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HomeMy WebLinkAboutContract #: 007564 - From: 10-01-2011 To: 09-30-2014 - Water Safety Services, Inc - Town of North AndoverURBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 0211.0-1727 CAROL HAJJAR MCGRAVEY OF COUNSEL e-mail chm@uf-law.com October b, 2011 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: CONTRACT WITH WATER SAFETY SERVICES, INC. Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier617-338-0122 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, Xrol �Hajjjjar McGravey CHM/kmp Enclosure s:\wp51\work\n-andove\coffesp\santilli.Itr - contracM.docx TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: poRrN Of At�io ,e1N0 1O 000 A �RAI'101��``'(y 4SSACHUSE� September 26, 2011 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, along accompanying documentation, between the Town of North Andover and Water Safety Services, Inc. to implement a cross connection control program for the Water Treatment Plant. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures 0 cr CD m m F7 I ir 0 0 0 m 0 n 0 0 0 a 0 m 00 OD 0 (0 W n pa OD 4 t" 0 0 m 1p 0 CD dD Co 4 -4 -n x CA) (D 0 co Cl) CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on �/a�[ it was VOTED, THAT 906eX7/6- (Name) (I- fie/ q Se z ee-5 f� G 2 / .'I (Officer) of#A&&FcT�p tc s 1n, be and hereby is authorized to execute contracts and bonds in the name and on behalf of said t,(% -e%� Si�iu�i��5�re� and affix its corporate seal hereto; and such execution of any contract or obligation in the name of(�1T�e(,�SP�[Ui s on its behalf by such officer under seal of (,t> FT Sexocesinc, shall be valid and binding upon S' re I hereby certify that I am the clerk of the above named and that �t�ex-16- l�%. is the duly elected officer as above of said & AFeM4 Sea✓&s rune- , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. q ' j," i/ I - (date) Certification of the Corporate Clerk Xad "e- , &k -- (Clerk) CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature ,&��_� qlz,,�g,4 Print Name & Title Date Company Nam CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory g rY for U)A&S�9,-_e;rj/S'P�cU ces .lr v 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. y 'a Signature Date y/1 A � O CERTIFICATE OF LIABILITY INSURANCE 9� E(MWDD i") 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 Saltmarsh Insurance 751 Main Street P.O. Box 458 Winchester MA 01890 CONTACT Claire Galvin NAME: PHONE (JB1) %29-4615 FAX A/C No: (781)729-3756 EMAIL AD R INSURERS AFFORDING COVERAGE NAIC # INSURERA:Phoenix Insurance Company 5623 INSURED WATER SAFETY SERVICE INC. 6 WALNUT HILL PARK, SUITE 5 WOBURN MA 01801 INSURERB:The Travelers Indemnity Co. 25658 INSURERc:Travelers Indemnity Co of Ct 5682 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NLIMRFR2011 master RFVISIf)N 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 LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 6805336H449 /15/2011 /15/2012 DAMAGEPREMISESS ( ENTED 30O 000 $ Ea occurrence r MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ CUP1384Y136 /15/2011 /15/2012 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? [n (Mandatory in NH) N / A B5049L378/25/2011 /25/2012 WC STATU-X OTH- EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is an Additional Insured with respect to general liability as required by written contract. laK I It-IGA I t MULUtK GANGtLLA 1 IUN Town of North Andover 120 Main St North Andover, MA 01845 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE re Galvin/CLAIRE ©1988-2010 ACORD CORPORATION. All rights reserved INS025 (201005).01 The ACORD name and logo are registered marks of ACORD TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Robert G. Heitz, Jr. — President Water Safety Services, Inc. Six Walnut Hill Park Woburn, MA 01801 Dear Mr. Heitz: E v10R71i 1 O neo 1. S CHL) � A Og1ilO rPP``'�y September 20, 2011 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award the contract to Water Safety Services, Inc to fully implement a Cross Connection Control Program for the Town of North Andover Water Treatment Plant for the period of October 1, 2011 through September 30, 2014. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates list the Town of North Andover as an "additional insured". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER CONTRACT DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Water Safety Services, Inc. Address: Six Walnut Hill Park Woburn, MA 01801-3720 Telephone Number: 781-932-8787 Fax Number: 781-932-0957 1. This is a Contract for the procurement of the following: Fully implement a Cross Connection Control Program for the Town of North Andover for the period of October 1, 2011 through September 30, 2014 2. The Contract price to be paid to the Contractor by the Town of North Andover is: In accordance with the written proposal dated September 20, 2011 (attached) 3. Payment will be made as follows: Subsequent to delivery of services and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and Water Safety Services, Inc. Page I IPt 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before September 30, 2014, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and Water Safety Services, Inc. Page 2 Water Safety Services, Inc. Six 2 dmd " Yw&) W d w ) A& VISCI -372C 781-932-8787 - 888-932-8787 Jeeefax - 781-932-0957 09/20/2011 NORTH ANDOVER TREATMENT PLANT 420 GREAT POND ROAD NORTH ANDOVER, MA 01845 ATT: LINDA HMURCIAK Re: Contract Price Proposal Dear Mrs. Hmurciak: The following is a list of services and charges to fully implement a Cross Connection Control program for the Town of North Andover. TestingCharges ...................................................