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HomeMy WebLinkAboutContract #: 1616 - From: 06-01-2023 To: 05-31-2024 - PJ Albert - DPW CONTRACT NO. 1 � 1 � VENDOR NO. 13089 PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER i Oh THIS CONTRACT made and entered into this J day of June, 2023, by and between P. J. Albert, Inc., a domestic profit corporation duly authorized by law and having a principal place of business at P.O. Box 2165, Fitchburg, MA, 01420, hereinafter called "CONTRACTOR", and the Town of North Andover, (TOWN)a municipal corporation duly established by law and located on 120 Main Street, North Andover, MA, Essex County, in the Commonwealth of Massachusetts. WHEREAS, the TOWN issued its Invitation for Bids for road and sidewalk restoration in the gas explosion impact area- contract 3, 4 and 5; 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: -I- The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor required to complete the road and sidewalk restoration in the gas explosion impact area in strict accordance with the Specifications, Plans and scope contained in the Invitation for Bids date April, 2023, as directed by the Department Head, during the period commencing upon execution and terminating May 31, 2024, 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 Bid, the Invitation for Bid, the Bid Deposit, the Specifications, Fifty (50%) percent Payment Bond, 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- Total payments under this CONTRACT shall not exceed $2,709,058.25. 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 Department Head. 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 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 2 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. -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 3 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, 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. 4 -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 Town.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. This Contract shall not be in force until the CONTRACTOR has executed and delivered to the TOWN and until the TOWN has accepted a Bid Deposit in the amount of five (5%) percent of the contract price. The Bid Deposit shall be secured by and paid for by the CONTRACTOR by a method satisfactory to the Town. -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. -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- 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 5 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 shall be waived; all others shall be an expense of the CONTRACTOR. -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 and executed by all signatories to the original Contract, prior to the effective date of the amendment. 6 -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 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. ty . APPROVED CONTRACTO By Melissa Murphy-Rodrigues FopN J- bp� TOWN Manager, North Andover Fe . .D. or So al Secur o. 042-IS1 tOOc� APPROVED AS TO FORM: N OF NORTH ANDOVER Christine P. O'Connor AmWtanford TOWN Counsel Division Director LAW SaMWQ- ,Z Lyne vage TOWN Accountant Date: 7 NOTICE OF AWARD TO: P.J.Albert, Inc. DATE: May 30,2023 PROJECT DESCRIPTION: North Andover—Road and Sidewalk Restoration—Gas Explosion Impact Area—Phases 3,4,& 5 The Owner has considered the Proposal submitted by you for the above described Work on May 11,2023 in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Proposal has been accepted for Items totaling the amount of $2,709,058.25. You are required by the Instructions to Bidders to execute the Contract Agreement and furnish the required Contractor's Performance Bond, Payment Bond and certificates of insurance within ten(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 3 of your bid prices are abnormally low. 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. The specific bid items of note are: Item 440. —Calcium Chloride for Roadway Dust Control; Item 443. — Water for Roadway Dust Control; and Item 851.1—Traffic Cones for Traffic Management. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 30'day of May,2023. By Its Town Manager: Melisssa Murphy-Rodrigues Date: ACCEPTANCE OF NOTICE Recei t of the above Notice of Award is hereby acknowledged, this, the • day of YO.XN� 23. By: f_ Titl r\� <4; .6,10mmmw 'IF g\o Telephone 978-345-7828 * 8DO-370-7828 Fax 978-696-0031 P AVH4G EXCAVATR,4G P.O.Box 2165 * Fitchburg,Ma.01420 www.pialbert.com LETTER OF TRANSMITTAL LAURIE A.BURZLAFF To: TOWN OF NORTH ANDOVER Attention: ASST.TOWN MANAGER/DIRECTOR OF OPERATIONS 120 MAIN STREET Date: 6/6/2023 NORTH ANDOVER, MA PJA JOB# A23-1702 CONTRACT# GAS iExPE.MION HIA111AM AREA IPHASES 3,4&5 RE: COINTRACT DOCUMENTS CD EMAIL CERTIFICATE OF COMPLIANCE FAX CERTIFIED PAYROLL X FED-EX CHECK HAND DELIVER X CONTRACT DOCUMENTS REGULAR MAIL LETTER PLANS REQUEST FOR QUOTE SCHEDULE SHOP DRAWINGS SPECS SUBMITTAL INFO OTHER: Enclosed: NOTICE OF AWARD PERFORMANCE BOND PAYME114111 BOND POWER OF AFTORNEY FOR SURETY CONTRAcr CEik"I'MICATE OF 111INSURANCE CERTINCATE OF INON(.'01Ll.USK)N CER1Y0CAM OF FAX COMIN,MNCE CEIRTITlCA"m OF VOTE Sonya Tho I-fs N Estimating tract Coordinator P.J.ALBERT,INC. P.O.BOX 2165 FITCHBURG,MA 01420 978-345-7828 X 312 s21IY12P-La—,be—rt—(,O—rn Town of North Andover,Massachusetts Road and Sidewalk Restoration— Gas Explosion Impact Area—Contract 3,4&S SECTION 00600 CONTRACT BONDS PERFORMANCE BOND Bond No. 012212456 KNOW ALL MEN BY THESE PRESENTS,that we P.J.Albert, Inc. with a place of business at 199 Upham Street, P.O. Box 2165, Fitchburg,,MA 01420 as Principal(the"Principal"),and The Ohio Casualty Insurance Company ,a corporation qualified to do business in the Commonwealth of Massachusetts,with a place of business at 175 Berkeley Street, Boston,MA 02116 as Surety(the "Surety"), are held and firmly bound unto the Town of North Andover, Massachusetts as Obligee (the Two FAiffion,Seven Hundred Nine Thousand, "Obligee"),in the sum of Fifty tight Dollars and 25/100($2,709,058.25)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 June 5, 2023 ,for the construction of Road and Sidewalk Restoration—Gas Explosion Impact Area —Contract 3,4&S. NOW THE CONDITIONS of this obligation are such that if the Principal(and all Subcontractors under said contract)shall well and truly keep and perform all the undertakings,covenants,agreement,terns and conditions of said contract on its part to be kept and performed during the original term of said contract and any extensions thereof that may be granted by the Obligee,with or without notice to the Surety,and during the life and any guarantee required under the contract,and shall also well and truly keep and perform all the undertakings,covenants,agreements,terms and conditions of any and all duly authorized modifications, alterations,changes or additions with notice to the Surety being hereby waived,then this obligation shall become null and void;otherwise,it shall remain in fill force and virtue. IN THE EVENT the Contract is abandoned by the Principal, or is terminated by the Town of North Andover,Massachusetts under the applicable provisions of the Contract,the Surety hereby further agrees that the Surety shall, if requested in writing by the Town of North Andover, Massachusetts promptly lake such action as is necessary to complete said Contract in accordance with its terms and conditions. IN WITNESS WHEREOF,the Principal and Surety have hereto set their hands and seals this 5th day of June,2023 00600-1 CONTRACT BONDS Town of North Andover,Massachusetts Road and Sidewalk Restoration Gas Explosion Impact Area—Contract 3,4&,S PRINCIPAL SURETY° S' r r P.J.Alb C. The Ohio Casualty Jns nce Company .. . � orne anwfact S o Name a eat "Att' y„ _ct] - La plV�02 ' �° l [ eall aria A. Pen4W�'4 n Astas 100 Front Street Suite 800,Worcester,MA 01 Title .� ........_�__. .�. [ l [Address] 888-850-9400 Attest: Attest® END OF PERFORMANCE BOND ° ", i 00600-2 CONTRACT BONDS Town of North Andover,Massachusetts Road and Sidewalk Restoration— Gas Explosion Impact Area—Contract 3,4& 5 PAYMENT BOND Bond No. 012212456 KNOW ALL MEN BY THESE PRESENTS,that we _PJ.AJbert Inc. with a place of business at_A9 Upham Street, P.O.Box 2165, Fitchbu!qMA 01420 as Principal the"Principal"),and The Ohio Casual.......... a corporation qualified to do business in the Commonwealth of Massachusetts,with a place of business at '175 B rkel oston,MA 02116 as Surely (the"Surety"),are held and firmly bound unto the To of North Andover,Massachusetts as Obligee (the"Obligee"),in the sum of F—milli-,Seven Hundred Nine Thousand,Fifl:y Fight Dollars and 2,1000($2,709,058 25)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 June 5,2023 for the construction of Road and Sidewalk Restoration-Gas Explosion Impact . .. ........... ............ Area-Phases 3A&5 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 Surely 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 5th —day of,June 2023 PRINCIPAL SURETY The asua y e om ................. P.J.Albert, .......... ..... [ t(orney-in- act][Seal]Laurie A Per "Anastas J` am and 100 Front Street,Suite 800,Worcester,Mkblws ....................[Address] [Title] 888-850-9400 [Phone] Attest: Attest: END OF PAYMENT BOND 00600-3 CONTRACT obNDS , This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No 8206878-973561 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Darlene F. Beshaw;Joseph B.Battaini;Laurie A.Penniman Anastas all of the city of Worcester state of WA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of December , 2021 Liberty Mutual Insurance Company P�\NSt,� POSY INS& %NSU,pq The Ohio Casualty Insurance Company PO`�ar'tn y`� °aPO"tiJ�y �oP °aPO`tar'tom West American Insurance Company 1912 o 0 1919 C 1991 a) 'r; t"3 y s �� o a o ��c? ui E dJl Ss4CHU5�da O MAMP`�a da `ep 1N°IANP da 1 L ` cJ °'M . L� By: / 6 io David M.Carey,Assistant Secretary L6 ca State of PENNSYLVANIA County of MONTGOMERY ss o E >, ,u On this 3rd day of -December 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance aa) o Company,The Ohio sae laity Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O •rn m m �a PAS 0-0 O Q, , Commonwealth of Pennsylvania-Notary Seal V Z. __ Teresa Pastella,Notary Public N'— ~ ' Montgomery County ` O f6 O My commission expires March 28,2025 B • O N O 4 Commission number 1126044 y r Member,Pennsylvania Association of Notaries ereST ,Notary Public Q O 04 ,12)2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 coo O-S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r0 M ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o°O Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President a may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all to_ C undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full c Co power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall O a) Z L) be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this- Co article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t�o_ ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals afsaid Companies this 6th day of June 2023 P�\NSu Poi IµS& G°paortgrQ r� - 4°pvortgr VP °µrorr,grFO�yRt 1912 0 1919 � � 1991 x mQ a o djl'�s,CHOS�rda Z9 By. "VAMP da `rs �N010" da Renee C.Llewellyn,Assistant Y Secretary LMS-12873 LMIC OCIC WAIL Multi Co 02/21 ACO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/2/2023 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 Marsh&McLennan Agency LLC PHONE FAX 100 Front St, Ste 800 •888-850-9400 A/c No):866-795-8016 Worcester MA 01608 ADDRESS: MMA.NewEngland.CLines@marshmc.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Acadia Insurance Company 31325 INSURED PJALBER1 INSURER B:Massachusetts Employers Insurance Coma 12886 P.J.Albert, Inc. Alba Leasing Corporation Inc. INSURER C:Continental Western Insurance Company 99999 PO Box 2165 INSURER D: Fitchburg MA 01420 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER:57416141 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS C X COMMERCIALGENERALLIABILITY CPA0085666 12/1/2022 12/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ]PE0 LOG PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY MAA0085617 12/1/2022 12/1/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident _ ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR CUA0085669 12/1/2022 12/1/2023 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DIED I X I RETENTION$ $ B WORKERS COMPENSATION 2000192 3/2/2023 3/2/2024 X I STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A IM Equipment Fltr CIM502517320 12/1/2022 12/1/2023 Leased/Rented From $400,000 Others Scheduled Equipment $7,283,315 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:North Andover-Road and Sidewalk Restoration-Gas Explosion Impact Area-Phases 3,4,&5 Town of North Andover,is included as additional insured,on a primary and noncontributory basis,as respects the general liability,including ongoing and completed operations,and auto liability,if required by written contract,for work performed by the named insured.Waiver of subrogation applies in favor of the additional insured as respects the general liability,auto liability,and workers compensation if required by written contract.The umbrella is follow form.30 day notice of cancellation except 10 day notice for nonpayment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of North Andover 120 Main Street AUTHORIZED REPRESENTATIVE North Andover MA 01845 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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 "T�rW— (o , rLo 22:) Print Nam t& Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for Lyyl Name of in1vidual 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 over, relating to taxes,permit or other fees,reporting of employees and contractors, and withholding and remitting child support. to Q Date 8ga CERTIFICATE OF VOTE 7se-e- 4\��Q3 At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon I hereby certify that I am the clerk of the above named and that is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) 9 r I I q Telephone 978-345-7828.800-370-7828• Fax 7 -345-15 P.O. Box 2165• Fitchburg, MA 01420• www.pjalbert.com x CERTIFICATE QF AUTHORITY FETING OF THE BOARD OF DIRECTORS . 2023 At a meeting of the Directors of P. J. Albert, Inc. duly called and held at 199 Upham Street, Fitchburg, Massachusetts on the 3rd day of January 2023, at which a quorum was present and acting, it was VOTED: that JACQUELINE MARTHA ALBERT, President, or PHILIP JOSEPH ALBERT, CFO/Treasurer, CORY PHILIP ALBERT, Vice President, or SHELLI MARLENE CHESBROUGH, Secretary, of this Corporation are authorized and empowered to make, enter into, sign, seal and deliver in behalf of this Corporation a Contract for t n VM C`�3f1S �r'- 1C and performance and payment bonds (each in the full amount of the Contract) in connection with such Contract. I do hereby certify that the above is a true and correct copy of the record, that said vote has not been amended or repealed and is in full force and effect as of this date, and that JACQUELINE MARTHA ALBERT is the duly elected President, PHILIP JOSEPH ALBERT is the duly elected Treasurer, CORY PHILIP ALBERT is the duly elected Vice President and SHELLI MARLENE CHESBROUGH is the duly elected Secretary of this Corporation. COMMONWEALTH OF MASSACH P. J. Albert, Inc. Worcester o Then personally appeared the above named SHELLI MARLENE CHESBROUGH and acknowledgedAELLIARLS CHESSROU ISECRETARY the regoing instr t t be her free act and deed before me. ,M THIS FORM IS VOID AND WITHOUT SONYA THOM S NOTA PUBLIC EFFECT I ALTERED IN A . My commission ir : April 19, 2024 .....................