Loading...
HomeMy WebLinkAboutContract #: 1303 - From: 05-18-2020 To: 08-28-2021 - Interstate Water and Wastewater - WTP SECTION 00550 NOTICE OF AWARD TO: Interstate Water&Wastewater Specialist,LLC DATE:May 6,2020 PROJECT DESCRIPTION: Drinking Water Treatment Plant Polyaluminum Chloride Storage Tank Improvements The Owner has considered the Bid submitted by you for the above described Work on 4/30/2020 in response to its Advertisement for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted for Items totaling the amount of $ 192,500.00 . You are required by the Instructions to Bidders to execute the Contract Agreement and furnish the required Contractor's Performance Bond,Payment Bond and certificates of insurance within ten(I0) days from the date of this Notice of Award. If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten(10)days from the date of this Notice,said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 06 day of a ,2020. ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged, this, the 18 day of May ,2020. y: Title: Owner NOTICES Drinking Water Treatment Plant 00550-1 North Andover,Massachusetts Polyalummum Chloride Storage Tank Improvements 312-1903 SECTION 00520 TOWN OF NORTH ANDOVER Construction Contract This contract shall be applicable to contracts for the construction of(1) Public Buildings and Public Works (governed by the provisions of General Laws Chapter 3013;(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). 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: Interstate Water& Wastewater Specialists,LLC 1000 Address: -W4 Elm Street, PO Box 1047,Manchester,NH 03105 Telephone Number: 603-235-2431 Email: 1. This is a Contract for the procurement of the following: Construction of the polyaluminum chloride storage upgrade project including modifications the polyaluminum chloride fill,storage and feed systems; select demolition of the polyaluminum chloride system and appurtenances in their entirety; and associated painting,instrumentation,and electrical work. All work is to be performed in accordance with the bid documents dated April 30, 2020. 2. The Contract price to be paid to the Contractor by the Town of North Andover is: One Hundred Ninety-Two Thousand Five Hundred and 00/100 ($192,500.00),to be paid in accordance with the bid documents dated April 30, 2020. 3. Payment will be made as follows: In accordance with Section 00301 -Bid Form, Section 00520-Town of North Andover Construction Contract, Section 01024-Measurement and Payment, and Section 01700-Contract Closeout. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-1 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page I Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 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. 4.2 Contract Documents: All documents relative to the Contract including(where used) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period or proposal. 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. The Contractor's relationship to the Town is that of an independent contractor and not that of an agent or employee of the Town. 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 Sub-Contractor: 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 February 28, 2021 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 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-2 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 2 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 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. The Town may immediately terminate or suspend this Agreement without liability on the part of the Town for damages, penalties or other charges in the event the appropriation funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Agreement. 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. 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. Notice 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.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. 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. 8.2.1. 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 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-3 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 3 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 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. 8.2.2. 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. 8.2.3. 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. 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 Contract,and(viii)failure to comply with any and all requirements of federal or state law and/or regulations,and Town bylaws and/or regulations. 9. The Contractor's Breach and the Town's Remedies Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract,including damages TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-4 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 4 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services,the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the Massachusetts General Laws are incorporated by reference into this Contract, including, but not limited to, the following: M.G.L. Chapter 30B—Procurement of Goods and Services. M.G.L. Chapter 30, Sec. 39, et seq: -Public Works Contracts. M.G.L. 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, then it shall be understood that this Agreement shall import such term or provision into this Contract.To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation,the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications,Scope of Business or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall,at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-5 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 5 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 claim or liability arising from or based on any violation whether by it 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 c268A), 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.c268A to the performance of this Contract;and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws c62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Affirmative Action: Non-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 65113 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. The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted,discharged or otherwise subject to discrimination in the tenure,position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color,national origin,ancestry,age, sex,religion,disability,handicap,sexual orientation or for exercising any rights afforded by law. 14. 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. 15. Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-6 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 6 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 documentation satisfactory to the Town certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor.This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, c181, §3, 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. 16. Liability of Public Officials To the full extent permitted by law,no official,employee,agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 17. Indemnification The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, attorneys,agents and employees,from and against any and all damages,liabilities,actions,suits, proceedings,claims,demands,losses,costs,expenses,recoveries and judgments of every nature and description(including reasonable attorneys' fees)that may arise in whole or in part out of or in connection with the work being performed or to be performed,or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its' or their use of faulty,defective, or unsuitable material or equipment,unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 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 Subcontractor under Workmen's Compensation Acts,disability benefit acts or other employee benefit acts. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-7 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 7 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 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. 18. Insurance The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims 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. Insurance shall include coverage for claims under Worker's Compensation,disability benefit and other similar employee benefit acts;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; 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; and claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. The insurance required in the previous paragraph shall be written for not less than the following minimum limits of liability: 18.1. 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: 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 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-8 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page S Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 Excess Liability(Umbrella) $2,000,000 The above insurance policies shall also be subject to the following requirements: 18.1.1. 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. 18.1.2.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. 18.1.3. 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. 18.1.4. 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. 18.1.5. All premium costs shall be included in the Contractor's bid. 18.1.6. 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. 18.2. Protective Liability Insurance: 18.2.1. 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 Contract, including operations performed for the named insured by independent contractors and general inspection thereof by the named insured. 18.2.2. 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. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-9 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 9 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 18.2.3.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. 18.2.4. 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. 18.3. Workers Compensation Insurance 18.3.1. 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. 18.3.2. 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 the Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. 18.3.3. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract in a form satisfactory to the Town before the same shall be binding on the parties thereto, except if specifically waived by the Town. 18.3.4.The Contractor further understands and agrees that in rendering services to the town under this Contract that the Contractor is an independent contractor and not an employee of the Town, that the Contractor is not covered by the Town's Workers' Compensation, or liability insurance, that the Contractor shall not make any claim against the Town, its officers, agents and employees and that the Contractor indemnifies, holds harmless, and releases the Town from any claims of the Contractor or of any other party that may arise in whole or in part out of or in connection with the work being performed by the Contractor. 19. Documents, Materials. Etc. y 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 of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-10 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 10 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 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. 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. 20. Confidentiality The Contractor shall comply with M.G.L. c66A if the Contractor becomes a "holder" of "personal data".The Contractor shall also protect the physical security and restrict any access to personal or other Town data in the Contractor's possession, or used by the Contractor in the performance of this Contract, which shall include,but is not limited to the Town's public records, documents, files, software,equipment or systems. 21. Record-Keeping and Retention,Inspection of Records The Contractor shall maintain records,books, files and other data as specified in this Contract and in such detail as shall properly substantiate claims for payment under this Contract,for a minimum retention period of seven(7)years beginning on the first day after the final payment under this Contract, or such longer period as is necessary for the resolution of any litigation, claim,negotiation,audit or other inquiry involving this Contract. The Town shall have access during the Contractor's regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense. 22. Assignment The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the Town. 23. Subcontracting By Contractor Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the Town and shall be consistent with and subject to the provisions of this Contract and shall be awarded in TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-11 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page I 1 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 conformity with the requirements of the Commonwealth of Massachusetts, General Laws Chapter 149, Sections 44A to 44L, inclusive. Subcontracts will not relieve or discharge the Contractor from any duty,obligation,responsibility or liability arising under this Contract.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 Commonwealth of Massachusetts, General Laws Chapter 149, Section 44A, et seq. The Town is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. 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. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Town. 24. Risk of Loss The Contractor shall bear the risk of loss for any Contractor materials used for this Contract and for all deliveries,and personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of this Contract until possession,ownership and full legal title to the deliverables are transferred to and accepted by the Town. 25. Minimum Wage/Prevailing Wage The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c151, §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 649, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The Contractor will, in addition to any other submissions required by the Prevailing Wage Law,submit certified weekly payrolls to the Town with the information described in General Laws 649, §27B. 26. 