$30.00 per test (No Charge for Town owned facilities) Re -test Charges for test failure.................................No Charge SurveyCharges....................................................No Charge ** Design Data Sheet plan approval..............................No Charge Dedicated Computer Software Program......................No Charge Billing, Letters and Mailings....................................No Charge ** All Annual System Surveys, new facility surveys, or a request by the Superintendent to perform a specific survey will be performed at No Charge. A charge for surveys, $27.00 per survey, will only incur if the Town decides to formally request a new, complete survey of the entire town. Only new facilities to be included in the Cross Connection Control program will be charged. These prices and terms are good for three years, starting in October 2011. If you have any questions or concerns please contact me at your earliest convenience. Sincerely, Robert G. Heitz, Jr. — President Water Safety Services Inc. Santilli, Ray From: Santilli, Ray Sent: Friday, September 16, 20119:50 AM To: Hmurciak, Linda Cc: Thibodeau, Bruce Subject: Water Safety Services Importance: High After review by Town Counsel and the Inspector General's Office, the proposed services to be provided by Water Safety Services have been deemed to be exempt from M.G.L. c30B bidding. However, the execution of a contract is still required. Please have Water Safety Services submit an updated price proposal (the previous submission is dated April 2011) for the period beginning October 1, 2011. If you wish to enter into a multi-year agreement (up to 3 years), the price proposal should address that time frame. Once I receive the price proposal, I will prepare the required contract documents to send to Water Safety Services for execution. Please be advised that prior to a contract be executed, Water Safety Services should not be providing any services as their invoice may not legally be able to be processed. If you have any questions, please call me. JZa* San t[ffi Assistant Town Manager Town of North Andover Santilli, Ray From: Hmurciak, Linda Sent: Monday, September 12, 20118:09 AM To: Santilli, Ray Subject: FW: Water Safety Services Morning Ray, All of the people who work for Water Safety Services are holders of the Massachusetts license of a backflow prevention device tester. Most of his people are holders of a combination tester/surveyor license. You must be a licensed tester to perform tests on backflow prevention devices according to Massachusetts regulations, and ONLY a Massachusetts licensed surveyor can approve the required Design Data Sheet and plumbing plan (drawings) for the installation of a backflow prevention device. Hope this helps as he is scheduled to start again in a few weeks. Thanks - Linda From: Santilli, Ray Sent: Friday, September 09, 2011 12:51 PM To: Hmurciak, Linda Subject: Water Safety Services Linda, In reviewing your request to exempt from M.G.L. c30B requirements the contracting of surveying and testing services with Water Safety Services, Inc, Town Counsel is inquiring as to exactly what type of license is held by these consultants. Please advise. Thanks J Safiffi Assistant Town Manager Town of North Andover Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. Santilli, Ray From: Santilli, Ray Sent: Friday, September 09, 2011 12:21 PM To: 'Carol McGravey' Subject: M.G.L. c30B Exemption Attachments: S35C-411090911070.pdf Carol, As previously mentioned, attached is a request from Linda Hmurciak and Bruce Thibodeau to exempt from M.G.L. c30B requirements the contracting of surveying and testing services with Water Safety Services, Inc. Although not specified in her memo, I believe Linda is basing her claims on § 1, Exemption 32A with the definition of `Architect and Engineer' as outlined in §2. Please review and advise. Thanks 9?aq Swdiffi Assistant Town Manager Town of North Andover INTEROFFICE MEMORANDUM DATE: 8-10-11 TO: Bruce Thibodeau, DPW Director FROM: Linda Hmurciak, Supt., Drinking WTP CC: Ray Santilli, Procurement Officer RE: Procurement Exemption Based on Chapter 30B, Section 21, "Projects requiring architectural, engineering or related professional services", i am requesting that our Cross Connection Control Program (CCCP) fall into this category to be exempt from the procurement bidding laws. Any one that works in the CCCP field has to be licensed and certified by the State to investigate, inspect and test all cross -connection. devices. They have to be licensed and certified. to review plans and specifications, do design work and design review, along with providing a computer software program that creates reports and spreadsheets documenting this work, as well as communicating and billing each customer for the Town. Based on these requirements I feel that this profession falls under Section 21 of Chapter 30B and thus, am requesting a three year contract with Water Safety Services. Water Safety Services, Inc. Six W.1..t_A11Parh, WoLrn, Ma. 01801-3720 781-932-8787 - 1-888-932-8787 Jelelax - 781-932-0957 ADDENDUM #1 TO PROPOSAL FOR CROSS CONNECTION CONTROL PROGRAM 1. Cross Connection Survey: No Charge Water Safety Services, Inc. will conduct the cross connection survey program as currently in effect. New facilities will be surveyed at no charge, individual resurveys, as requested, will be performed at no charge and our annual system survey will be performed at no charge. The quotation page fee listed would be used should the Town of North Andover decide to implement a new, formal survey of all facilities within the Town. only those facilities that will be active in the cross connection control program will be charged for surveys. All other facilities will be surveyed at no charge. 2. Re -test for Failure: No Charge Water Safety Services, Inc. will re -test for failure as currently in effect. Re -tests when performed according to regulations (14 days) will be performed at no charge. All of the requirements for the full implementation of an effective Cross Connection Control program including meetings, mailings, phone calls and postage, consultation with customers and the customers tradesmen, installation inspection and the approval of Design Data Sheets and plumbing plans are provided to the Town of North Andover Water Department. Water Safety Services,Inc is the only firm with experience in residential survey and testing. Please check our references and note that Water Safety Services, Inc provides this service to more cities and towns than any other firm. We are local and available 24/7/365 for your needs. Please compare our insurance coverage versus our competitors, ours is much more for your protection.'. Water Safety Services, Inc. Six Walnut ASPark Wo4urn, Ma. 01801-3720 781-932-8787 - 1-888-932-8787 Jell. - 781-932-0957 TOWN OF NORTH ANDOVER 04/11/11 WATER TREATMENT PLANT 420 GREAT POND RD. NORTH ANDOVER, MA. 01845 ATT: DENNIS BEDROSIAN Re: QUOTATION FOR CROSS CONNECTION CONTROL PROGRAM Dear Mr. Bedrosian: Water Safety Services, Inc. is pleased to provide you with quotation for the Town of North Andover Cross Connection Control program. Per our discussion, the following items were presented for quotation: SURVEY.......................................$20.00 ** TESTING......................................$32.00 MUNICIPAL TESTS..............................NO CHARGE RE -TESTS FOR FAILURE .........................NO CHARGE INITIAL TEST & DESIGN DATA PLAN APPROVAL..... NO CHARGE COMPUTER PROGRAM/SOFTWARE PACKAGE ............ NO CHARGE BILLING, FORMS, LETTERS, NOTICES, ETC ........ NO CHARGE ** SEE ATTACHED ADDENDUM Water Safety Services, Inc. only business is to assist cities and towns with the implementation of their Cross Connection Control programs. We will continue to implement your program as we have in the past and continue to be available to serve your needs. Sincerely, ROBERT G. HEITZ, JR. PRESIDENT a General Laws: CHAPTER 30B, Section 2 PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE III LAWS RELATING TO STATE OFFICERS CHAPTER 30B UNIFORM PROCUREMENT ACT Section 2 Definitions Page 1 of') Print Section 2. As used in this chapter the following words shall, unless the context requires otherwise, have the following meanings: -- "Architect and engineer", (i) a person performing professional services of an architectural or engineering nature, as defined by law, which are required to be performed or approved by a person licensed, registered or certified to provide such services as described herein; (ii) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, investigations, inspections, tests, evaluations, consultations, program management, value engineering, construction, alteration, or repair of real property; and (iii) such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions and individuals in their employ may logically or justifiably perform, including studies, investigations, surveying and mapping, soil tests, construction phase services, drawing reviews, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, soils engineering, cost estimates or programs; preparation of drawings, plans, or specifications, supervision or administration of a construction contract, construction management or scheduling, preparation of operation and maintenance manuals and other related services. "Bid", a written offer to provide a supply or service at a stated price submitted in response to an invitation for bids. "Chief procurement officer", the purchasing agent appointed pursuant to section one hundred and three of chapter forty-one, or as to any city or town which has not accepted said section, an individual duly appointed in a city having a city manager, by the city manager, in a town having a town manager, by the town manager, in any other town, by the selectmen, or, in any city or town otherwise providing by charter or local by-law for the appointment of a chief procurement officer, in accordance with such charter or local by-law, to procure all supplies and services for the city or town and every governmental body thereof; an individual duly appointed in a district by the prudential committee, if any, otherwise the commissioners to procure all supplies and services for the district; an individual duly appointed in a regional school district by the regional school district committee to procure all supplies and services for the regional school district; an individual duly appointed in a county having a county executive, by the county executive, or in any other county, by the commission, to procure all supplies and services for the county and every governmental body thereof; or an individual duly appointed by the governing board of an authority or other governmental body to procure supplies and services for the authority or governmental body. "Contract", all types of agreement for the procurement or disposal of supplies or services, regardless of what the parties may call the agreement. "Contractor", a person having a contract with the governmental body. [ Definitions of "Cooperative purchasing" and "Electronic bidding" inserted following definition of "Contractor" by 2010, 188, Sec. 7 effective July 27, 2010.] "Cooperative purchasing", procurement conducted by, or on behalf of, more than 1 public procurement unit or by a public procurement unit with an external procurement activity. "Electronic bidding", the electronic solicitation and receipt of offers to contract for supplies and services; provided, --,Or that nrtPrc r„av ha accented and contracts may be entered into by use of electronic bidding. General Laws: CHAPTER 30B, Section 1 . PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE III LAWS RELATING TO STATE OFFICERS CHAPTER 30B UNIFORM PROCUREMENT ACT Section 1 Application of chapter Page 1 of 3 / Print Section 1. (a) This chapter shall apply to every contract for the procurement of supplies, services or real property and for disposing of supplies or real property by a governmental body as defined herein. (b) This chapter shall not apply to: [ Clause (1) of subsection (b) effective until July 27, 2010. For text effective July 27, 2010, see below.] (1) a contract subject to the provisions of section thirty-nine M of chapter thirty, section 11I of chapter 25A or sections forty-four A to forty-four 1, inclusive, of chapter one hundred and forty-nine; [ Clause (1) of subsection (b) as amended by 2010, 188, Sec. 4 effective July 27, 2010. For text effective until July 27, 2010, see above.] (1) a contract subject to the provisions of section thirty-nine M of chapter thirty, section 11C or section 111 of chapter 25A or sections forty-four A to forty-four 1, inclusive, of chapter one hundred and forty-nine; (2) a contract subject to the provisions of sections thirty-eight Al/2 to thirty-eight O, inclusive, of chapter seven; (3) an intergovernmental agreement subject to the provisions of section four A of chapter forty; [ Clause (4) of subsection (b) effective until July 27, 2010. For text effective July 27, 2010, see below.] (4) a transaction with the commonwealth; [ Clause (4) of subsection (b) as amended by 2010, 188, Sec. 5 effective July 27, 2010. For text effective until July 27, 2010, see above.] (4) a transaction with the commonwealth, except as pertains to subsection (i) of section 16; (5) a contract for the purchase of materials, under specifications of the state department of highways, and at prices established by the department, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of chapter eighty-one or chapter ninety; (6) a contract for the advertising of required notices; (7) an agreement between agencies, boards, commissions, authorities, departments or public instrumentalities of one city or town; (8) an agreement for the provision of special education pursuant to chapter seventy-one B and regulations promulgated pursuant thereto; General Laws: CHAPTER 30B, Section 1 Page 2 of 3 (9) a contract to purchase supplies or services from, or to dispose of supplies to, any agency or instrumentality of the federal government, the commonwealth or any of its political subdivisions or any other state or political subdivision thereof; (10) the issuance of bonds, notes or securities in accordance with procedures established by law; (11) contracts and investments made in accordance with sections fifty-seven or fifty-seven A of chapter thirty-five or sections sixty-seven or sixty-seven A'of chapter forty-four; (12) a contract for the procurement of insurance or surety bonds, including an agreement subject to the provisions of sections one to sixteen, inclusive, of chapter forty M or the provisions of sections twenty-five E to twenty-five U, inclusive, of chapter one hundred and fifty-two; (13) contracts for the services of expert witnesses for use in an adjudicatory proceeding or litigation or in anticipation thereof; (14) any contracts or agreements entered into by a municipal gas or electric department governed by a municipal light board, as defined by section fifty-five of chapter one hundred and sixty-four or by a municipal light commission, as defined by section fifty-six A of said chapter one hundred and sixty-four; provided, however, that any such board or commission may accept the provisions of this chapter by a majority vote of its members; (15) contracts with labor relations representatives, lawyers, or certified public accountants; (16) contracts with physicians, dentists, and other health care individuals or persons including nurses, nurses' assistants, medical and laboratory technicians, health care providers including diagnosticians, social workers, psychiatric workers, and veterinarians; (17) a contract for snow plowing by a governmental body; (18) a contract or lease by a governmental body of its boat slips, berths, or moorings; (19) a contract for retirement board services; (20) a contract which is funded by proceeds derived from a gift to a governmental body or a trust established for the benefit of a governmental body; (21) a contract for the towing and storage for motor vehicles; (22) a contract to provide job-related training, educational or career development services to the employees of a governmental body; (23) a contract pursuant to which a governmental body obtains services from a bank, as defined in section one of chapter one hundred and sixty-seven, subject to the maintenance of a compensating balance; (24) a contract for ambulance service by a governmental body; (25) a contract to sell lease or acquire residential, institutional, industrial or commercial real property by a public or quasi -public economic development agency or urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority; (26) a contract for the collection of delinquent taxes or for the services of a deputy tax collector; (27) contracts or agreements entered into by a municipal hospital or a municipal department of health; General Laws: CHAPTER 30B, Section 1 Page 3 of 3 (28) contracts entered into by a governmental body on behalf of a hospital owned by such governmental body where such contract is funded by expenditures from an operations account, so-called, or a special account, established pursuant to a special act that is maintained for the benefit of and designated with the name of such hospital; (29) any contracts, agreements or leases entered into by a municipal airport commission established under the provisions of section fifty-one E of chapter ninety; provided, however, that such contracts, agreements or leases apply to aviation uses or the sale of aviation fuel; (30) a contract for the collection, transportation, receipt, processing or disposal of solid waste, recyclable or compostable materials; (31) an agreement for the purchase of photography services entered into by a public school; (32) energy aggregation contracts entered into by a political subdivision of the commonwealth for energy or energy related services arranged or negotiated by such subdivision on behalf of its residents; (32A) contracts with architects, engineers and related professionals;. (33) energy contracts entered into by a city or town or group of cities or towns or political subdivisions of the commonwealth, for energy or energy related services; provided, however, that within 15 days of the signing of a contract for energy or energy related services by a city, town, political subdivision, or group of cities, towns or political subdivisions said city, town, political subdivision, or group of cities, towns or political subdivisions shall submit to the department of public utilities, the department of energy resources, and the office of the inspector general a copy of the contract and a report of the process used to execute the contract; provided, further, that for any such contract determined to contain confidential information under subclause (r) of section 7 of chapter 4, the governmental body shall instead maintain a record of the procurement processes and awards for 6 years after the 'date of the final payment. The governmental body shall make such records available to the inspector general upon request; provided, however, that the inspector general shall not disclose said information; or (34) a contract made in accordance with section 5 of chapter 111C. (c) This chapter shall be deemed to have been complied with on all purchases made under the provisions of sections twenty-two A and twenty-two B of chapter seven when one political subdivision, as defined in said section twenty-two A, acting on behalf of other political subdivisions, complies with the provisions of this chapter, or when purchases are made from a vendor pursuant to a contract with the commonwealth for the item or items being purchased. (d) Where a procurement involves the expenditure of federal assistance or contract funds, the provisions of this chapter shall not apply to the extent that such provisions prevent compliance with mandatory provisions of federal law and regulations. (e) Notwithstanding the provisions of any general or special law to the contrary, a governmental body may enter into a contract, in conformance with this chapter, for the construction and for services at a facility owned by a private party or parties, whether such facility will be located on public or private land for the disposal, recycling, composting or treatment of solid waste, sewage, septage or sludge without said contract being subject to the competitive bid process as set forth in sections thirty-eight A1/2 to thirty-eight 0, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four 3, inclusive, of chapter one hundred and forty-nine; provided, however, that this subsection shall not apply to a procurement of proprietary environmental technology in accordance with subsection (5) of section forty-four A of chapter one hundred and forty-nine. [ Subsection (f) added by 2010, 188, Sec. 6 effective July 27, 2010.] (f) This chapter shall be deemed to have been complied with on all purchases made from a vendor pursuant to a General Services Administration federal supply schedule that is available for use by governmental bodies.