loss Conditions apply in addition to the 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss," either may demand an appraisal of the "loss." In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss." If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident," claim, "suit' or "loss," you must give us or our authorized representative prompt notice of the "accident' or "loss." Include: (1) How, when and where the "accident' or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit." (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit." (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this coverage form until: a. There has been full compliance with all the terms of this coverage form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss," our payment will include the applicable sales tax for the damaged or stolen property. If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. Page 8 of 12 Copyright Insurance Services Office, Inc., 2009 CA 00 0103 10 ruiicyfr 0vwv11Z)00 r'ii: vuiv iicv i i-vuiv ucv i o Gale Associates, Inc. SB -147052-B CNA (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS in the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE Name of Designated Entity: Address/Contact Information of Designated Entity: *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following conditions are added: 1. If the policy is cancelled or not renewed, we will give written notice of such cancellation or nonrenewal to the Designated Entity shown in the Schedule above, or in the Declarations. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity will state the effective date of cancellation or nonrenewal. However, such notice of cancellation or nonrenewal is solely for the purpose of informing the Designated Entity of the effective date of cancellation or nonrenewal and does not grant, alter, or extend any, rights or obligations under this policy. s 2. If we cancel or elect not to renew the policy for any reason other than nonpayment of premium, $ we will give written notice to the Designated Entity shown in the Schedule above, or in the Declarations at the same time notice is given to the first Named Insured. SB -147052-B (Ed. 06/11) 3. If we cancel or elect not to renew this policy for nonpayment of premium, we will give written notice to the Designated Entity shown in the Schedule above, or in the Declarations. Such notice may be provided before or after the effective date of cancellation or nonrenewal. 4. Failure to give notice in accordance with the terms of this endorsement does not: a. Alter the effective date of policy cancellation, nonrenewal or expiration; b. Render such cancellation or nonrenewal ineffective; c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation or policy expiration, whichever comes first. Page 1 of 1 ruuuy* OUGUU11014 rII: U5/U1/ZU1 /-Ub/U1/ZUlb Gale Associates, Inc. CNA CNA68021XX (Ed. 02/13) NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. CNA68021XX (Ed. 02/13) Page 1 of 1 Copyright, CNA All Rights Reserved. Gale Associates, Inc. 6020017533 Effective: 05/01/17-05/01/18 SB300176C (Ed. 04/14) This insurance is excess over any other insurance available to such a joint venture, whether primary, excess, contingent, or on any other basis. B. The last paragraph of Section C. Who Is An Insured is deleted and replaced by the following: Except as provided in 5. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. The following is added to Section C., - Who is an Insured: A. The Businessowners Liability Coverage form is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled Liability and Medical Expenses Definitions — "Insured Contract' (Section F., item 9.), within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. $ 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" "s arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. Businessowners General Liability Conditions — Duties in the Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit' under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part. SB300176C (Ed. 04/14) Page 4 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SB300176C (Ed. 04/14) We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. Other Insurance (Section H.2. and H.3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. `" _............ _. fo Us (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." 9. Amendment- Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A.I. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. SB300176C (Ed. 04/14) Page 5 of 12 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CELESRATING50Y£ARS project Change Order Form GALEAdditional Services Authorization Project #:F8 3 2 1 Today's Date: 3/15/17 Requested By: Christopher Musorofiti Change Order # Project Name: Stevens Memorial Library Low Sloped Roof Replacement 02R1 New Ph./Task Name & #: Phase 03; Task 2 - Part time Resident Engineering Services .--------------------------------------- ---------------------------- Additional Services Requested ® Owner Requested Change? ❑ Scope Change? Value Engineering? ❑ Other: As a result of this change order, the contract for this project will be extended N/A Days The new estimated date of completion will be: N/A Additional scheduling/milestone notes: N/A Additional Services to Include the Following: Refer to Gale's Change Order 02 Narrative, dated March 15, 2017 attached. Compensation for Additional Services Compensation Type: ❑ Lump Sum Fee/Fixed Fee F-1 Time & Expense w/Limit ® Time & Expense ❑ Other ❑ Unit Fee Unit Type: Unit Cost: Reimbursable Markup: Consultant m/u: Expense m/u: Compensation Amounts: Gale Fee/Labor Amount Consultant Expense Amount Consultants are reimbursable? Other Expense Amount Other Exps. are reimbursable? Total Original Amount: $52,490.00 $8,750.00 $61,240.00 Previous Change Orders: $5,765.00 $5,765.00 Subtotal to Date: $58,255.00 $8,750.00 ;67,005.00 Amount this Change Order: $20,000.00 $20,000.00 Total New Fee: $78,255.00 $8,730.00 $87,005.00 1. Additional services will be provided In accordance with the