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. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-12 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 12 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 27. 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. 28. 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 Contract,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. 29. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth of Massachusetts, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 30. 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. 31. 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). TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-13 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 13 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 32. 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. 33. Contractor Certifications 33.1 By signing this contract, the Contractor certifies under the penalties of perjury that pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns, paid all taxes and complied with all laws of the Commonwealth relating to taxes; and that pursuant to General Laws c 151 , §19A, the Contractor has complied with all laws of the Commonwealth relating to contributions and payments in lieu of contributions. 33.2 By signing this contract, the Contractor certifies under the penalties of perjury that this contract has been obtained in good faith and without collusion or fraud with any other person.As such in this certification,the word"person"shall mean any natural person, business, partnership, corporation, union, committee, client or other organization, entity or group of individuals. 33.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain qualified to perform this Contract,that performance shall be timely and meet or exceed industry standards for the performance required, including obtaining requisite licenses,registrations,permits,resources for performance,and sufficient professional, liability, and other appropriate insurance to cover the performance. If the Contractor is a corporation, the Contractor certifies that it is in good standing with the office of the Secretary of State. If the Contractor is a foreign business, the Contractor certifies that it is listed under the Secretary of State's website as licensed to do business in Massachusetts, as required by law. 33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that performance under this Contract, in addition to meeting the terms of the Contract,will be made using ethical business standards and good stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse. 33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulations including, Executive Order 147, M.G.L. c29, §29F, M.G.L. c30, §39R, M.G.L. 049, §27C, M.G.L. c 149, §44C, M.G.L. 049, §148B and M.G.L. c 152, §25C. 34. Bondinla TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-14 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 14 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminurn Chloride Storage Tank Improvements 312-1903 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 Town prior to the commencement of performance. 35. Equality 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. 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. 36. Change orders 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. 37. Protection of Town Property 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 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. 38. Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work site,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. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-15 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 15 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 39. Access to work/Supervision 39.1 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. 39.2 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. 39.3 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. 39.4 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. 40. Project Representative 40.1. 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. 40.2. In connection with the work, the Project Representative shall not be responsible for construction methods,means,techniques,sequences or procedures employed by the TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-16 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 16 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 Contractor or the Contractor's safety programs, requirements, regulations, or precautions. 40.3. 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. 40.4. The Project Representative's decision, in matters relating to the project, shall be final, if within the terms of the Contract Documents. 40.5.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. 41. Use of Premises by the Contractor 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 Town and shall not unreasonably encumber the premises with its materials. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. 42. 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 Town may remove the rubbish and charge the cost to the several contractors, as the Town shall determine to be just. 43. Progress Payments 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. 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 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-17 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 17 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 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. 44. Withholding of Payments 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. a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another contractor. f. Delays resulting in liquidated damages. Withholding of payments shall be in strict compliance with statutory requirements. 45. 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. 46. Liquidated Damages: TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-18 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 18 Drinking Water Treatment Plant North Andover,Massachusetts Polyalummum Chloride Storage Tank Improvements 312-1903 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. 47. 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. 48. Separate Contracts: 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. 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 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. 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. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-19 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC, Page 19 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 49. 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). 50. Guarantees: 50.1 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. 50.2. 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. 50.3. All guarantees and warranties required in the various Sections of the Specifications which 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. TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-20 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 20 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: The Town of North Andover by: mm/ Town A�rffager C- Department/Division Head Town 4countant Certified as to Appropriation Town Counsel The Contractor by: Mark Chervincky Authorized Signature TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-21 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 21 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride storage Tank Improvements 312-1903 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 Date Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I , authorized signatory for 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. Signature Date TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-22 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 22 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 CERTIFICATION LABOR HARMONY AND OSHA TRAINING REQUIREMENTS The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA- approved construction safety and health course lasting at least ten(10)hours. Signature — Date Print Name& Title Company Name TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-23 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 23 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED,THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said ,and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon I hereby certify that I am the clerk of the above named and that _ _ is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-24 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 24 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that we with a place of business at as Principal(the"Principal'),and a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at .__ as Surety (the"Surety"),are held and firmly bound unto the Town of North Andover,Massachusetts as Obligee(the "Obligee"),in the sum of lawful 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,the Principal has assumed and made a contract with the Obligee,bearing the date of,for the construction of 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 contract that may hereafter be made,notice to the Surety of such modifications,alterations,extensions of time, 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 subject to,the provisions of Massachusetts 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 —day of----...... --- - TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-25 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 25 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluinum Chloride Storage Tank Improvements 312-1903 PRINCIPAL TY [Name and Seal] [Attorney-in-fact] [Seal] [Title] [Address] Attest: [Phone] Attest: TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-26 (Rev 1-2016)Contract by and between Town of North Andover and Interstate Water&Wastewater Specialists,LLC. Page 26 Drinking Water Treatment Plant North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 SECTION 00520A TOWN OF NORTH ANDOVER SUPPLEMENT"C" [] CONSTRUCTION SUPPLEMENT"C"-Applicable to Contracts for the construction of: Public Buildings and Public Works (governed by the provisions of General Laws Chapter 30B); JQ Public Buildings (governed by the provisions of General Laws Chapter 149,§44A, et se .);and M 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 works 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 Town prior to the commencement of performance. 3. Equality: 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, (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 1 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-1 312-1903 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 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. 11. 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 (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 2 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-2 312-13 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. 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 Project Representative 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. I3.2.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 Town 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 Town may remove the rubbish and charge the cost to the several contractors,as the Town shall determine to be just. 16. Right to Terminate (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 3 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-3 312-1903 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. 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 y 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. (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 4 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-4 312-1903 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. 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, (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 5 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-5 312-1903 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 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, (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 6 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-6 312-1903 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 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. (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 7 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-7 312-1903 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: 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. (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 8 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank improvements 00520A-8 312-1903 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 Contract,including operations performed for the named insureds by independent contractors and general inspection thereof by the named insureds. 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. .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: (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 9 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-9 312-1903 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 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 Manager Department/Division Head Town Accountant Certified as to Appropriation Town Counsel. (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 10 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-10 312-1903 Approved as to Form The Contractor by: Authorized Signature END OF SECTION 00520A (Rev 5-2007)Supplement"C"to Contract between the Town of North Andover and Page 11 Drinking Water Treatment Plant TOWN OF NORTH ANDOVER SUPPLEMENT"C North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 00520A-1 1 312-1903 FORM FOR GENERAL BID To the Awarding Authority: A. The Undersigned proposes to furnish all labor and materials required for Polyaluminum Chloride Storage Tank Improvements for the Town of North Andover in North Andover,MA in accordance with the accompanying plans and specifications prepared by Environmental Partners Group, Inc. for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. This bid includes addenda numbered ,1,2,3,4 C. The proposed contract price is one hundred ninety-two thousand five hundred dollar$192,500.00 D. The subdivision of the proposed contract price is as follows: Item 1. The work of the general contractor, being all work other than that covered by Item 2. $192,500,00 Item 2. Sub-bids as follows: There are no Sub bids for this project. Interstate Water& Wastewater Specialists, LLC 1000 Elm Street #1047 Manchetser NH 03105 Phone:603-235-2431 Apr 30 2020 12:49 PM SECTION 00301 BID FORM To:Town of North Andover,Department of Public Works,North Andover,Massachusetts Regarding: Drinking Water Treatment Plant Polyaluminum Chloride Storage Tank Improvements, Town of North Andover,Massachusetts The Owner reserves the right to reject any bid in the event that any bid item or items are obviously unbalanced or appear to the Owner to be so unbalanced as to affect or to be liable to affect adversely any interest of the Owner. The Owner reserves the right to reject any or all bids if it deems it to be in its best interest to do so. The Owner reserves the right to award the Contract based on sufficiency of appropriated funds to complete the work. , The undersigned states that no officer,agent,or employees of the Owner directly or indirectly has a financial interest in this Bid. The Undersigned,as Bidder,declares as follows: • The only parties interested in this BID as Principals are named herein; • this BID is made without collusion with any other person,firm,or corporation; • no officer,agent,or employee of the Owner is directly or indirectly interested in this BID; • the Bidder has carefully examined the proposed Work and fully informed and satisfied himself as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and has carefully read and examined the annexed proposed AGREEMENT and the Specifications and other Contract Documents therein referred to and knows and understands the terms and provisions thereof; • understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures(surface and/or subsurface)has been furnished only for his information and convenience without any warranty or guarantee, expressed or implied,that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface)actually encountered will be the same as those shown within the Contract Documents and agrees that the Bidder shall not use or be entitled to use any such information made available to him through the Contract Documents or otherwise or obtained by him in his own examination of the site, as a basis of or ground for any claim against the Owner or the Engineer arising from or by reason of any variance which may exist between the aforesaid information made available to or acquired by him and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface BID FORM Drinking Water Treatment Plant 00301-1 North Andover,Massachusetts Polyalurninum Chloride Storage Tank Improvements 312.1903 and/or subsurface) actually encountered during the construction work, and has made due allowance therefore in this BID; • and the Bidder understands that the quantities of work tabulated in this BID or indicated in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Engineer; • and agrees that,if this BID is accepted will contract with the Owner,as provided in the copy of the Contract Documents deposited in the office of the Engineer, this BID form being part of said Contract Documents,and that the Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Engineer as therein set forth,and that the Bidder will take in full payment therefore the lump sum or unit price applicable to each item of the Work as stated in the schedule below: Bidders shall provide a balanced bid where each lump sum or unit price submitted adequately accounts for all work, including but not necessarily limited to, labor, equipment and incidentals necessary to complete the work required by the Contract Documents in the prescribed manner and within the allotted time frame. Bidders must bid on each item of the Bid. Unbalanced bids may be rejected.All entries in the entire BID must be made clearly and in ink;prices bid must be written in both words and figures. In case of discrepancy,the amount shown in words will govern. Bidders shall insert extended item prices obtained from quantities and unit prices. In case of discrepancy between the products obtained by multiplying the estimated quantity by the unit price, the actual product shall apply. In case of discrepancy between the sum of the total figure of the items and the total amount listed,the actual sum shalt apply. In the event the lowest bids from responsive and responsible bidders are tied, the following methods of breaking the tie shall be employed unless otherwise provided for in these bid documents: The bidder's names shall be entered on a slip of paper and placed in a hat. The award shall then be made to the bidder whose slip is drawn from the hat. The drawing of the slip from the hat shall be performed in the presence of the tied bidders unless they waive their right to be present in writing. Refer to Section 01024-Measurement and Payment for Item Descriptions. Addenda: This BID includes Addenda numbered to (To be filled in by Bidder if Addenda are issued.) (Bidder) T IAI hf (by) A4 rA k d In Pep" ��.... (Title) _,. QW l7 r _ BID FORM Drinking Water Treatment Plant 00301-2 North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-19a3 BASE BID The work of the General Bidder,being all work covered by Items I through 3,inclusive. Item Item Description and Units Estimated Unit Price Extended Amount(in No. Unit Price in Words Quantity (in Figures) Fi ures 1 PACI Chemical Improvements Lump Sum I 60wvo 190,)000, 00 Dollars and Cents 2 Integration Services Allowance Lump 1 $31,000 $31,000.00 Thirty-one Thousand Dollars and Sum Zero Cents 3 Painting T`P,41 f�oYl,,ZC°!-G Square 150 �Q. 4U ��SOU Dollars and J Cents TOTAL FOR BASE BID Total Amount of Base Bid(Items i through 3,inclusive). (Amount i ) ka G .`h f k s c !emu kd tee. po'I�a rr (Amount in words) '�P�v P h f.s Basis of Award: The basis of award shall be at the Owner's sole discretion.The total of the Bid(items I through 3, inclusive)shall be used to determine the lowest responsive bidder. Contract to be awarded to the lowest responsible and eligible bidder in compliance with Sections 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts. The bidder understands that the Owner reserves the right to reject any and all bids and to waive any informality in the bidding. The bidder,by submittal of this BID,agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the bidder to fulfill his agreements as above provided. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) days (Saturdays,Sundays,and legal holidays excluded)after the opening of general bids. BID FORM Drinking Water Treatment Plant 00301-3 North Andover,Massachusetts Potyaluminu n Chloride Storage Tank improvements 312-2903 Should the bidder fail to fulfill any of his agreements as hercinabove set forth,the Owner shall have the right to retain as liquidated damages the amount of the bid security check or cash which shall become the Owner's property. If a bid bond was given,it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety. The undersigned agrees that if the Owner accepts this BID,the bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days, Saturdays, Sundays, and legal holidays excluded, after notification that the AGREEMENT and other Contract Documents are ready for signature. A performance bond in an amount equal to 100 percent of the total amount of the bid with a surety company qualified to do business in the Commonwealth of Massachusetts will be required for the faithful performance of the contract,as well as a labor and materials bond in an amount equal to 100 percent of the total bid amount. The time for completion of this contract is 180 calendar days. Liquidated damages specified in this contract are$1,000 per day for each calendar day beyond the contract completion date that work remains uncompleted. The undersigned as Bidder, hereby certifies that he is aware of the applicable requirements of the Williams-Steiger Occupational Safety and Health Act of 1970.(O.S.H.A.),and all latest revisions thereto, and that this Proposal is prepared on the basis of compliance with those requirements. The undersigned as Bidder, hereby certifies that he will maintain records in reasonable detail, which accurately and fairly reflect the financial transactions and disposition of the Bidder, in accordance with M.G.L.Chapter 30,Section 30R. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to MGL Ch.30,Section 39M.The bidding and award of the contract will be in full compliance with Section 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts as last revised. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of Section Twenty-Nine F of Chapter Twenty-Nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person"shall mean any natural person,joint venture,partnership,corporation or other business or legal entity. a BID FORM Drinking Water Treatment Plant 00301-4 North Andover,Mas=husetls Polyalurninum Chloride Storage Tank improvements 312.13 (SEAL) 1-119 AA ahK_ rl- By "(Name of Bidder) (Signal=and title of author d representative) Date x IE Telephone) (Business address) c f ` (Fax Number) (City and State) The following documents are attached to and made a condition of the bid,and shall be filed with the bid: • Bid Security(5%) • Completed and signed Bid Form(Section 00301) • Completed Certificate of Non-Collusion(Section 00520-22) • Completed Certificate of Tax Compliance(Corporation Only)(Section 00520-22) • Completed Certification Labor Harmony and OSHA Training Requirements(Section 00520- 23) • Completed Certificate of Vote(Section 00520-24) BID FORM Drinking Water Treatment Plant 00301-5 North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-1903 The Bidder is required to list four or more of your firtn's recent projects of a similar to be deemed an acceptable bid. References will enable the Owner to judge his experience,skill,and business standing. Project Name: North Attleboro Removal and install of hypo chlorite tanks Project Location: North Attleboro,MA Contract Amount:S 12,640.00 Completion Date 8/9/17 Owner: North Attleboor Unsure of who manages that place now. Contact Name: would have to contact the WTP. Telephone: Architeet/Engineer: Town Managed Contact Name: NA Telephone: Southport WWTF Upgrade. Installed methonal feed chemical system and sodiurr Project Name: hydroxide feed system as part of overall contract for the project. Project Location: Mashapee, MA Contract Amount:$ -5 Million Completion Date 4/1/20 Owner: Southports i ion Contact Name: Bob Larocca Telephone: (7 1) 7 - 2 Architect/Engineer: Contact Name: Telephone: BID FORM Drinking Water Treatment Plant 00301-6 Noah Andover,Massechusetls Polyaluminum Chloride Storage Tank Improvements 312-1903 Installed all new multiple chemical metering pump system and day tanks. No specific contract. Work was done over a long Project Name: period of time as the town had the budget for it. Project Location: Ipswich, MA WTP Contract Amount:S Vries Completion Date 2019 Owner: Ipswich, Contact Name: Joe Ciccotelli Telephone: 978-356-6639 Architect/Engineer: NA Contact Name: Telephone: Project Name: PAC day tank with metering pump Project Location: West Brookfield, MA Nursing facility WWTF Contract Amount:5$5,900 Completion Date 3/12/18 Owner: Quoboag Nursing home Contact Name: Telephone: Architect/Engineer: Great Blue Heron Management, LLC Contact Name: Roy Wood Telephone:(978) -7739 Add supplementary page if necessary. END OF SECTION 00301 BID FORM Drinking Water Treatment Plant 00301-7 North Andover,Massachusetts Polyaluminum Chloride storage Tank Improvements 312.1903 Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Ibud No.q 7225825 Know All Men By Theme Presents,that WESTERN SURETY COMPANY,a corporation duty organized and existing under the laws of the State of South Dakota,and having its principal offica in Sim Falb,South Dakota(the a by them presents make. constitute and appoint .. Daniel p, I.uaE'aY its true and lateral sttorusy(s)•in•fact,with Adl power and authority h mnferrmd,to execute,acknowf«Ige and deliver for and an its behalf as Surety,bonds for: Principal: Interstate Water 6 Wastewater Specialists, LLC Obligee: Town of North Andover Amount: $1,000,000,00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President ssoled with the corporate coal of the CornpanY and duly allesW by its Secretary,hereby ratifying and aonErndug all that the said attorue70-in•faat may do within the above stated limitations. Said appointroant is mado under and by authority of the following bylaw of Western Surety Corapany which remains in full force and o fect. "Section 7. All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in tie corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasver,or aV Vice President or by such other officers as the Board of Directors may authorito. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to iasuo bonds,policies,or undertakings in the name of the Company The corporate soot is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation,The signature of any such aMoor and the corporata seal may be printed by famiroUe' if No. 721.56825 a notissued on or before midnight of_.... 2020 all authority malarred in this Power of Attorney shall expire and toruinate. 19� ;t34a{r:r;t�'` r}se -may Western Butaty Company has caused these presents to be signed by its Tice President,Paul T.Bruflat,and its OD x d t4S"bo. two 30th day of L.�.®, 2020 , � 0"�'�? I W.B j7 sR SURE"Y COMPANY w i 7%z �..� d _ .� •, yam•-� k.'A� • _ y sl h§ F.S li.i v i'A Paul T. ruflat,Vivo Proakleut COI1�ttrstvB UTA t.,r:aia:n::tS" On this 30th day of Aril ,. the year _ 2®20 before me,a notary public.personalty appeared Paul T.Brufiat,who being to me duly sworn,acknowledged that he signed the above Power of Attorney an the aforesaid officer of WESTERN SUy EafaYaCOMPANY And acknow dodged said instrument W be the voluntary act and dead of said ewpomtkuL ± J. MOWR �—__.. •.._ r NUMY PUBLIC r they S oti SOUTH DAKOTAM' faaatatiaawaaaa`aaaaaaaaa� Hy Commission Expires June 23, 2021 1 the undaraipted officer of Weston Suruty Company,a stock corporation of the State of South Dakota,do hereby oartify that the attached Power of Attarney is in full force and olloot and is irrevocable,and furthermore,that Sootion 7 of the bylaws of the Compw as set forth in the Power of Attorney is now in force. In tseticauny Whara4 I have haNU040 at My hand Sad Mal of WfttQM SUNty Canpany this 30th of ----April 2020 WEST 'R 'S�UR�E ,W COMPANY Paul T. a t,Vice President To validate bond authenticity,go to www enssurety oom >Owner/Obligee Services>Validate Bond Form F53ce-f 0-M17 uu Western Surety BID BOND (Percentage) Mond Number: 72256825 KNOW ALL PERSONS BY THESE PRESENTS,That we Interstate water s Wastewater e lia of P. O. Box 107 ncheatex H 03105-2047 hereinafter referred to as the Principal,and Western surety Co anv as Surety,are held and firmly bound unto Town of Harrh Andover of 615 C ickerin Nor Over, 01895 hereinafter referred to as the Obligee,in the sum of Five ( 5 )percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, Jointly and severally,firmly by these presents. WHEREAS,Principal has submitted or is about to submit a proposal to Obligee on a contract for-- .Lo_lv Aluminum Ch1grie t NOW,THEREFORE,if the said contract be awarded to Principal and Principal shall,within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified In the bidding or contract documents with surety.acceptable to Obligee; or if Principal shall fall to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be void;otherwise to remain in full force and effect. SIGNED,SEALED AND DATED this 30t day of l , 2020 Interstate Water & Wastewater Specialists, LU rindpon By -----(Seal) westexn Surety ppMparly By J (Seal) Daniel P. Lussier Attorney-in-Fact Form F5876 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 Date14 - 2q —ZC/ Ma lbt Chopp. , c of Qk 4100- DO ft34 ^fp t. PHP 4,A�. Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b),I 44140< GkerPIlk y-,authorized signatory for Eh�l1S lolf r &Vat-IpU wp1-1FA. h Name of individual � Nome 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. Signature Date (Rev 1-201 b)Contract by and between Town of North Andover and Page 22 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT Drinking Water Treatment Plant 00520-22 North Andover,Massachusetts Polyalu inum Chloride Storage Tank bnprovements 312-1903 CERTIFICATION LABOR HARMONY AND OSHA TRAINING REQUIREMENTS The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA- approved construction safety and health course lasting at least ten(10)hours. i a Date Nk C�tpy:kG4., o�,,dtPL L�f14�#� !htP,, Print Name&Title IF Company Name (Rev 1-2016)Contract by and between Town of North Andover and Page 23 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT Drinking water Treatment Plant 00520-23 North Andover,Massachusetts Polyaluminum Chloride Storage Tank Improvements 312-I1b3 Action by Consent of the Managers of Interstate Water&Wastewater Specialists,LLC The undersigned,as the managers of Interstate Water&Wastewater Specialists,LLC,in accordance with Section 6.5 of the Limited Liability Company Agreement,hereby consent to the following: VOTED: The managers,or any one of them,are authorized to enter into contracts for services to be provided by the Company,including the contracts listed on Schedule A,as it may be amended,which,when signed and delivered by a manager,shall be the binding action of the Company. Dated:April 16,2014 Robert Chervincky — m.. _....._ Mark Chervincky � d Western Surety Company PERFORMANCE BOND Bond Number: 72266152 KNOW ALL PERSONS 8Y THESE PRESENTS,That wm of . hereinafter referred tnmo the Principal,and Western Sure-ty Company . os Surety, are held and firmly bound unto Town of North Andover of hereinafter one Hundred Ninety-Two Thousand Five Hundred and referred to as the Obligee,in the sum of 00/100 Dn||ern for the payment of which we bind ourselves,our legal representatives,successors and assigns,jointly and severally, firmly by these presents. VNHEREAG.Phndpo|hmxentorodinLwecnnbootwdhOb|igee.dotadthe______—daynf . _............ NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save hann|aom the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void;otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be Instituted In any court of competent jurisdiction in the location in which the work or pod of the wm,h is located and shall be Instituted within two yaom after Contractor Default or within two yoom after the Contractor uoommd working or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever occurs Onst. If the provisions of this Paragraph are void or pnuh\W1od by |mm, the minimum period of limitation available to munginn as o defense in the jurisdiction of the suit shall beapplicable, NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this___1 ��_� 4 day of , __ZO�L_- Interstate Water a By W44 (�oe\) Western Surety Company PAYMENT BOND Bond Number: KNOW ALL PERSONS 8Y THESE PRESENTS,That wa of P Box 1047 hereinafter referred toas the Principal,and . ua Surety,are held and firmly bound unto of hereinafter referred to as the Obligee, in the sum of one Hundred Ninety-Two Thousand Five Hundred and Dollars for the payment of which we bind ourselves,our legal representatives,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into m contract with Obligee,dated— day of , for oopyof which contract|mby reference made opart hereof. NOW, THEREFORE. If Principal mhoU, in onowrdmnua with applicable 8tmtutes, promptly make payment to all persons supplying labor and material In the prosecution of the work provided for In said contract,and any and all duly authorized modifications of said contract that may hereafter be mude, notice of which modifications to Surety being waived,then this obligation to be void;otherwise to remain in full force and effect. No suit ur action shall bo commenced hereunder (o) After the expiration of one (1) year following the date on which Principal ceased work on said contract It being undondood, howmver, that if any UmboUmn embodied in this bond is prohibited by any law controlling the construction hereof such limitation nheU be deemed to be amended no as to be equal to the minimum period uf limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the distdct in which the project, or any part thereof, is situated, and not elsewhere. The amount ufthis bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED,SEALED AND DATED this___�th_- day of . Interstate Water a (Principal) Western Sure tY Company POWER OF ATTORNEY-CERTIFIED COPY Bond No..........72266152 ..................................... Know All Men By These Presents,that WESTERN RN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falb,South Dakota(the"Company'D,does by them presents make, constitute and appoint .......................... its true and lawful attorneys)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Interstate Water & Wastewater Specialists, LLC Obliges: Town of North Andover Amount: $1,000,C00.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorneys)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officGra as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No.-.7 2 2 6 6.15 2 is not issued on or before midnight of _.__NoveTnber 30 2020 all authority conferred in this Power of Attorney shall expire and terminate. IV Exq1POPRm Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its oor � t to p.06to 9116VoAxAll this ---IA-t—h day of 2020 —t; "W SURE F��W E Y"Z 8 ly COMPANY STi4 FMH A Paul T.Aritflat,Vico Prosident '§A -iD 89 caui�f EIfZ.HA On this- 14th day of ........ in the year before me,a notary public,personally appeared Paul T. Brullat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary ad and dead of said corporation. J. MOHR NOTARY PUBLIC Notary Public-South Dakota S SE L (SEAL If JaSOUT14 DAKOTA"7TWS My Commission Expires June 23, 2021 1 the undersigned officer of Western Surety Company,a stock corporation of the.State.of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Swtion 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 4 t h-----—.--day of May --2020 WES It SURE X—y COMPANY ........... T.Paul Pa T flat Vice Vice President To validate bond authenticity,go to www.enasurety.com >Owner/Obligee Services>Validate Bond Form F5306-10-2017 INTEWAT-02 M IV NAY CERTIFICATE OF LIABILITY INSURANCE DAT/15/2D/YYYY) 020 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 Karra LaPointe NAME: NFP Property&Casualty Services,Inc. PHONE FAX 576 Main Street (A/C,No,Ext):(617)405-1547 (A/C,No): -MAIL Woburn,MA 01801 E ADDRESS;Es,karra.lapointe@nfp.com _.INSURER(S)AFFORDING COVERAGE NAIC..0 INSURER A_:Everest Indemnity Insurance Company ;10851 INSURED INSURER 6:Berkshire Hathaway Homestate Insurance Company I20044 Interstate Water&Wastewater Specialists LLC INSURER C_:Berkshire Hathaway Specialty Insurance Company 22276 PO BOX 1047 INSURER D: Manchester,NH 03105 INSURER E INSURER F VERAGES CERTIFICATE N 1IMBER: ___ 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 �ADDL SUBR POLICY EFF POLICY EXP AJR_TYPE OF INSURANCE Iy5.O1YYVD POLICY NUMBER ,(MMIDD/YIIYVL PMM(plT/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EF4ML05189-201 1/25/2020 1/25/2021 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED_EXP(Any one person)_....$ __ 10,000 ,.. ... _...—. PERSONAL.&ADV INJURY .. $ 1,000,000 GEN°L AGGREGATE LIMIT AP PI ES PER: GENERAL AGGREGATE ,$ 2,000,000 POLICY �'PRO- _ 1 2,000,000 LOC '....... ''..... PRODUCTS-COMP/OP_AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)._ $ _. ANY AUTO 'INAU158671 5/10/2020 5/10/2021 ,BODILY INJURY(Per person) , AUTOS ONLY _X AUTosuLED ®ODILY INJURY(Per accident),$ _.. 1,000,000 XHIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY .(Per accident) _._ _. $. UMBRELLA LIAR OCCUR _EACH OCCURRENCE._ $ _ AB CLAIMS-MADE AGGREGATE $.._ EXCESS,LI L E_.. _ _ DED RETENTION$ ._,. ........ .............. _ $ ......_. AND EMPLOYERS'LIABILITY WO CERlM M ER EXCLUDED? YIN IN/A RKERS COMPENSATION E. STATUTE PER OR41 R2WCO24161 8/12/2019 8/12/2020 1,000,000 Y PROPREIE7®0 ARTNERIEXECUT@VE — E'.L.EACH ACCIDENT $ andst In NH) I—' .E.L.DISEASE-EA EMPLOYEE,$ 1,000,000 E yes,describe under 1,000,00® DESCRIP710N OF OPERATIONS below E.L.DISEASE-POLICY LIMI7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Section 3A State:MA ._........ ... .... _ ... .._. .............. .. _..�.�.. CERTIFICATE HOLDER ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Environmental Partners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 18 Commerce Way,Suite 200 Woburn,MA 01801 — AUTHORIZED REPRESENTATIVE ACORD 25(2016I03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INTEWAT-02 VI Y A�ORO CERTIFICATE OF LIABILITY INSURANCE [�DtATE(MMIDDIYYYY115/2020 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 Karra LaPointe NAME: NFP Property&Casualty Services,Inc. PHONE o,Exy:(617)405-1547 FAX 576 Main Street Nei: EJNAa Woburn,MA 01801DD1tEss;karra.lapointe@nfp.com _ INSURER(S).AFFORDING COVERAGE _ NAIC 0 INSURER A:Everest Indemnity Insurance Company ,10851 INSURED INSURERS:Berkshire Hathaway Homestate Insurance Company ,20044 Interstate Water&Wastewater Specialists LLC INSURER C:Berkshire Hathaway Specialty Insurance Company 22276 PO Box 1047 INSURER D: Manchester,NH 03105 ,..INSURER E: INSURER F C VERAGE CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ,ADINSD W POLICY NUMBER �POLICY EFF POLICY EXP LIMITS AJR— TYPE OF INSURANCE M�/YEFF IMj1UDD/YYYYi A X COMMERCIAL GENERAL LIABILITY $ 1,000,000 EACH OCCURRENCE CLAIMS-MADE OCCUR EF4ML05189-201 1/25/2020 1/25/2021 DAMAGE TG RENTED 100,000 PREMISES(Ea occurrence) $ 10,000 MED EXP(Any one person) ' PERSONAL&ADV INJURY _i$ 1,000,000 GU''.NL AGGREGATE LIMIT AP PLIE,',a PER: GENERAL AGGREGATE _ $ 2,000,000 X POLICY JEC �_ 2,000,000 [ J LOG PRODUCTS COMP/OP AGG $ OT _. OTHER-. ........ .......... __� .... ..._._.._.�._...__. �_.,,,.. B ,,.._AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO INAU158671 5/10/2020 5/10/2021 BODILY INJURY(Per person) $ AUTOS ONLY X SCHEDULED posuLED BODILY INJURY(Per accident),$ _.... 1,000,000 X AUTOS ONLY X_.NUT S 6NL® PROPERTY DAMAGE '$ UMBRELLA LIAR OCCUR L. EACH,OCCURRENCE..._ $_ EXCESS LIAB CLAIMS-MADE AGGREGATE _$ DED RETENTION$ C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER , YIN R2WCO24161 8/12/2019 8M2/2020 1,000,000 ANY PROPRIETORRARTNERIExECUTIVE r NA !E.L.EACH ACCIDENT $ FFICER/MEM ER EXCLUDED' f - - andatoryln H) E.L._DISEASE-EA EMPLOYEE$ _ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below _.�.. E L DISEASE-POLICY LIMIT i DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Section 3A State:MA CERTIYI ATE H LL)ER ._..�,,._ CANCELLATION, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE North Andover WTF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 420 Great Pond Road North Andover,MA 01845 — - AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD