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HomeMy WebLinkAboutContract #: 1722 - From: 07-01-2024 To: 06-30-2025 - Embree & White - Facilities CONTRACT NO. / �3- VENDOR NO. 25620 BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 4th day of April, 2024, by and between Embree & White, Inc. dba Embree Elevator a domestic profit corporation duly authorized by law and having a principal place of business at 227 Garfield Avenue, Woburn, Massachusetts 01801, 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 selected the CONTRACTOR from Massachusetts State Contract no.TRD 03. WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform the services requested by the TOWN; and WHEREAS, the TOWN has accepted the CONTRACTOR'S proposal subject to the conditions and agreements herein contained; NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The CONTRACTOR agrees that it will provide elevator inspections, repairs and maintenance as described in accordance with the Price Proposal, Request for Quotes. The Request for Quotes, the Commonwealth's Invitation for Bids, Specifications, required Certifications, Insurance Binders, and the Schedule of Minimum Wage Rates, are all incorporated herein and made a part of this CONTRACT. -2- The Contract Period will commence on July 1, 2024 and terminating June 30, 2025. Any extensions of time must be by written NOTICE per paragraph 23 from the TOWN, and are at the sole discretion of the TOWN. -3- 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. -4- 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. -5- 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. -6- 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. -7- 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 hereunderthe 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 -8- 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. -9- 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. -10- The CONTRACTOR agrees to comply with all the provisions of General Laws,Chapter 30B, 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 par to of the bid documents 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. -11- 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. -12- 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 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. -13- 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. -14- 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 Department Head overseeing the CONTRACT. -15- 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. -16- The undersigned certifies under penalties of perjury that the CONTRACTOR'S 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. -17- 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 under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -18- 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. -19- 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. -20- 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 bythe 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. -21- 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. -22- 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. -23- 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 FiP0R4T SE Bye -oC1 9 1973 :.�Zj Melissa Murphy-Rodrigues CliffeWd F. Washer, r Town Manager, North Andover Fed.I.D, or Social Security�44y,�r�r ►���`� 04-251484 APPROVED AS TO FORM- Ck ' m Christine P. O'Connor Depa nt Heac'[", Town Counsel K e W .a Town Act Date: �6L IL� Embree&White,Inc dba Embree Elevator PRICE PROPOSAL Est. Quantit Unit Price (per hour) Total Price Elevator technician 150 hours $ 252.00 $ 37,800.00 (regular business hours) Elevator technician 75 hours $ 317.00 $ 23,775.00 (non business hours) Materials and supplies $30,000 with mark-up io % $ 33,000.00 Yearly state inspection(price per elevator): ($ 1,282.00 Per Elevator x 14 Units) $ 17,948.00 (price to include elevator technician and state fee) If weight testing required (price per elevator): (Add$375.00 Per Elevator x 14 Units) $ 5,250.00 Quarterly preventative maintenance services (price per elevator):($165.00 Per Quarter $ 9,240.00 Per Elevator x 14 Units) TOTAL $ 127,013.00 Business Name Embree&White,Inc dba Embree Elevator Business Address 227 Garfield Ave. Woburn, MA 01801 Business Phone 781-937-0700 Fax Email Address cliff@embreeelevator.com Clifford F.Washer Name of Person Authorized to sign Price Proposal CFO/rreasurer Title of Person Authorized to sign Price Proposal Sig'na re of Above Person r. 1A Document A312 TM . 2010 PaymentBond Bond No. UCSX2X4834 CONTkACTOR: SURETY: Embree&White, Inc.dba Embree Elevator UNITED CASUALTY AND SURETY 227 Garfield Avenue INSURANCE COMPANY Woburn, MA 01801 233 Needham Street, Suite 440 Newton, MA 02464 OWNER: This docuntent has inipuriant legal Town Of North Andover consequences. Consultation with an 120 Main Street attorney is encouraged t%A respect to North Andover MA 01845 its completion or modification. Any singular reference to Contractor, CONSTRUCTION CONTRACT Sorely, Owner or other party shall he Date: considered plural whereapplicable. AlA Document A312-2010 combines Amount: $127.013.00 two separate bonds,a Pertbri-nance One Hundred Twenty seven Thousand Thirteen Dollars and ou/100 Bond and a Payment Bond,into one Description: (Name an(I location) lonn.This is not asin_0,e combined Elevator Inspections,Repairs,Maintenance Performance and Pavrnent Bond. Various Town Buildings BOND Date: 03/29/2024 (Nol edirlier Man Construction Contract Dole) Amount: $63,506.50 Sixty Three Thousand Five Hundred Six Doliars and 50,100 Modirications to this Bond: C�kfll `et e I I I f/"/ El See Section 16 %% .10 CONTRACTOR ASP I1N` • SURETY Company e '�-Colnpany: (Corporate Seal) Ernbreti&White, Inc. dlat bw CO:Z—LJNII'ED CASUALTY AND SURETY INSURANCE COMPANY 1973 % `fl1j,I* %%®� S i'-n.at tire e,' ze Signiture Washer Nat ie as-ler Name Deborah A. Holleran and Title: CFO/Treasurer and Title: Attorney-in-fact ('411J.additional Signatures appear on the last page ol'this Pei.