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Contract #: 1187 - From: 04-15-2019 To: 04-14-2020 - Scherbon Consolidated Inc. - Facilities
TOWN OF NORTH ANDOVER CONTRACT 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: Scherbon Consolidated, Inc. Address: 40 Haverhill Road Amesbury, MA 01913 Telephone Number: 978-388-3132 Email: chris.macrae@scherbon.com 1. This is a Contract for the procurement of the following: Preventative maintenance and as needed repairs of emergency power generators located at all municipal and school buildings as well as water booster and sewer pump stations for the period of April 15,2019 through April 14,2020 (with one additional one year renewal solely at the discretion of the Town) in accordance with the Invitation for Bids dated March 2, 2019 and the attached scope of services. 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Per attached unit price list 3. Payment will be made as follows: Upon completion of services and receipt of invoice (net 30) 4. Definitions 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated, Inc. Page I 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. 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 April 14, 2020, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages,penalties or other charges. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated, Inc. Page 2 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 3 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 To 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 To may keep the whole or any part of the amount for expenses, losses and damages incurred by the To 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 the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B—Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged oremployed 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- (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 4 law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or 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, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. 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 (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated, Inc. Page 5 instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the To of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the To of North Andover shall be individually or personally liable on any obligation of the To 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) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees,agents, subcontractors,material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the To for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts(The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the To for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 6 The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto,except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor(except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data,reports,programs, software,equipment, furnishings,and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary,there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 7 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth,which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager,Town Hall, 120 Main Street,North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties,with no agreements other than those incorporated herein. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 8 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 3013) [ X] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated, Inc. Page 9 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN THE CONTRACTOR Divi ' Depa ment Head Company Name Contract Manager J.a Town ManagV ate Signature Date L-�—� 1 Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: 4w � &I �ffqo q L w/ To ccountant Date (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 10 SUPPLEMENT"C" CONSTRUCTION SUPPLEMENT"C"-Applicable to Contracts for the construction of., (1)Public Buildings and Public Works (governed by the provisions of General Laws Chapter 30B); (2)Public Buildings (governed by the provisions of General Laws Chapter 149,§ 44A, et seq.); and (3)Public Works (governed by the provisions of General Laws Chapter 30, §39M, et seq) 1. This form supplements the Town of North Andover"Contract and General Conditions" and applies only to contracts for the construction,reconstruction,alteration,remodeling or repair of public work or public buildings. 2. Wherever the law requires one contracting with a city or town to be bonded, such obligation shall be understood to be a term and condition of this Contract. The Contractor agrees to secure such bond (where required)in the form required by the Town and provide an original thereof to the To prior to the commencement of performance. 3. Eqqaliiy: 3.1. In the case of a closed Specification written for a specific item or items to be furnished under the Base Bid,such specifications shall,as applicable,be in compliance with the Massachusetts General Laws,Chapter 30, Section 39M and Chapter 149, Sec.44A et seq. 3.2. Where the name of an item,material or manufacturer is mentioned in the Specifications or on the Drawings,except as above noted,the intent is to establish a standard and in no way should be construed to exclude any item or manufacturer not mentioned by name,but whose product meets the Specifications as to design, utility and quality. Final decision shall rest with the Project Representative as to its acceptability. 4. Change orders to contracts governed by General Laws Chapter 30B may not increase the quantity of goods or services provided by more than twenty-five(25%) per cent in compliance with Sec. 13 of Chapter 30B. 5. 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, Sec. 1,et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, Sections 26 and 27D(Prevailing Wage), as shall be in force and as amended. 6. The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the property of the Town and others,including adjacent property,from injury or loss arising in (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 11 connection with the Contract. The Contractor shall make good any such damage,injury or loss,except as may be directly due to errors in the Contract Documents or caused by agents or employees of the Town,or due to causes beyond the Contractor's control and not the Contractor's fault or negligence. 7. The Contractor shall take all necessary precautions for the safety of employees on the work,and shall comply with all applicable provisions of Federal, State and local laws and codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor will erect and properly maintain at all times, as required by the conditions and progress of the work,all necessary safeguards for the protection of workers and the public,shall post danger signs warning against the hazards created by such features of construction such as pits, protruding nails, hosts, well holes,elevator hatchways, scaffolding, window openings, stairways and falling materials; and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents. 8. The Town shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access. 9. The Contractor shall appoint a competent superintendent and foreman and any necessary assistants,all of whom shall be satisfactory to the Town. If the Town in its sole discretion determines that the construction superintendent, foreman, or assistants are unacceptable to the Town, then upon seven days notice from the Town,the Contractor shall replace such person or persons with people acceptable to the Town. 10. The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractor shall carefully study and compare the drawings, specifications and other instructions and shall at once report to the Town any error, inconsistency or omission which shall be discovered. Included in this responsibility shall be supervision of all work performed by subcontractors on the work. IL If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions,the Town,upon three days written notice,may,without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 12. Inspection by the Town's Project Representative 12.1. The Town shall have the right to designate a Project Representative who may make periodic visits to the site to familiarize the Town generally with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work,and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of these observations while at the site, the Project Representative will keep the Town informed on the progress of the work, will endeavor to guard the Town against defects and deficiencies in the work of contractors, and may condemn structural work as failing to conform to the Contract Documents. The Project Representative shall have authority to act on behalf of the Town only to the extent expressly delegated by the Town, which shall be shown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 12 12.2. In connection with the work, the Project Representative shall not be responsible for construction methods, means, techniques, sequences or procedures employed by the Contractor or the Contractor's safety programs,requirements,regulations,or precautions. 13. Decisions of the 13.1. The Project Representative shall, within a reasonable time, make decisions on all claims of the Town or the Contractor and on all other matters relating to the execution and progress of the structural work or the interpretation of the Contract Documents. 13.2. The Project Representative's decision,in matters relating to the project,shall be final,if within the terms of the Contract Documents. 13.3. If, however, the Project Representative fails to render a decision within ten days after the parties have presented their evidence, either party may then avail itself of the remedies provided in this contract or available to it by law. If the Project Representative renders a decision after such remedies have commenced,such decision may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned. 14.1 Use of Premises by the Contractor: 14.1. The Contractor shall confine its apparatus, the storage of materials and the operations of its workmen to limits indicated by law, by-laws, permits or directions of the To and shall not unreasonably encumber the premises with its materials. 14.2. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. 15. Maintenance of Premises: The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work, and at the completion of the work it shall remove all its rubbish from and about the work site and all its tools, scaffolding and surplus materials and shall leave its work"broom-clean", or its equivalent, unless more exactly specified. In case of dispute, the To may remove the rubbish and charge the cost to the several contractors,as the Town shall determine to be just. 16. Ri ht to Terminate If the Contractor should(1)be adjudged a bankrupt,(2)make a general assignment for the benefit of creditors, (3) have a receiver appointed on account of its insolvency, (4) persistently or repeatedly refuse or fail to supply enough personnel and resources to perform the contract, (5)fail to make prompt payment to subcontractors or to providers of materials or labor, (6) persistently disregard laws and regulations or lawful directives of the Town, or (7) be guilty of a substantial violation of any provision of the Contract,then the Town may,without prejudice to any other right or remedy and after giving the Contractor(or any surety) seven days written notice, terminate the contract and the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it deems appropriate. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 13 In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid amount owed to the Contractor for work already completed shall exceed the expense of finishing the work, including compensation for additional architectural, managerial, legal and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balances,the Contractor shall pay the difference to the Town. The Contractor shall not be relieved of liability to the Town by virtue of any termination of this contract,and any claim for damages against the Contractor relating to the Contractor's performance under this contract shall survive any termination hereunder. Notwithstanding any other provision of this Agreement,the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon seven days written notice to the Contractor. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all work performed by the Contractor and accepted by the Town to the termination date. 17. Progress Payments: 17.1. The Contractor shall submit to the Town an itemized Application for Payment, supported to the extent required by the Town by invoices or other vouchers, showing payments for materials and labor, payments to Subcontractors and such other evidence of the Contractor's right to payment. 17.2. The Contractor shall, before the first application, submit to the Town a schedule of values of the various parts of the work, including quantities aggregating the total sum of the Contract, divided so as to facilitate payments to Subcontractors, made out in such form as the Town and the Contractor may agree upon,and, if required, supported by such evidence as to its correctness. This schedule, when approved by the Town, shall be used as a basis for payment,unless it is found to be in error. If applying for payments,the Contractor shall submit a statement based upon this schedule. 18. Withholding of Payments 18.1. The Town may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary in its reasonable opinion to protect the Town of North Andover from loss on account of: 18.1.1. Defective work not remedied. 18.1.2. Claims filed or reasonable evidence indicating probable filing of claims. 18.1.3. Failure of the Contractor to make payments properly to Subcontractors or for material or labor. 18.1.4. A reasonable doubt that the Contract can be completed for the balance then unpaid. 18.1.5. Damage to another contractor. 18.1.6. Delays resulting in liquidated damages. (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated, Inc. Page 14 18.2. Withholding of payments shall be in strict compliance with statutory requirements. 19. Claims by Contractor and Liability of Town All claims by the Contractor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this contract regardless of the submission or existence of any claims. The limit of liability of the Town under this Agreement is limited to the compensation provided herein for work actually performed, and shall in no event include liability for delays or for incidental, special or consequential damages or lost profits or for damages or loss from causes beyond the Town's reasonable control. 20. Liquidated Damages: Because both parties recognize (1) that the time for completion of this Contract is of the essence, (2)that the Town will suffer loss if the work is not completed within the contract time specified, plus any extension thereof allowed in accordance with the provisions of this contract, and (3) the delays,expense and difficulties involved in a legal proceeding to determine the actual loss suffered by the Town if the work is not completed in time, it is agreed that the Contractor will pay the Town as liquidated damages representing an estimate of delay damages,not as a penalty,the sum of One Thousand Dollars ($1,000) per day for each calendar day of delay until the work is completed, whether the work is completed by the Contractor or some other person. The Town's right to impose liquidated damages shall in no way prohibit or restrict the Town's right to bring a legal action for damages in lieu of or in addition to its option to impose liquidated damages. The Town may deduct any liquidated damages from money due the Contractor,and if such payment is insufficient to cover the liquidated damages,then the Contractor shall pay the amount due. 21. The Contractors' Mutual Responsibility: Should the Contractor cause damage to any separate subcontractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement, or by recourse to remedies provided by law or by the provisions of the contract. If such separate contractor sues the Town on account of any damage alleged to have been sustained, the Town shall notify the Contractor, who shall defend such proceedings at the Town's expense and, if any judgment against the Town arises therefrom,the Contractor shall pay or satisfy it and pay all costs incurred by the Town. 22. Separate Contracts: 22.1. The Town reserves the right to let other Contracts in connection with this work under similar General Conditions. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with theirs. 22.2. If any part of the Contractor's work depends,for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the Town any defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 15 contractor's work as fit and proper for the reception of its work except as to defects which may develop in the other contractor's work after the execution of its work. 22.3. To insure the proper execution of its subsequent work, the Contractor shall measure work already in place and shall at once report to the Town any discrepancy between the executed work and the Drawings. 23. Subcontracts: 23.1. All Subcontracts shall be awarded in conformity with the requirements of the General Laws, Commonwealth of Massachusetts, Chapter 149, Sections 44A to 44L, inclusive. 23.2. The Contractor agrees that it is as fully responsible to the Town for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. 23.3. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Town. 24. Contractor-Subcontractor Relations: The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Agreement, the General Conditions of the Contract, the Supplementary General Conditions, the Drawings and Specifications, as far as applicable to its work, including the provisions of the General Laws, Commonwealth of Massachusetts, Chapter 149, Section 44A, et seq. 25. Indemnification: 25.1. The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor,its employees,agents, subcontractors or material men,and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this Contract. 25.2. In any and all claims against the Town or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 16 Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts. 25.3. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the Work. 26. The Contractor's Insurance: 26.1. The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract,whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 26.1.1. Claims under Worker's Compensation, disability benefit and other similar employee benefit acts; 26.1.2. Claims for damages because of bodily injury,occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; 26.1.3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal liability coverage; 26.1.4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 26.2. The insurance required by the above shall be written for not less than the following minimum limits of liability: 26.2.1. Worker's Compensation Insurance Requirements Workers' Compensation coverage as required by the laws of the Commonwealth of Massachusetts. 26.2.2. Liability Insurance Requirements Liability insurance shall include all major divisions and shall be on a comprehensive general basis including Premises and Operations, Owners and Contractor's Protective, Products and Completed Operations,and Owned,Non-owned and Hired Motor Vehicles.All such insurance shall be written for not less than any limits of liability required by law, unless otherwise provided in the contract documents, or the following limits, whichever are greater: (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 17 Comprehensive General Liability Insurance (Broad Form) Bodily Injury $1,000,000 per person $2,000,000 aggregate Property Damage $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability Insurance $500,000 per person $1,000,000 per occurrence Excess Liability(Umbrella) $2,000,000 26.3. The above insurance policies shall also be subject to the following requirements: 26.3.1. Insurance coverage for the Contractor's Comprehensive General Liability, as hereinafter specified under Paragraph entitled "Protective Liability Insurance" shall be written by one and the same insurance company to avoid the expense of duplicate and/or overlapping coverage and to facilitate and expedite the settlement of claims. 26.3.2. Certificates of Insurance acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work. Renewal certificates shall be addressed to and filed with the Town at least ten (10) days prior to the expiration date of required policies. 26.3.3. No insurance coverage shall be subject to cancellation without at least thirty (30) days prior written notice forwarded by registered or certified mail to the Town. The Town shall also be notified of the attachment of any restrictive amendments to the policies. 26.3.4. All Certificates of Insurance shall be on the "MIIA" or "ACORD" Certificate of Insurance form, shall contain true transcripts from the policies, authenticated by the proper officer of the Insurer, evidencing in particular those insured, the extent of coverage, the location and operations to which the insurance applies, the expiration date and the above-mentioned notice clauses. 26.3.5. All premium costs shall be included in the Contractor's bid. 26.3.6. All insurance shall be written on an occurrence basis. Coverage shall be maintained without interruption from date of the Contract until date of final payment and termination of any coverage required to be maintained after payment. 27. Protective Liability Insurance: 27.1. The Contractor shall purchase and maintain such insurance as described in the preceding paragraph as will protect the Town from claims which may arise from operations under the (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 18 Contract, including operations performed for the named insured by independent contractors and general inspection thereof by the named insured. 27.2. The Contractor shall also purchase and maintain such insurance as will protect the Town against Automobile Non-Ownership Liability in connection with the Contractor's operations under the Contract,whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 27.3. The limits of liability for coverage required under the preceding paragraphs shall be as specified under the provisions hereof governing the Contractor's General Liability Policy. 27.4. The Town shall be named as an additional insured on the above referenced liability Policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements and amendments, shall be the sole responsibility of the Contractor. 28. Liens: Neither the Final Payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Town a complete release of all liens arising out of the Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that as far as it has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed. The Contractor shall comply with all statutory provisions of the General Laws of the Commonwealth of Massachusetts with regard to liens, Chapter 254 and 149 as amended (as a minimum requirement). 29. Guarantees: 29.1 The Contractor guarantees and warrants to the Town that all labor furnished under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 29.2. If at any time any part of the work constructed under the terms of this contract shall in the opinion of the Town Manager require repairing due to defective work or materials furnished by the Contractor, he may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten days of the date of giving it notice thereof and to complete the same to the satisfaction of the Town Manager with reasonable dispatch, then the latter may employ other persons to make such repairs. The Town shall charge the expense thereof to the Contractor and may use any moneys still retained to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof. 29.3. All guarantees and warranties required in the various Sections of the Specifications which (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated,Inc. Page 19 originate with a Subcontractor or Manufacturer must be delivered to the Town before final payment to the Contractor may be made for the amount of that subtrade or for the phase of work to which the guarantee or warranty relates. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his work in accordance with the Contract Documents. The Contractor's obligation to correct work is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications. This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: The Town of North Andover by: Town anager L i ,r Cwu.nj c',- Depart nt/Division Head Town countant Certifie as to Appropriation The Contractor by: Ir-i Authorized Signature (Rev 1-2016)Contract by and between Town of North Andover and Scherbon Consolidated, Inc. Page 20 Scope of Services The contractor shall furnish all labor, materials, equipment, and vehicles as required to perform preventative maintenance and as-need repairs of emergency power generators located at all municipal and school buildings as well as water booster and sewer pump stations. The contractor shall furnish all labor, materials, equipment, and vehicles as required for work in accordance with this scope of services. All authorized work will be performed by a certified mechanic. All materials and workmanship, whether specifically designated, shown or implied shall be first quality, new and of a grade satisfactory to the Town or its representative. The Town or its representative shall have the right to reject any part of the work if the material or workmanship is not of satisfactory quality. The contractor shall conform to all requirements of state and local laws,including compliance with the prevailing wage laws. The contractor shall be one whose primary business is emergency power generator service and who can furnish an adequate labor force to provide 24-hour service, 365 days per year. This shall include the responsibility of contacting other Town contractors to coordinate work involving himself and one or more additional trades. All material and debris shall be cleaned up immediately and removed from the building, leaving the premises in a clean condition. The contractor shall replace, repair or make whole, without cost to the Town, any defects or faults arising within one (1) year after date of acceptance of the work. A. Preventative Maintenance Preventative maintenance shall be performed during normal business hours and be appropriately scheduled with the respective municipal or school department. Preventative maintenance will be scheduled every six months and shall include the following: 1) Replace lube oil (once per year) 2) Replace lube oil filter(s) (once per year) 3) Replace fuel filter(s) (once per year) 4) Replace coolant filter(s) (once per year) 5) Service/Clean air filter(s) 6) Perform air inlet restriction test (diesel units). 7) Check coolant level,condition of coolant,freeze protection rating and perform pressure test. 8) Inspect/adjust hoses, belts and linkages. 9) Diesel engines: Inspect injection system and fuel lines. 10)Gas/LP engines: Inspect complete ignition system, check timing, and replace points, condenser and spark plugs. 11)Check engine heater operation. 12)Inspect fuel supply system including piping, solenoid valve and transfer tank where applicable. 13)Inspect exhaust system and drain condensation if system has drain provision (i.e. valve). 14)Check battery charger operation and charge rate. 15)Check battery electrolyte levels and specific gravity, clean terminals as needed, spray terminals with corrosion proof solvents. 16)Check all engine and generator shutdown and alarm systems. 17)Adjust output voltage and frequency as required. 18)Confirm proper operation of all engine gauges and AC metering. 19)After proper notification to contact person, operate transfer switch(s) and confirm proper operation of all timers and accessories. 20)Inspect transfer switch main contacts. 21)Conduct Load Transfer Test (20-30 minutes) by dropping breaker under a load to see how it responds to the load &transfer. 22)Operate unit under available connected load for duration required to evaluate operation of system. 23)Prepare report of each service visit to be signed by the proper contact person with a copy in a maintenance log to be left with the unit. B. As-Needed Emergency Service The contractor shall provide certified mechanics to responds to as-needed emergency service for repair of generators. These services could occur during regular business hours, after business hours, on weekends or on holidays. Billing of as-needed emergency service begins when mechanics are on site. Contractors must respond within four (4) hours of receiving call from the respective municipal or school personnel. 6. List of Generators(Location and Type) DRINKING WATER TREATMENT PLANT UNIT#1: 420 Great Pond Road Waukesha Electric Plant, Model#: P310461, S/N#: 95624, 1075 KW, Natural gas Waukesha Engine Model#: VHP9500G, S/N#: RU19430. Equipment ID#: RI 19430. WATER BOOSTER PUMPING STATIONS UNIT#2: 00 Foxwood Drive/Pole #3 Kohler Electric Plant, Model 80REZG, with Ford Engine, Model LSG-8751-6005A. Natural gas, 80 KW UNIT#3: 312 Bradford Road Generac Standby, Model#7033, Generac Engine 530cc,Propane, I IKW, single phase 120/240vac UNIT#4: 174 Sutton Hill Road Kohler Electric Plant, Model 125BZG, with a General Motors Engine, Model 8.1 L-07402, Natural gas, 125 KW UNIT #5: 71 Bear Hill Road Kohler Model 8080REOZ JE, with a John Deere 4.51 Engine, Model 4045HF285H.13 Diesel, 80 KW UNIT#6: Orchard Village Kohler Model# 60REZG, with a General Motors 5.01 Engine, Model BPSIB5.702ED Natural gas, 50 KW SEWER PUMP STATIONS UNIT#7: Willows, 805 Turnpike Street Onan Electric Plant, Model 35EK, with Ford Engine, Model CSG-6491, Natural gas, 30 KW UNIT#8: 87 Flagship Drive Kohler Electric Plant, Model 30RZ62, with Ford Engine, Model CSG-6491,Natural gas, 30 KW UNIT #9: Jasmine Plaza, 720 Turnpike Street, Kohler Electric Plant, Model 50RZ, with Ford Engine, Model LSG-875 1, Propane, 50 KW UNIT#10: Alcott Village, 105 Andover By-Pass Kohler Electric Plant, Model 20RZ, with Ford Engine, Model LRG425, Natural gas, 20 KW UNIT#11: Boston Hill, 1280 Turnpike Street Kohler Electric Plant, Model 80RZ, with Ford Engine, Model LSG-875 1, Propane, 80 KW UNIT#12: Located at Forest View, 14 Palomino Drive Kohler Electric Plant, Model 8ORZ, with Ford Engine, Model LSG-875 1, Propane, 80 KW UNIT#13: Located at Campbell, 1875 Salem Street Kohler Electric Plant, Model 100RZ, with Ford Engine, Model LSG-875 1,Natural gas, KW UNIT #14: Bonny Lane, 133 Bonny Lane Onan Electric Plant, Model 35EK-15R, with Ford Engine, Model CSG-6491, Propane, 30 KW UNIT #15: Rea's Pond, 1653 Great Pond Road MTU Friedrichshafen Gmbh, Model MTU 6R1600 DS300, Diesel, 300 KW UNIT#16: Butcher Boy, 1945 Great Pond Road Kohler, Model 40REZG with General Motors engine (Industrial Powertrain Vortec 4.3 L), Natural gas, 40 KW UNIT#17: Located at Coachmen, 70 Coachmen Lane Kohler Electric Plant, Model 30RZ.62, with Ford Engine, Model CSG-6491, Natural gas, 30 KW UNIT#18: Saile Way, 89 Saile Way Kohler Electric Plant, Model 30RZ72, with Ford Engine, Model CSG-6491-6005F, Natural gas, 30 KW UNIT#19: Winter Street, 60 Winter Street Kohler Electric Plant, Model 30RZ62, with Ford Engine, Model CSG-6491, Propane, 80 KW UNIT#20: Hawthorne Place,45 Hawthorne Place Generac Electric Plant, Model 95A01795-5, with Generac Engine, Model 5.7L, Natural gas, 30 KW UNIT#21: Holly Ridge, 1 Holly Ridge Drive Kohler, Model 30REOZK with a Kohler engine Model kd12504tm, Diesel, 30 KW UNIT #22: Johnson Circle, 85 Johnson Circle Kohler Electric Plant,Model 30RZG, S/N#: 759635 with a General Motors Engine,Model 4.3L, Propane, 30 KW UNIT 423: Blue Ridge, 410 Blue Ridge Road Onan Electric Plant, Model 100.ODCV-15R, #2 Diesel, 100 KW UNIT 424: Dale Street, 595 Dale Street DMT Corp Electric Plant, Model DMT 80C, #2 Diesel, 80 KW UNIT 425: Meeting House, 44 Meeting House Commons Kohler generator, Model #60RZG,Natural gas, 60 KW UNIT 426: Carter Field, 75 Carter Road Kohler Electric Plant, Model #50RZGB, S/N 0777922, General Motors engine 5.OL, propane, 50KW FIRE DEPARTMENT UNIT #27: Fire Station 1, 795 Chickering Road Kohler, Model 125REZGC, with PSI Engine, Model 36000237, Natural gas, 125 KW UNIT#28: Fire Station 2, 9 Salem Street Kohler Power Fast Response 125, Model 50RZ282, with a Ford Motor co-engine Model LSG87516005A UNIT 429: Located on Engine 1 Westerbeke 7.5 BTDAR, 50Hz industrial UNIT#30: Located on Engine 3 Westerbeke 7.5 BTDAR, 50Hz industrial SCHOOL DEPARTMENT UNIT #31: Sargent Elementary School, 300 Abbott Street C.P.I. Electric Plant, Model 125G8TA, S/N: E940543466, with a GJA 4800 Engine UNIT#32: High School,430 Osgood Street CAT Electric Plant, Model SR4, S/N#: CBP 00184, Engine Info 43406 UNIT 433: High School,430 Osgood Street CAT Electric Plant, Model SR4, S/N#: CBP 00185, Engine Info 43406 UNIT 434: Middle School, 495 Main Street CAT Electric Plant, Model G3406. Engine Info - N/A POLICE DEPARTMENT UNIT#35: 1475 Osgood Street Kohler Electric Plant, Model 350REOZDD, S/N#: 2287708, Engine S/N 06RIO37657 PUBLIC WORKS UNIT 436: Garage, 384 Osgood Street Generac Model MDB100DF4 100KVA, John Deere Engine 4045HFG04A UNIT #37: Administration Building, 382 Osgood Street Kohler Model 100REOZJF 128KVA, John Deere Engine 4045HF2B51 TOWN HALL UNIT#38: Senior Center 120R Main Street. Kohler Electric Plant, with a Chevy Engine, Model#: 454. UNIT#39: Town Hall, 120 Main Street Kohler Electric Plant, Model 1504E02JK, with General Motors Engine, Model 20148 Price List Preventative Maintenance (two service calls per Scope of Services) DRINKING WATER TREATMENT PLANT UNIT#1: 420 Great Pond Road $1900.00 WATER BOOSTER PUMPING STATIONS UNIT#2: 00 Foxwood Drive/Pole#3 $285.00 UNIT#3: 312 Bradford Road $275.00 UNIT#4: 174 Sutton Hill Road $295.00 UNIT #5: 71 Bear Hill Road $315.00 UNIT#6: Orchard Village $275.00 SEWER PUMP STATIONS UNIT#7: Willows, 805 Turnpike Street $275.00 UNIT#8: 87 Flagship Drive $275.00 UNIT#9: Jasmine Plaza, 720 Turnpike Street $275.00 UNIT#10: Alcott Village, 105 Andover By-Pass $275.00 UNIT#11: Boston Hill, 1280 Turnpike Street $295.00 UNIT#12: Located at Forest View, 14 Palomino Drive $295.00 UNIT#13: Located at Campbell, 1875 Salem Street $295.00 UNIT#14: Bonny Lane, 133 Bonny Lane $275.00 UNIT#15: Rea's Pond, 1653 Great Pond Road $330.00 UNIT#16: Butcher Boy, 1945 Great Pond Road $275.00 UNIT#17: Located at Coachmen, 70 Coachmen Lane $275.00 UNIT#18: Saile Way, 89 Saile Way $275.00 UNIT#19: Winter Street, 60 Winter Street $275.00 UNIT#20: Hawthorne Place,45 Hawthorne Place $275.00 UNIT#21: Holly Ridge., 1 Holly Ridge Drive $295.00 UNIT#22: Johnson Circle, 85 Johnson Circle $275.00 UNIT#23: Blue Ridge, 410 Blue Ridge Road $350.00 UNIT#24: Dale Street, 595 Dale Street $330.00 UNIT#25: Meeting House, 44 Meeting House Commons $295.00 UNIT#26: Carter Field, 75 Carter Road $295.00 FIRE DEPARTMENT UNIT#27: Fire Station 1, 795 Chickering Road $295.00 UNIT#28: Fire Station 2, 9 Salem Street $295.00 UNIT#29: Located on Engine 1 $295.00 UNIT 430: Located on Engine 3 $295.00 SCHOOL DEPARTMENT UNIT#31: Sargent Elementary School, 300 Abbott Street $330.00 UNIT#32: High School, 430 Osgood Street $380.00 UNIT#33: High School, 430 Osgood Street $480.00 UNIT#34: Middle School, 495 Main Street $480.00 POLICE DEPARTMENT UNIT#35: 1475 Osgood Street $450.00 PUBLIC WORKS UNIT#36: Garage, 384 Osgood Street $305.00 UNIT#37: Administration, 384 Osgood $305.00 TOWN HALL UNIT#38: Senior Center, 120R Main Street. $305.00 UNIT#39: Town Hall, 120 Main Street. $305.00 As-Needed Service Regular business hours 50 hours @$102.00/hr $ 5,100.00 Non business hours 75 hours @$138.00/hr $10,350.00 TOTAL YEAR $29,120.00 PAY MENT BON D Bond No. 30057234 KNOW ALL MEN BY THESE PRESENTS, that we Scherbon Consolidated,Jm— with a place of business at_40 Haverhill RRoadd Amesbou MA 0119113 as Principal (the"Principal"),and Western Sumty-Com an a coqx)ration qualified to do business in the Commonwealth of Massachusetts, with a place of business at 53 State Street Boston MA 02109 as Surety (the"Suitty"),are held and firmly bound unto the To of North Andover,Massachusetts as Obligee(the "Obligee"), in the sum of Fourteen Thousand,Six Hundred Fifty&001100 Dollars($14,650.00)JaWfUl money of the United States of America,to be paid to the Obligee,for which payment,well and truly to be made,we bind ourselves, our respective heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents, WHEREAS, 'die Principal has assumed and made a contract with the Obligee, bearing the date of ___.___..ApjjLJ&jQj.9 for the construction of Generator Maintenance in the Town of North Andover, MA. NOW,THE CONDITIONS of this obligation are such that if the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said corn trac 'that may hereafter be made,notice to the Surety of such modifications,alterations,extensions oftime,changes or additions being hereby waived,the foregoing to include,but not be limited to,any other purposes or items set out in, and to be su4ject to,the provisions of Massachuse'lls General Laws, Chapter 30,Section 39M,and Chapter 149,Section 29,as amended then this obligation shall become null and void; otherwise,it shall remain in full force and virtue. IN WITNESS WHEREFORE, the Principal and Surety have hereto set their hands and seals this 1.&'h day of._.,.,. l„ ,0;1 PRINCIPAL SUPIETY on estemSure qqTPm-y--'--.. ..... ... ............ ScheZCNarr nee an (Attorney-in-fac'tj [Seal] Da e M. W193 270 Littleton Road, Suite PO BOX770 Ve§tf, rd.MA 01886 ti [Title] [Address] ro .1Q78 9?-Kqq? Attest: ['Phone] P�v Attest., Thomas P, Durki , arag=jn`g Partner ...................... Town of North Andover 11713 Page 42 of 43 Emergency Power Generator Services Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falb,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Thomas P Durkin,Danielle Wilga,Individually of Westford,MA,its true and lawful Attontey(s}in-Fact with full power and authority hereby conferred to sign,sal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such Instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed_ This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused those presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of June,2016, WESTERN SURETY COMPANY ac�`J T.Brttfiat,vice President State of South Dakota County of Minndsaba ss On this 28th day of June,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to hike authority,and acknowledges same to be the act and deed of said corporation. My commission expires ---- -- J.MOHR OMWPURM June 23,2021 e°aMOMmaS J.Mohr,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By ration printed on the reverse corporation — ny hereof I have hereunto subscribed affixed my name and axed the seal of the said corporation d day of µf is still in force. 1»testimo y WESTERN SURETY COMPANY aeA%.i L.Nebon,Assistant Secretary Form F4280-7.2012 DATE(MMIDDIYYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE 11%/ 03/29/2019 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 CONTACT Kni ht-Dik Insurance Agency, Inc. NAME: 4 <3 Y. PHONE FAX 446 Main St 9th Floor A/C No t: (508) 753-6353 A/C No: E-MAIL Worcester MA 01608 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N INSURERA:The North River Ins Cc 21105 INSURED INSURERS:Landmark American Insurance 33138 Scherbon Consolidated Inc INSURERC:Mt Hawley Insurance Cc 37974 40 Haverhill Rd INSURERD:Technology Ins Inc 42376 Amesbury MA 01913 INSURERE: safety Insurance 39454 INSURERF: Great American Insurance Group COVERAGES CERTIFICATE NUMBER:Cert ID 10824 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MM/DDIYYYY MM/DDIYYYY B X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 DAMA ToTE CLAIMS-MADE �OCCUR Y LHA111607 09/11/2018 09/11/2019 PREMISES Eaoccu,D.nm $ 50,000 MED EXP(Any one person) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY 1 J PECTRO. ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 E ANY AUTO Y 5107225 02/01/2019 02/01/2020 BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) $ $ A X UMBRELLA LIAB OCCUR Y 5811105312 05/01/2018 05/01/2019 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE Follow Form AGGREGATE $ 5,000,000 DED I I RETENTION$ Pers✓tAdve In $ 5,000,000 WORKERS COMPENSATION PER OTH- D AND EMPLOYERS'LIABILITY Y/N TWC3747801 10/25/2018 10/25/2019 X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/M EMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Pollution Y EGL0005959 09/11/203.9 09/11/2020Aggregate $ 1,000,000 F Property Commercial Y MAC376026906 05/11/2018 05/01/2019Installation Floater g 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Generator Maintenance North Andover is listed as additional insured as required by contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of North Andover 120 Main Street AUTHORIZED REPRESENTATIVE N Anover MA 01845 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1