Base Agreement and upon receipt of an executed Change Order. ' 2. Additional services will commence upon return of a signed Additional Services Authorization Form. Schedule commencelpon receipt of executed Change Order. Accepted by: Toyveyof l- Gale �'f,4- A*c-1 </%.1�G� Christopher Musorofiti Print Name Printed Name Associate/Project Manager Title Title 4-Z Wednesday, March 15, 2017 Date Date Paoe I of I ✓oisinn i Low Sloped Roof Replacement and Associated Work at the Stevens Memorial Library 345 Main Street North Andover, MA Gale 1N 830021 Change Order 02 Narrative March 15, 2017 The original contract (#926, dated September 19, 2016) between the Town of North Andover (Town) and Gale Associates, Inc. (Gale) are to be modified as follows: PROJECT DESCRIPTION Provide part time resident engineering services for six to eight weeks based on the contractor's preliminary construction schedule. For budgeting purposes, this proposal is predicated on twelve (12) hours per week, for eight (8) weeks, all of which will be invoiced on a time and expense basis. SCOPE OF SERVICES Based upon our understanding of the project, we propose the following Scope of Services: • Have the staff engineer become familiar with the approved submittals, scope of work, and the contractor's schedule of operations. • Attend the pre -construction meeting at the site to become familiar with the construction team and operations. • Perform periodic onsite observations of the contractor's work. Written field reports outlining methods and materials of construction and progress will be submitted. — This proposal is limited to twenty hours per week, for eight weeks. The actual days on site will be determined based on the contractor's construction operations, but are anticipated to divided into three, part time days per week. • Assist the project manager in outlining potential issues or concerns for the Construction Team to review. • Document the conditions of the work site, pathways of construction equipment, dumpster locations, etc. • Document the date and time of the manufacturer and construction visitors who are on site. • Assist with the review of final project closeout documents and the contractor's completion of the work items. • Provide a project binder incorporating daily reports, submittals, correspondence and other project documentation upon project closeout. 1 LE COMPENSATION • Our compensation will be based on our time and expenses. We estimate a fee of $20,000 to provide the above Scope of Services. PROJECT PARAMETERS AND LIMITATIONS The project parameters and limitations referenced below are in addition to those referenced with the original contract, and subsequent change orders. • Gale services are limited to those stated above. If additional services not included in the above Scope of Services are requested, additional fees for such services will be charged on a time and expenses basis in accordance with our Schedule of Fees. Additional services may include, but are not limited to additional meetings, research, evaluation, testing, design, reviews, and communications related to our base Scope of Services and not specifically delineated in the described scope items above. • The compensation presented above includes the cost for Gale's administration staff to finalize and distribute the field reports, and Gale's Project Manager to review and comment on the field reports. • The hours presented above include the staff engineer's travel time to and from the site from Gale's headquarters in Weymouth, MA, as well as final edits related to the Project Manager/Engineer's field reports. It is anticipated that the majority of the field reports will be generated in the field. • The field reports will typically be provided within one weeks' time from the visit. Actual submission dates may change. Issues or concerns will be vocalized to the Contractor of Record (COR) either prior to the staff engineer's departure, or by phone conversation, before the final report is distributed. • Gale's staff engineer is not anticipated to provide the contractor with construction directives. The staff engineer will relay information to/from the Project Manager or Project Engineer, as incidents are reported/encountered. Final direction for any work will be issued either through the Owner, or Gale Project Manager/Engineer. REQUIRED DOCUMENTS We have enclosed Project Change Order No. 02R1 to serve as written confirmation of the contract amendment. Please execute and return a copy for our files. I:\830021\00 marketing and accounting\contracts\additional service proposals\CO 02 RE services\Stevens Library Change Order 02 2017 0315 RE Services REV 0320.docx GALE ASSOCIATES, INC. 163 Libbey Parkway, P.O. Box 890189 Weymouth, Massachusetts 02189-0004 781.335-6465 SCHEDULE OF FEES Fees for services are based on the time worked on the project by staff personnel in accordance with the following schedule: Principal $225/hr Senior Associate $210/hr Associate $195/hr Sr. Project Manager/Sr. Structural Engineer $185/hr Project Manager $170/hr Sr. Engineer/Architect/Planner $160/hr Project Engineer/Designer/Planner/Architect $150/hr Landscape Architect $140/hr Sr. Staff Engineer/Designer $135/hr Staff Engineer/Staff Designer $125/hr Sr. Technician/CAD Designer $125/hr Technician/CAD Drafter $110/hr Administrative Professional $110/hr Clerk/Word Processor/Admin Assistant $90/hr Fees for expert testimony at pre-trial conference, deposition, hearing, trial, or any other legal proceeding, including preparation time for any such testimony, will be billed at 1.5 times the hourly rate. Fees for expedited services will be billed at 1.3 times the hourly rate. Overtime will be charged for services for more than 8 hours per day, including travel, and all services on holidays, Saturdays, and Sundays. Overtime is charged at a rate of 1.5 times the regular hourly rate. In the event onsite construction observation services are provided, the minimum charge for an onsite visit will be 4 hours. This Schedule of Fees will be utilized for a period of six months from the date of submission unless otherwise provided in the Agreement and is subject to revisions at six- month intervals unless otherwise stipulated in the Agreement. Reimbursable Expenses Automobile expenses for personal or company vehicles will be charged at $0.50 per mile, plus toll charges for travel from Gale's office to the project and return and fortravel required in the conduct of work. LGALE JANUARY 2017 The following items of direct non -salary expenses shall be billed at Gale's cost plus 15%. 1. Transportation and living expenses incurred for out-of- town projects. 2. Long distance telephone calls, facsimiles, telegrams and cables. 3. Delivery charges for samples, field testing equipment, etc. 4. Laboratory equipment and instrumentation directly Identifiable to the project and specifically noted in Gale's proposal. 5. Purchase of specialized equipment and rental of equipment from outside vendors. 6. Photographs for project records and reproduction of drawings and reports. 7. Computer services provided by outside vendors. 8. Drafting and word processing services and other labor provided by outside contract personnel. 9. Use of rental vehicles. 10. Contractor and sub -consultant services. Andrew W. Maylor Town Manager 6,t,t vaW Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townofnorthandover.com January 27, 2017 Mr. Christopher Musorofiti Associate/Project Manager Gale Associates, Inc. 163 Libbey Parkway, P.O. Box 890189 Weymouth, MA 02189 Dear Mr. Musorofiti: Telephone (978)688-9510 Fax (978)688-9556 The contract between the Town of North Andover and Gale Associates, Inc. to provide engineering consulting services for the Stevens Memorial Library roof project is hereby amended to include the additional scope of work (per the attached) with an additional increase of $5,765. If you have any questions and/or concerns, please call Ray Santilli, Assistant Town Manager, at 978-688-9516. Sincerely, Andrew W. Maylor Town Manager cc., Stephen Foster, Facilities Management Contract File Low Sloped Roof Replacement and Associated Work at the Stevens Memorial Library 345 Main Street North Andover, MA Gale JN 830021 Change Order 01 Narrative January 26, 2017 The original contract (#926, dated September 19, 2016) between the Town of North Andover (Town) and Gale Associates, Inc. (Gale) are to be modified as follows: • Provide field confirmation of the existing clay the roof areas to confirm detail configurations and profiles. • Generate an additional roof area plan identifying the individual roof areas which are to be removed and replaced under this project. • Generate the details related to the clay the roofing to address the replacement of individual areas. • Generate the technical section related to the clay tile roofing. • Modify the current technical specifications for coordination of the clay tile roofing. • Generate the Division One, Alternate section related to the clay the roofing. Project Parameters and Limitations The project parameters and limitations referenced below are in addition to those referenced with the original contract. • The individual clay tile areas are onlythose areas which have been identified bythe Town, and shown on the attached roof area plan. All clay tile roof areas are not to be replaced as part of this project. • The repairs will incorporate the removal and replacement of the clay the roofs, including the hip tiles at the limits of the roof area. As damages will likely occur in transitioning the new hips, one additional clay tile will be specified for replacement on the adjacent roof areas. • The existing gutter systems are designated to remain. Modifications or replacement of these items are not anticipated to be performed under this project. • The technical specifications will be incorporated into the current design documents which have been generated for this project; a new, individual design package is not anticipated. l:\830021\00 marketing and accounting\contracts\additional service proposals\CO 01\Stevens Library Change Order 01 2017 0126.docx v T-1 of --)I I z Q w J a U W O O Z LL, a w I S a a a a Lu w w w a a a a O o o O O O O O af � w w z Q w J a U W O O Z LL, a w I S TOWN OF NORTH ANDOVER CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES CONTRACT #qalp DATE: 02— / C% [) D 1 lD This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Gale Associates, Inc. Address: 163 Libbey Parkway, P.O. Box 890189 Weymouth, MA 02189 Telephone Number: 781-335-6465 Fax Number: 781-335-6467 1. This is a Contract for the procurement of the following: Engineering consulting services (including design, bid and construction period services) for Stevens Library roof project in accordance with Request for Qualifications dated May 11, 2016 and revised proposal dated July 29, 2016 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Evaluation and design services Bid period services Construction period services Reimbursable expenses Contractor services for test cuts Mechanical/plumbing sub0consultant On-line bid document distribution $ 29,975 (fixed fee) $ 3,750 (fixed fee) $ 18,765 (time and expenses) $ 52,490 $ 1,250 $ 6,000 $ 1,500 (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 1 3. Payment will be made as follows: Monthly 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. 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. 4.8 Standard of Care: Contractor's services shall be performed in accordance with the generally accepted professional standard of care ordinarily used by design professionals performing similar scope of services in the same geographic area on projects of similar size and complexity. (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 2 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, 2017, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 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 (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 3 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 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 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. General Laws Chapter 7, Sections 38A %2 - 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. (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 4 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 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 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. (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 5 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. Liabilitv of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) 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. (Rev 20 10) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 6 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. 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, (Rev 20 10) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 7 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 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). (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 8 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 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 "E" — Applicable to Contracts for Professional Engineering Services (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, 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. TUT T(IUPN TAn Manager7 Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town AWcountant Date THE CONTRACTOR Gale Associates, Inc. Company Name 9-12-16 Signale Date Jon F. Lindberg,Principal Print Name & Title (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 10 SUPPLEMENT "E" This form supplements the general provisions of the Contract between the Town of North Andover, and Gale Associates, Inc., which Contract is a contract for the procurement of engineering services. "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 20 10) Contract by and between the Town of North Andover and Gale Associates, Inc. Page 11 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 TOWN OF NORTH ANDOVER Town Manager /-^P- Divi>01eparrtment Head THE C Jon (Rev 2010) Contract by and between the Town of North Andover and Gale Associates, Inc. , Inc. , Principal Page 12 I 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 Jon F. Lindberg, P.E., RRC Print Name & Title June 1, 2016 Date Gale Associates, Inc. Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Jon F. Lindberg, P.E., RRC , authorized signatory for Gale Associates, Inc. Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. June 1, 2016 Date Town of North Andover RFQ Architect/Design Services — Roofing Systems at Stevens Memorial Library Page 12 of 40 held on CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Gale Associates, Inc. 1/26/16 it was VOTED, THAT Jon F. Lindberg, P.E., RRC President (Name) (Officer) of Gale Associates, Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Gale Associates, Inc. , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Jon F. Lindberg, P.E., RRC on its behalf by such officer under seal of Gale Associates, Inc. , shall be valid and binding upon I hereby certify that I am the clerk of the above named Gale Associates, Inc. and that Jon F. Lindberg, P.E., RRC is the duly elected officer as above of said Gale Associates, Inc. . and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. June 1, 2016 Kathleen A. Forrand` (Date) (Clerk) 90 01,4 ..... ;a Page 13 of 40 Town of North Andover RFQ Architect/Design Services — Roofing Systems at Stevens Memorial Library GALEASS-01 CREINHARDT ACORQ" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 9/13/2016 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 Ames & Gough 859 Willard Street Suite 320 CONTACT NAME: PHONE - FAX (AN, o. gt): (617 )3286555 (AIC, No): (617) 328-6888 IC ADDRESS: boston@amesgough.com Quincy, MA 02169 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Casualty Co of Reading, PA A(XV) 20427 INSURED INSURER B: Transportation Insurance Company 20494 Gale Associates, Inc. INSURER C: Continental Insurance Co A(XV) 35289 163 Libbey Parkway P.O. Box 890189 INSURER D: Lexington Insurance Company A, XV 19437 INSURER E: Weymouth, MA 02189-0004 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. ILTR TYPE OF INSURANCE LTR ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYW LIMITS A I X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE TOCCUR X X 6020017533 05/01/2016 05101/2017 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Anyone person) $ 10,000 I PERSONAL 8 ADV INJURY $ 2 ,000 ,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY T PECOT-a LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ i OTHER: AUTOMOBILE LIABILITY I MBI Ea accideDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ B IX ANY AUTO X X 6020017614 05/01/2016 05/01/2017 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED .AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ (Per accident) X UMBRELLA LIARX OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE X X 6020068143 05/01/2016 05/01/2017 I DED I X I RETENTION$ 0 1 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A X 620017578 05/01/2016 05101/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Professional Liab 031711024 05/01/2016 05/01/2017 Per Claim 2,000,000 D I 031711024 05/01/2016 05/01/2017 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All Coverages are in accordance with the policy terms and conditions. RE: Stevens Library Roof Replacement Design, Bid & CPS Services JN# 830021 Town of North Andover shall be listed as additional insured with General, Auto and Umbrella Liability where required by written contract. A Waiver of Subrogation and 30 Day Notice of Cancellation is provided in accordance with the policy terms and conditions. rCOTICICATF W111 111=0 CANCFI_LATION © 1988-2014 ACURD GURPURA I IUN. All rlgnts reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street Attn: Raymond T.Santilli, Assistant Town Manager North Andover, MA 01845 AUTHORIZED REPRESENTATIVE © 1988-2014 ACURD GURPURA I IUN. All rlgnts reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD