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Contract #: 1339 - From: 08-24-2020 To: 11-24-2020 - Tim Zanelli Excavating, LLC - DPW
SECTION 00550 NOTICES TO: Tim Zanelli Excavating LLC DATE:August 21,2020 PROJECT DESCRIPTION:Barker Street Culvert Replacement The Owner has considered the Bid submitted by you for the above described Work on August 13, 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 $199,920.25. You are required by the Instructions to Bidders to execute the Contract Agreement and furnish the required Contractor's Payment Bond and certificates of insurance within ten(10)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 tore an acknowledged copy of this Notice of Award to the Owner. Dated this 21 th day of AMpst,2020. FOR THE TOWN MANAGER NORTH ANDOVER,MASSACHUSETTS BY:JM- ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged, this, the day of )2020., By: m I rlaaft("I Ly j Title: NOTICES 00550-1 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 30B;(2)Public Buildings(governed by the provisions of General Laws Chapter 149,§44A, et seq.);and(3)Public Works(governed by the provisions of General Laws Chapter 30,§39M,et seq). 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: Tim Zanelli Excavating,LLC Address: 16 Moreland Street, Somerville,MA 02145 Telephone Number: 978-207-1233 Email: twzanelli@gtnail.com 1. This a Contract for Ln' e proc-Lri einent of the following: The Work under this tontract includes, but is not limited to the demolition of an existing 24-inch CMP culvert and 6-inch PVC culvert,the installation of a new 41 by 4' precast concrete culvert with headwalls and wing walls, relocation of a 12" CLDI water main, grading, stream restoration,wetland replication,dewatering,stream bypass, guardrails, temporary and permanent paving, and all appurtenances and incidental work necessary to complete the construction. 2. T.h.e Contract price to be paid to the Contractor by the Town of North Andover is: 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. (Rev 1-20 10 Contract by and between Town of North Andover and Page I TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-1 4. Definitions 4.1 AcceDtance: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. 41.2 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 90 calendar days from and including issuance of the notice to proceed.The notice to proceed will be issued once the submittal for dewatering and bypass is approved by the North Andover Conservation Commission, and the Engineer unless extended pursuant to a provision for extension contained in the Contract documents (Rev 1-2016)Contract by and between Town of North Andover and Page 2 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-2 at the sole discretion of the Town,and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. 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 y 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 solvency,(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 (Rev 1-2016)Contract by and between Town of North Andover and Page 3 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-3 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 11-2016)Contract by and between To of North Andover and Page 4 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-4 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 t , 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,etseq: 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, -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 (Rev 1-2016)Contract by and between Town of North Andover and Page 5 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-5 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 c151B 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. 1 . 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( )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, aManager's Certificate or other documentation satisfactory to the Town certifying the corporate capacity and authority of the (Rev 1-201D Contract by and between Town of North Andover and Page 6 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-6 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 To of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, 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. Liabilitv of Public Officials To the full extent permitted by law, no official, employee, agent or representative of the To of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 17. Indemnification The Contractor shall indemnify, defend and save harmless the To 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 To 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. (Rev 1-2016)Coa 2?y and between To of North Andover and Page 7 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-7 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: 1 .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 Excess Liability(Umbrella) $2,000,000 Noe 8 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-8 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 o required policies. 18.1. .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. . 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. . All premium costs shall be included in the Contractor's bid. 18.1. . 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: 1 .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. 1 .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. 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. LRev 1-2016)Contract by and between Town of North Andover and Page 9 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-9 18.2.4. The To 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 1 .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 To 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. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor)without the prior written approval of the Town,except as otherwise required by law. The Contractor shall comply with the provisions 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. 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 (Rev 1-2016)Contract by and between Town of North Andover and Page 10 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-10 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. Assi ent 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 y 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 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. e 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 (Rev 1-2016)Contract by and between Town of o dower d image 11 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-11 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 To 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 049, §§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 c149, §27B. 26. Audit, Inspection and RecoLdkee in At any time during normal business hours,and as often as the To 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. 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. (Rey 1-2016)Contract by and between To of North Andover and Pan 12 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-12 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 y 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( )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). 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. . Contractor Certifications (Rev 1-2016)Contract by and between Town of North Andover and Page 13 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-13 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 A, §19 , 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, §39F, M.G.L. 649, §27C, M.G.L. c149, §44C, M.G.L. 649, §148B and M.G.L. c152, §25 . 34. Bonding 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 To and provide an original thereof to the Town prior to the commencement of performance. 35. Eguality Pace 14 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-14 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 ( 5%) 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. 39. Access to work/Supervision 3 .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 (Rev 1-2016)Contract by and between Town of North Andover and Page 15 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-15 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 i 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 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. (Rev 1-2016)Contract by and between Town of North Andover and Page 16 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-16 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 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- Q?,ev 1-2016)Contract by and between Town of North Andover and Page 17 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-17 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: 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 (Rev 1-2016 Contract bj and between To of North Andover and Page 18 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-18 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. 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 Rev 1-2016)Contract by and between Town of North Andover and Page 19 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-19 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. ev 1-2016)Con t y e To of o over Page 20 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-20 This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: e Town of North Andover by: Moil Town Manager Elqp�ment/Division Head own A ountant Certified as to Appropriation Town Counsel The Contractor by: Authorized QLture '°" (Rev 1-201D Contract by and between Town of North Andover and Page 21 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-21 OP ID: DAN CERTIFICATE OF LIABILITY INSURANCE DATE 4/2 0 2 Y) o8rz4rzozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Segreve&Hall Insur.Assoc.Inc PHONE Fax One Tech Drive,Suite 135 n/c No ExtL978-975-1300 _ i�C N®1:978-975-7596, Andover,MA 01810 E-MAIL Patrick D.Hall ADDRESS: -------- -- ....... - PRODUCERCUSTOMER 10 TNO,T-3 _ _ INSURER(S)AFFORDING COVERAGE NAIL# ._...........__ _--'-- ----- ....------..... ._............ ...._.._.. ......_..-...... .._._._._— --...... ...-----.. _..........._._.. INSURED Ti ..... Zanelli Excavating I.LC INSURER A:Arbolla Protection Ina.Co. 41360 16 Moreland St _ _...- _.-- — Somerville,MA 02145 INSURER B:AEIC 11104 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _. _...- .— — ...... INRR ..,...._._..._"_..TWPE OF INSURANCE...__.---_,........... OOC _UBlF `,..-......." _ ....... . . ....._�... .__POLICY EFF._. .POLICY EXCP LL LIMITS LTR POLICY NUMBER MMIDD/YYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 TS7AGETC.RENTEt- _ 250,00(A X COMMERCIAL GENERAL LIABILIT"Y PREMISES.(Ea ocounence)_ .. CLAIMS-MADE [X OCCUR MED EXP(Any one person) $ ... 5,00 X XCU PERSONAL&ADV INJURY $ 1,000 00 8500043213 05/20/2020 05/20/2021 GENERAL AGGREGATE $ 2,000,00 _._ ---.__.. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY X PRO• LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,00a 00 A ANY AUTO ..... ... _ .... BODILY INJURY(Per pamon) $ ALL OWNED AUTOS 1020012448 01/14/2020 01/14/2021 __.... X SCHEDULED AUTOS 1020065667 06/16/2020 06/16/2021 .BGDILY INJURY(Para 'dent) $ ............. PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNED AUTOS $ _ ... __.. $ UMBRELLA LU\B ._X OCCUR EACH OCCURRENCE $ 5,000,00 _.. .. --- ..._. _.. EXCESS LIAB CLAIMS MADE AGGREGATE $ 5,000,00 A -----__S-.......— 4620080483 05/20/2020 05/20/2021 -- - — DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- O'TH- AND EMPLOYERS'LIABILITY YIN TORY LIM.ITS _ER ...... - B ANY PROPRIETOR/PARTNER/EXECUTIVE I F„I.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? N P A ..._ ...- (Mandatory In NH) WCC-500-5010715 02/27/2020 02/27/2021 E.L.DISEASE. EMPLOYEE $ 500,00 it yyes,dascrlbo under _ _ _. _ DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace is required) Town of North Andover is additionally insured. CERTIFICATE HOLDER CANCELLATION NORTHAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town Of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street North Andover,MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 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 1hvtIQ IYI Print Nam&4 Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws Section 49A (b), I 7 authorized signatory for Name qfindiWAal Name�f ccontractor 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 _(Rey i-201ti)Contract by and between Town ofNarth Andvvcr end Page 22 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-22 Barker Street Culvert Replacement 312-1902 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 ate — S �"I. D i , 4(1 Lzw, Print dame„ Title Company Name v 1- I )Con n To o o AndoverPage 3 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-23 Barker Street Culvert Replacement 312-1902 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the „ held on it was VOTED,THAT '� " at ne) (Officer) of , be and hereby is authorized to execute contracts and bonds in the name and on behalf of said ` A , and affix its corporate seal hereto; and such execution of any contract or obli ation in the name of" (: nits be alf b such officer under seal of ,shall be valid and binding upon I hereby certify that I am the clerk of the above named u and that i °"I 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) (C k) w.. (Rev 1-2 11 ween Town ofNorth Andover and Page 24 TOWN OF NORTH ANDOVER CONSTRUCTION CONTRACT 00520-24 Barker Street Cutvert Replacement 312-190