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Contract #: 25459 - From: 11-07-2023 To: 06-01-2024 - NEL Corporation - Facilities
F ' CONTRACT NO. VENDOR NO. �~S BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 3tday of94toberm 2023, by and between NEL Corporation, a domestic profit corporation duly authorized by law and having a principal place of business at 3 Ajootian Way, Building B, Middleton, Massachusetts, hereinafter called "CONTRACTOR", and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located at 120 Main Street, North Andover, in Essex County, Commonwealth of Massachusetts. WHEREAS, the TOWN issued its Invitation for roof restoration at the DPW garage; and WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN, when requested by the Department Head or his designee; 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 the necessary equipment, materials, and labor required for the roof restoration at the DPW garage in strict accordance with the Specifications, as directed by the Department Head, during the period commencing upon execution and terminating June 1, 2024, 2023, and will perform such work in a good workmanlike manner.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, Bid Deposit, Payment Bond, Performance 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 Two Hundred Forty-eight thousand nine hundred fifty and 00/100 ($248,950.00) dollars. 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 TOWN, in consideration of the above CONTRACTS on the part of the CONTRACTOR to be performed, agrees to pay to the CONTRACTOR the price set forth in Paragraph No. 3 for all work performed and the necessary equipment, tools, appliances and materials furnished hereunder. 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. -7- 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 contracting 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. -8- 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. 2 -9- 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 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 -10- 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. -11- 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. 3 -12- 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. -13- 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 is attached hereto and marked "D" 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 Department Head involved in this project, 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. -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.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, §2713. -15- 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.15113 (Law Against Discrimination) and 4 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. -16- 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. -17- 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 of Five (5%) Percent of the value of the total bid or sub-bid; Payment Bond in the amount of One Hundred (100%) percent of the contract price; Performance Bond in the amount of One Hundred (100%) percent of the contract price. The Payment Bond and Performance Bond shall be secured by and paid for by the CONTRACTOR and shall be issued by a Surety Company satisfactory to the Department Head overseeing the CONTRACT. -18- 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. 5 -19- 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. -20- 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 Auditor, and Purchasing Agent prior to release of final payment underthis contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -21- 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. -22- All fees for permits or licenses required for this project by the TOWN shall be waived, however, fees for all other permits or licenses required for this project shall be an expense of the CONTRACTOR. -23- 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. -24- 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, 6 payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -25- 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. -26- 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 Melissa Murphy-Rodrigues M,�H��� �• �;�ukss� � S��,J Town Manager, North Andover Fed.I.D. or Social Security No' OL-_ Z9(001'7\\ APPROVED AS TO FORM: TOWN OF;NOZRTDOVER Christine P. O'Connor Town Counsel Depa nt Head Lyne av e i / /z�_ Town Ac untant Date: ( l 7 PAYMENT BOND Bond No. 30202240 KNOW ALL MEN BY THESE PRESENTS, that we NEL Corporation with a place of business at 3 Ajootian Way, Bldg B. P.O. Box 929, Middleton, MA 01949 , as Principal (the "Principal'), and Western Surety Company a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at 151 N. Franklin St., 17th Floor, Chicago, IL 60606 as Surety (the "Surety"), are held and firmly bound unto the Town of North Andover, Massachusetts as Obligee Two Hundred Forty-eight Thousand Nine Hundred Fifty (the"Obligee"), in the sum of And No/100 DOLLARS. ($248.950.00) 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 11/3/2023 1 for the construction of 23-10-DPW Roof Restoration, 384 Osgood St, North Andover, MA NOW, THE CONDITIONS of this obligation are such that if the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said 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 3rd day of November,2023 PRINCIPAL SURETY NEL C moration I Western Surety Complan 11,42,d t 1,L //L [Name and Seal] [Attorney-in-fact [Seal] Claire A Cava gh 141 Longwater Drive, Suite 203 /41(G ` A ?K45S 1''ItN'7_ Norwell,MA 02061 [Title] [Address] 781-681-6656 Attest: [Phone] Attest: L.... Page 1 PERFORMANCE BOND Bond No. 30202240 KNOW ALL MEN BY THESE PRESENTS,that we NEL Corporation with a place of business at 3 Ajootian Way, Bldg B, P.O. Box 929, Middleton, MA 01949 , as Principal(the "Principal"),and Western Surety Company ,a corporation qualified to do business in the Commonwealth of Massachusetts,with a place of business at 151 N. Franklin St., 17th Floor, Chicago, IL 60606 as Surety(the "Surety"), are held and firmly bound unto the Town of North Andover,Massachusetts as Obligee(the Two Hundred Forty-eight Thousand Nine Hundred Fift "Obligee"),in the sum of And No/100 DOLLARS. ( 248.950.00) 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 11/3/2023 ,for the construction of 23-10-DPW Roof Restoration, 384 Osgood St, North Andover, MA 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,terms 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 full 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 take 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 3rd day of November,2023 PRINCIPAL SURETY NEL Corporation Western Surety Company [Name and Seal] [Attorney-in-fact] [Seal] Claire A Cavana A 141 Longwater Drive, Suite 203 Norwell, MA 02061 [Title] [Address] 781-681-6656 Attest: [Phone] Attest: r END OF PERFORMANCE BOND 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint George G Powers, Martin L Donovan, Timothy P Lyons, Claire A Cavanaugh, John C Driscoll,Dennis Driscoll,Tyler Martin, George N Powers,Individually of Norwell,MA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of July,2021. WESTERN SURETY COMPANY _a WtVOP '0 I 0` TIc A aul T.Bruflat,Vice President State of South Dakota ss County of Minnebaha I On this 9th day of July,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT !( MARY PUBLIC R N ( March 2,2026 SOUTH DA.a, M.Bent,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation x ..rated on the reverse here is still in force. In testimony whereof I have hereunto subscribed 7 my name and affixed the seal of the said corporation thi s Tay ofNd&11'nPff WESTERN SURETY COMPANY t.---A L.Nelson,Assiitkht Secretiiry� Form F4280-7-2012 Go to www.cnasuretv.com>Owner Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. mac® CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/1YYY) 10/31/2023 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 CONTAC NAME: Peggl BUckler The Driscoll Agency, Inc. PHONE FAX 141 Longwater Drive, Suite 203 (A/c.No.Exa 781-681-6656 sac No 781-421-2479 _.. ___ E-MAIL Norwell MA 02061 ADDRESS: pbuckler(t driscollagency.com INSURERS)AFFORDING COVERAGE NAIC# ....._.---- NS .. _. _.... INSURER A:..Berkley Assurance Co...- ._ - 39462 INSURED 217151 INSURER B Travelers Pro Case Co.of America 25674 NEL Corporation .-- �..... _...- -- _ 3 Ajootian Way, Building B INSURER. - - PO Box 929 INSURER D:The Phoenix Ins Co 25623 Middleton MA 01949 INSURER E Travelers IndemnitVCo of CT 25682 ........ --— - INSURER F: Starr Indemnity&Liability Co. 38318 COVERAGES CERTIFICATE NUMBER:943721706 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __.-..-- -....__... ....... ... ....._ INSR TYPE OF INSURANCE ADDLSUBR - --POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/D M D D X COMMERCIAL GENERAL LIABILITY DTCO2S125287PHX 614121123 614121124 EACH OCCURRENCE $1,000,000 ......... DAMA E RENTED ---- - ...... _..-- CLAIMS-MADE OCCUR PREMISES(Ea.occurrence- $300,000 X C ct II..la. _. - --._.................. - X MIN PERSONAL 8 ADV INJURY $1,000,000 _11 . .--------- ...._........... . GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY _X I JECT LOC PRODUCTS-COMP/OP AGG $2,000 000 OTHER: $ C AUTOMOBILE LIABILITY 8102S1254352326G 6/4/2023 6/4/2024 COMBINED SINGLE LIMIT $1,000,000 —. X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED - _ AUTOS ONLY __. AUTOS BODILY INJURY(Per acradent) $ - X HIRED -X NON-OWNED -PROPERTY DAMAGE $ AUTOS ONLY _- AUTOS ONLY „-.(_Per accsdent ..._ _- $ B UMBRELLA LIAB X OCCUR CUP2S1285292326 6/4/2023 6/4/2024 EACH OCCURRENCE $15,000 000 F -- EXCESS LIAB 1000584514231 6/4/2023 6/4/2024 X CLAIMS-MADE AGGRE TE $15,000 000 DID RETENTION$ $ E WORKERS COMPENSATION UB2S1250302326G 6/4/2023 6/4/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N ..................STATUTE.-,._ R E ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ..............---.__............. _._......-.....................................-- - ----... (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 Pollution Liability PCAB50223360623 6/4/2023 6/4/2024 Each Claim 2,000,000 Professional Liability Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project Location:384 Osgood St,North Andover,MA-Project:23-10-DPW Roof Restoration Town of North Andover are included as Additional Insured for Genera)Liability and Excess(Umbrella)Liability,for ongoing and completed operations,as required by a signed written contract or agreement With the Named Insured. Town of North Andover are included as Additional Insureds for Automobile Liability on a primary non-contributory basis for the conduct of the(Named)Insured, but only to the extent of that liability. Notice of Cancellation provision is 30 days except 10 days applies for non-payment of premium. 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 St 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 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the NEL Corporation held on 11/3/23 it was VOTED, THAT Michael J. Galasso President (Name) (Officer) of NEL Corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said NEL Corporation , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of NEL Corporation on its behalf by such officer under seal of NEL Corporation , shall be valid and binding upon NEL Corporation I hereby certify that I am the clerk of the above named NEL Corporation and that Michael J. Galasso is the duly elected officer as above of said NEL Corporation and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 11/3/23 jX__ (Date) (Clerk) Page 1 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. SignatuWAI L'� Date 11/3/23 Michael J. Galasso, President NEL Corporation Print Name & Title Company Name Page 1 CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Michael J. Galasso, President , authorized signatory for NEL Corporation 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. - 11/3/23 Signature Date Page 1 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. Signatu Date 11/3/23 Michael J. Galasso, President NEL Corporation Print Name & Title Company Name Page 1