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HomeMy WebLinkAboutContract #: 1613 - From: 06-15-2023 To: 12-01-2023 - Ponch Excavation, LLC - DPW SECTION 00520 CONSTRUCTION CONTRACT CONTRACT NO. VENDOR NO. 502 � PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this S_ day of y K-1 , 2023, by and between Town of North Andover, a domestic profit corporation duly authorized by law and having a principal place of business at Ponch Excavation, LLC., hereinafter called "CONTRACTOR", and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located in Essex County and Commonwealth of Massachusetts, acting by and through its Commissioner of Public Works. WHEREAS, the TOWN issued its Invitation for Bids for water main improvements; and WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN; and WHEREAS, the TOWN has accepted the CONTRACTOR'S offer. NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The CONTRACTOR agrees that it will furnish all work associated with the Ferncroft Circle Water Main Replacement project, in strict accordance with the Specifications, as directed by the Town, during the period commencing upon execution and terminating JQ11 I Jo-\J, and will perform such work in a good workmanlike manner. As per the terms of the Invitation for Bids, the work must be substantially complete within 30 days.Time is of the essence for this Contract.Any extensions of time must be in writing and are at the sole discretion of the TOWN. -2- The Invitation for Bid,the Specifications,the Bid, all required Certifications, all Insurance Binders, and the Schedule of Minimum Wage Rates, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, are incorporated herein and made a part of this CONTRACT. -3- CONSTRUCTION CONTRACT Ferncroft Cir Water Main 00520-1 NOR 22009114 Total payments under this CONTRACT shall not exceed $ 250,036.18. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract. -5- The CONTRACTOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- The work to be done under this CONTRACT, including all the necessary labor, equipment, tools, appliances and materials in connection therewith must, in all respects, notwithstanding any provision herein to the contrary or inconsistent therewith, meet with the approval of the said Facilities Director. The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing.The CONTRACTOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. -7- No laborer, workman or mechanic, working within the Commonwealth, in the employ of the CONTRACTOR, or any subcontractor authorized under this CONTRACT shall, in connection with the work to be done under this CONTRACT, be required or requested to work more than eight (8) hours in any one (1) calendar day, or more than forty-eight (48) hours in any one (1) week, except in cases of extraordinary emergency, unless otherwise provided by law. -8- The CONTRACTOR shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN; all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencement of work CONSTRUCTION CONTRACT Femcroft Cir Water Main 00520-2 NOR 22009114 hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s)of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR." The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. For the purpose of the Contract,the CONTRACTOR shall carry the following types of insurance in at least the limits specified below. Workers' Compensation—the required statutory amount Employer's Liability—$500,000 Bodily Injury & Property Damage Liability Except Automobile—$500,000 Automobile Bodily Injury& Property Damage Liability—$1,000,000 combined single limit for each accident. Excess Umbrella Liability—$5,000,000 for each occurrence -9- It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the CONTRACTOR'S performance or non-performance of the CONTRACT. 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. -10- The CONTRACTOR agrees that the cost of Liquidated Damages shall be a fixed amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00) for each consecutive calendar day the CONTRACTOR is in default of the Time for Completion condition for this contract. -11- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the CONTRACTOR is cognizant thereof. Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. CONSTRUCTION CONTRACT Ferneroft Cir Water Main 00520-3 NOR 22009114 -12- The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30,Sections 39M and 39N, and Chapter 149, Sections 26 and 27, and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein, and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. The said CONTRACTOR agrees to pay the Wage Scale, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, a copy of which was provided with the Invitation for Bids and the CONTRACTOR further agrees that, in the event that there are to be employees of classifications other than those specifically stated herein engaged in the work to be performed under this CONTRACT, to submit a list of the additional classifications of those to be employed to the said Facilities Director, and the said CONTRACTOR agrees that it will pay the Schedule of Wages, as determined by the said Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, under the provisions of General Laws, Chapter 149, Section 27, and the amendments thereto. -13- 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 c.151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 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 c.149, §§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 c.149, §27B. -14- 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 c.151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 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, CONSTRUCTION CONTRACT Femcroft Cir Water Main 00520-4 NOR 22009114 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. -15- The CONTRACTOR shall give its personal attention constantly to the faithful performance of the work and 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. 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. Subcontracts will not relieve or discharge the CONTRACTOR from any duty,obligation, responsibility or liability arising under this Contract. 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. -16- This Contract shall not be in force until the CONTRACTOR has executed and delivered to the TOWN and until the TOWN has accepted a Payment Bond in the amount of fifty (50%) percent of the contract price. The Payment Bond shall be secured by and paid for by the CONTRACTOR and shall be issued by a Surety Company satisfactory to the Commissioner of Public Works. Any filed or non-filed subcontractor is also required post a payment bond based on fifty (50%) percent of their filed or non-filed sub-bid. -17- It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen (14) days' written notice to the other party, sent by certified mail, to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause. To the full extent permitted by law, no official, employee, agent, or representative of the TOWN shall be individually or personally liable on any obligation of the TOWN under this contract. -18- 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 any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. -19- CONSTRUCTION CONTRACT Ferneroft Cir Water Main 00520-5 NOR 22009114 It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager,TOWN Accountant, and Purchasing Agent prior to release of final payment under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -20- The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -21- All fees for permits or licenses required for this project by the TOWN, or any other agency, shall be an expense of the CONTRACTOR and shall not be waived (I believe we do waive Town fees for Town projects). -22- 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 by the TOWN Accountant.The TOWN may immediately terminate or suspend this CONTRACT without liability on the part of the TOWN for damages, penalties or other charges in the event the appropriation funding this CONTRACT is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this CONTRACT. -23- This contract is only binding upon, and enforceable against the TOWN if: 1)the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form. 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. -24- 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.Any Amendments to this Contract must be made in writing CONSTRUCTION CONTRACT Femcroft Cir Water Main 00520-6 NOR 22009114 and executed by all signatories to the original Contract, prior to the effective date of the amendment. -25- 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. IN WITNESS WHEREOF,the CONTRACTORS and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. APPROVED: CONTRACTORS elissa Murphy-Rodrigues TOWN Manager, North Andover Fed.I.D. or Social Security No. q5- 35-3 7 3q_5- APPROVED AS TO FORM: TOWN OF NORT,H� ANDOVER s Christine P. O'Connor TOWN Counsel De rtment Head k 211 Lyne S vage Date: TOWN Accountant � ' f?� 2- � CONSTRUCTION CONTRACT FemcroR Cir Water Main 00520-7 NOR 22009114 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that our 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 3-28-23 Thomas Viola Ponch Excavation LLC Print Name &Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Thomas Viola , authorized signatory for Ponch Excavation LLC 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. —17t&m.ad, lie& 3-28-23 Signature Date CONSTRUCTION CONTRACT Femcroft Cir Water Main 00520-8 NOR 22009114 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 —/;& u - Date 3-28-23 Thomas Viola Manager Ponch Excavation LLC Print Name &Title Company Name CONSTRUCTION CONTRACT Femcroft Cir Water Main 00520-9 NOR 22009114 Bid or Proposal Bond Westfield Insurance Company Westfield Instuanceg I Park Circle.P 0 Box 5001, Westfield Center,Ohio 44251-5001 To Free 800-243-0210 KNOW ALL MEN BY THESE PRESENTS,that we, Ponch Excavation LLC ,as Principal,and the Westfield Insurance Company an Ohio Corporation,with its principal office at Westfield Center,Ohio,as Surety,are held and firinly and unto To of North Andover.DPW as Obligee,in the penal sun,of Five Percent of the total bid DOLLARS, lawful money of the United States of America, for the payment of which. well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS the said Principal is herewith submitting a bid or proposal for Ferncroft Circle Water Main &eklacement NOW THEREFORE, the condition of the above obligation is such. that if the said Principal shall execute a contract and give bond for the faithful performance thereof, if required by the contract,or if the Principal or Surety shall pay the Obligee the difference.not exceeding the penal sum hereof,between the amount of the contract entered into in good faidi top the work to which the bid or proposal relates and the amount bid or proposed by the Principal,then this obligation shall be void'.otherwise it shall remain in full force and effect. SIGNED this 291h —day of March 2023 Pfincipal Thomas Viola Westfield Insurance Company Donna Rodrigues V Attomey-in-fact BD 5046 General POWER NO. 3820222 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individuatty as a "Company' and collectively as "Companies," duly porganized and existing under the lawsof the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these esents make,constitute and Moint ARK W. MATRONE,DONNA RODRIGUES,CHRISTINA VIEIRA,JOINTLY OR SEVERALLY of BRISTOL and State of RI its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE CUARAQTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the. WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognzances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 02nd day of JANUARY A.D.,2020 . w..w ..........a„ ur«. Corporate O\�sy #d0%N_�t ��%nNAL r"� 1NS "'Ra, WESTFIELD INSURANCE COMPANY ••'a? ;sue'• "' •• WESTFIELD NATIONAL INSURANCE COMPANY Affixed v; .a. +tips r o; •• s�"2 g ••+ OHIO FARMERS INSURANCE COMPANY hf 5�, SEAL `• ` ?� cau�tlTElr 71 State of Ohio ,..;;,..,.,.•� sy��''••,«:«.a......• � 1� By: County of Medina ss.: Gary Wf.tumpe:r, Nations Surety Leader and Senior Executive On this 02nd day of JANUARY A.D., 2020 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial a� Seal a\A Affixed O 00, \\`11�� 9� State of Ohio qW C David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: ';4 O N % My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) ..•ryf' p I, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., �„M«!•1 ���yy p*4 ,,,•P:�N(�NA1 ijVroy NON ?w. z. ; 7 � 5SEALio� r SEAL m' a®• utTEREp � Secretary , .• 1648 �•�... %ate ... '•�= Frank A. Carrino, Secretary III'•�•••`•,.\, '"4..«%«IIN.J..�•. BPOAC2 (combined) (06-02) t�l WEST FIELD" AUTHORIZATION AND CONSENT TO THE USE OF ELECTRONIC SEAL ADDENDUM(APRIL 22,20201 Due to logistical issues associated with the use of traditional seals during this COVID-19 pandemic,Westfield Insurance Company and/or Westfield National Insurance Company and/or Ohio Farmers Insurance Company(collectively the "Surety") has authorized its Attorney-in-Fact to affix the Surety's corporate seal to any bond executed on behalf of the Surety by any such Attorney-in-Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of the Surety by its Attorney- in-Facts, the Surety hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. ol" UIRAA, .,/, r�ti�t' 5 s ad si 14. SEAL Mry• s ►"- . 1848 •� ate: r::''e 4��`RTfRf� •o 4 w4 -'''��/l/lll1111111111�1����```'` Xra�*Nrit#fi4�41N1y4 Thank you, Gary W.Stumper National Surety Leader PAYMENT BOND Bond No. 132328H _ KNOW ALL MEN BY THESE PRESENTS,that we Ponch Excavation LLC with a place of business at 3841 Washington St. Boston, MA 02131 as Principal(the"Principal"), and Westfield Insurance Company ,a corporation qualified to do business in the Commonwealth of Massachusetts,with a place of business at 1 Park Circle, Westfield Center, OH 44251 as Surety (the"Surety"), are held and firmly bound unto the Town of North Andover, Massachusetts as Obligee (the"Obligee"), in the sum of $250,036.18 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 May 10, 2023 , for the construction of water main improvements. 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 l/ day of A141d Lv 2-3 PRINCIPAL SURETY Westfield Insurance Company 7/2 Or"al 1Z,O H [Attorney-in-fact] [Sea]] [Name and Seal] 1 Park Circle, Westfield Center, OH 44251 � ��( Gt Yt iA y 4 Y— [Address] [Title] 617-454-1081 (�_,��h-�/ �� [Phone] Attest: �_ Attest: Chn/ tIj a vlem CONSTRUCTION CONTRACT Ferncroft Cir Water Main 00520-1 l NOR 22009114 General POWER NO. 3820222 00 Power Westfield Insurance Co. of attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and apppoint MARK W.MATRONE,DONNA RODRIGUES,CHRISTINA VIEIRA,JOINTLY OR SEVERALLY of BRISTOL and State of RI its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - • - - - -- - • • - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - LIMITATION. THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARARTE OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the. WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recogmzances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 02nd day of JANUARY A.D.,2020 . Corporate sY� '+y «\tnN •,, %S WESTFIELD INSURANCE COMPANY Seals o�'..•••».pc* ��'�P-.• •.NsG.; }'' ,, • WESTFIELD NATIONAL INSURANCE COMPANY Affixedt, .oa. Q o_. ••�: 3 OHIO FARMERS INSURANCE COMPANY �', SEAL • - ...'tJAW11�Afo j%': 11348.-11 State of Ohio By County of Medina ss.: Gary W. tumper, Nations Surety Leader and Senior Executive On this 02nd day of JANUARY A.D.,2020 ,before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say,that he resides in Hartford, CT;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal a\AL SOf Affixed ,�P t .� State of Ohio � � o David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: y T My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) )E. OF 0 I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., 'm4u:• 2.= ;sT'CIu rifrioe!"S!S SEAL %m �� �/ • t Alf S'eCr6tary Vk •......�•'� +' .,,. '•? Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) F. �V WESTFIELD" AUTHORIZATION AND CONSENT TO THE USE OF ELECTRONIC SEAL ADDENDUM(APRIL 22,2020) Due to logistical issues associated with the use of traditional seals during this COVID-19 pandemic,Westfield Insurance Company and/or Westfield National Insurance Company and/or Ohio Farmers Insurance Company(collectively the"Surety") has authorized its Attorney-in-fact to affix the Surety's corporate seal to any bond executed on behalf of the Surety by any such Attorney-in-Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of the Surety by its Attorney- in-Facts, the Surety hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. b-D� 1848 =y1° v� Thank you, Gary W.Stumper National Surety Leader ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) O5/10/2023 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 NAME: Donna Rodrigues,CIC,CRIS John Andrade Insurance Agency,Inc. a NN Ext: (401)253-6542 1 aG No: (401)253-5070 559 Hope Street ADDRESS: drodrigues@johnandradeinsurance.com INSURER(S)AFFORDING COVERAGE NAIC p Bristol RI 02809 INSURERA: Selective Ins Co of Southeast 39926 INSURED INSURER B: Selective of South Carolina 19259 PONCH EXCAVATION LLC INSURER C: 24 CARTER ST INSURER D: INSURER E: BERLIN MA 01503-1219 INSURERF: COVERAGES CERTIFICATE NUMBER: CL226229073 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/D MM/DD/YYW COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ 500,000 MED EXP(Any oneperson) $ 15,000 A Y S 2161297 06/01/2022 06/01/2023 PERSONAL BADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY ®PECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y A 9108399 06/01/2022 06/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acadent Auto Elite Pac $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB HCLAIMS-MADE Y S 2161297 06/01/2022 06/01/2023 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE ERµ YIN AND EMPLOYERS'LIABILITY 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ A OFFICER/MEMBEREXCLUDED? � N/A WC9023220 06/01/2022 06/01/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) Additional Insured on a primary and noncontributory basis as required by written contract on all policie except Workers Compensation:Town of North Andover and Envirormental Partners Group LLC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. Town Hall AUTHORIZED REPRESENTATIVE 120 Main St North Andover MA 01845 ©1988-2015ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS PAGE IS INTENTIONALLY LEFT BLANK CONSTRUCTION CONTRACT Femcroft Cir Water Main 00520-12 NOR 22009114 NOTICE OF AWARD TO: Ponch Excavation,LLC DATE: 3841 Washington Street Boston,MA 02131 PROJECT DESCRIPTION: Ferncroft Circle Water Main Replacement The Owner has considered the Proposal submitted by you for the above described Work on March 29, 2023 in response to its Advertisement for Bids and Instructions to Bidders. You are hereby notified that your Proposal has been accepted for Items totaling the amount of $ 250,036.18 . 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 Proposal 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. It is acknowledged that six of your bid prices are abnormally low. It is understood that this will be waived as an informality as to form in your Bid. However you are hereby notified that the unrealistically low unit prices not reflecting the actual cost of the work bars you from any equitable adjustment of unit price bid items. The specific bid items of note are: 7,8,9a,9c, 12, 13. You Ke1equired to return an acknowledged copy of this Notice of Award to the Owner. Dated this --�f--day of M QA,v1 2023. FOR THE NORTH ANDOVER DEPARTMENT OF PUBLIC WORKS NORTH ANDOVER,MASSACHUSETTS BY: Melissa Murphy-Rodrigues, Esq. TOWN MANAGER ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged, this, the day of 2023. By: iL�n Title: Al A A of NOTICES 00550-1 Ferncroft Cir Water Mani NOR 22009114