-Ibrinance Bond.) (FOR L%'F01?,1L-J TI0A'0j%1-)'-A`ame, aclih-ess and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Macfarland Insurance Agency (Archifea Eiigiiieei-oi-olhc,)-I)Cll.l,l,:) 23 Orsini Drive Wakefield MA 01880 Init. AlA Document A3121"-2010,TheArnencan Institute ol'Architects. 5 §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duty tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. (nit. AIA Document A312"'—2010.The American Institute of Architects. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly fumish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all othcr items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Ink AIA Document A312T"—2010.The American Institute of Architects. 7 I §16.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parries, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that changes will not be obscured. Init. AIA Document A312"'-2010.The Amedcan Institute of Architects. 8 r UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company Bond No. UCSX2X4634 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety insurance Company,a corporation of the State of Nebraska,and US Casualtyand Surety Insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint, Robert F.Thomas,Justin D.Casey,Colleen A.Cochrane,Deborah A.Holleran,Stephen M.Welsh,Michelle L.Wilson Ruben Sarmiento,Molly Salazar,Laura Wallace its true and lawful Atto ey(s)»in-Fact,each in their separate capacity if more than one is named above,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 to Include riders,amendments,and consents of surety.This Power of Attorney shall expire without further action on December 3V,2025, This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the lu day of July,1993: Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attomeys-in-#`Wt of the Company,in Its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recolimitances,contracts of Indemnityl,waivers of citation and all other wrmrw obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by suchAttorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularlyelected Officers,of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney at special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation In the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of time Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 24t da of Janus 2024 UNITED CASUALTY AND SURETY INSURANCE COMPANY era rr µrrµ rtrsrov � xsu US Casualty and Surety Insurance Company 14, « p United Surety Insurance Company s SEAL —,z s sCAL « SBAC •� R.Kyle Fowler,"fr surer Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: n this 241th da of Janus 2024 „before me,Colleen A.Cochrane,a notary public,personally appeared,R. Kyle Fowler,Treasurer of United Casualty and Surety Insurance Comparrf,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the pe n(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. COLLEEN A.COCHRANE (Seal) NOWYo6 ftssachmM Notary Public Commission Expl • 0/27/2028 a 1Q12T12f)Y8 1,Robert Fe Thomas,President of United sue a Sure Insurance Company,US Casualty and Surety Insurance Company and United Surety 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; furthermore,the resolutions of the Board 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 Newton,Massachusetts this 29th day of March,2024 Corporate Seals44d J4v, f s : sera,sarsa .r; , « �je Robert F.Thomas,President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBONDLWUNITEDCASUALTV.COM DATE CERTIFICATE OF LIABILITY INSURANCE 3/29/2024DIYYYY) 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 ri hts to the certificate holder in lieu of such endorsements. PRODUCER CONTACT MACFARLAND INSURANCE AGENCY PHONE 617 846-3722 FAx 23 Orsini Drive E-MAIL KMACFAR gmal .com Wakefield, MA 01880 INSURER(Sl AFFORDING COVERAGE NAIC# GREAT AMERICAN INS CO 26832 INSURED EMBREE & WHITE, INC. INSURERB: LIBERTY MUTUAL INS CO 23043 227 GARFIELD AVE INSUgEgC, CONTINENTAL INDEMNITY CO 28258 WOBURN, MA 01801 INSURER D:ARBELLA PROTECTION 41360 (781) 937-0700 CENTURY SURETY MPANY 781 477-0666 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE El OCCUR $ 100,000 X BLANKET CONTRACT GLP132448905 5/1/2023 /1/2024 MEDEXP(Anyoneperson) $ 5,000 A Y Y PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY[D PRO-CT E3 LOC PRODUCTS-COMP/OPAGG $ 4,000,000 JE Rx OTHER Professional MAX AGGREG $10,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ tj 1,000,000 7 ANYAUTO 1020093061 2/11/2024 /11/2025 D AUTOS ONLY BODILYINJURY(Perperson) $ OWNED SCHEAUTOS Y Y DULED BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY X UMBRELLA LIAR X OCCUR 1000537172-02 5/1/2023 /1/2024 EACH OCCURRENCE $ 5,000,000 B EXCESS LIAR CLAIMS-MADE Y Y AGGREGATE $ RETENTION10,000,000 10 000 UMB FOLLOWS FORM WORKERS COMPENSATION X PER OSTATUTE T ANY PROPRIETOR/PAORIPARTNER/EXECUTIVE H- ANDEMPLOYEBILITY 374976500104 7/15/2023 E.L.EACH ACCIDENT $/15/2024 1,000,000 C OFFICER/MEMBER EXCLUDED? N NIA Y (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ r 000,000 If yes,describe underDESCRIPTION Of:OPE NS below F I DlqFASE-POLICY LIMIT S 110001000 E INLAND MARINE CCP852637 7/9/2023 /9/202425,000 LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attachedif more space is required) ADDITIONAL INSURED: TOWN OF NORTH ANDOVER CERTIFICATE HOLDER CANCELLATION Town of North Andover 12 Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE North Andover MA 01845 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED S TATIVE " ©1988-2015 ACO, )CJJ„/JJO-IARPP—�O TION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD