HomeMy WebLinkAboutContract #: 1729 - From: 05-08-2024 To: 08-16-2024 - BCM Controls - School CONTRACT NO. CZ _
VENDOR NO.
BUILDING CONSTRUCTION CONTRACT WITH NORTH ANDOVER PUBLIC SCHOOLS
THIS CONTRACT made and entered into this 2nd day of April,2024,by and between BCM Controls
Corporation,a domestic profit corporation duly authorized by law and having a principal place of
business at 30 Commerce Way, Woburn, Massachusetts 01801, hereinafter called
"CONTRACTOR",and the North Andover Public Schools("DISTRICT")located at 566 Main Street,
North Andover,in Essex County,Commonwealth of Massachusetts.
WHEREAS,the Contractor provided a quote for services based on the Security Package Request
for Proposal,dated January 29,2024,for the North Andover Middle School Project;and
WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to
perform such services for the DISTRICT,when requested by the Owner's ProjectManager;and
WHEREAS,the DISTRICT has accepted the CONTRACTOR'S offer.
NOW,THEREFORE,IT IS AGREED by and between the Parties as follows:
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The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor
required to fulfill the access control and security camera scope of work illustrated in the attached
Security Package RFP for the North Andover Middle School Project dated January 29, 2024,and
the BCM Controls Corp. proposal dated March 20, 2024, in strict accordance with the
Specifications,as directed by the Owner's Project Manager,during the period commencing upon
execution and terminating August 16, 2024, and will perform such work in a good workmanlike
manner.Time is of the essence for this Contract.All work shall be completed no later than August
16,2024.Any extensions of time must be in writing and are at the sole discretion of the DISTRICT.
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'The specifications, the proposals, all required Certifications, all insurance Binders, Payment
Bonds, 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.
Total payments under this CONTRACT shall not exceed Forty-eight thousand thirty-four and
00/01( 48,034.01)dollars.This Contract is expressly subject to and contingent upon an
appropriation of funds.
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The DISTRICT 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
DISTRICT may have against the CONTRACTOR for breach of this Contract.
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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.
The DISTRICT, 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 DISTRICT 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
DISTRICT may have against the CONTRACTOR for breach of this Contract.
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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 Owner's Project Manager.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.
2
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.
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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 DISTRICT; 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 thisagreement); and before commencement of work
hereunder the CONTRACTOR agrees to furnish the DISTRICT with certificate(s) of insurance or
other evidence satisfactory to the DISTRICT.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
DISTRICT 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 i
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
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It is further agreed by the CONTRACTOR that, in the event the DISTRICT is sued in a court of law
or equity,or demand is made upon the DISTRICT 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 DISTRICT 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 DISTRICT
of North Andover shall be individually or personally liable on any obligation of the DISTRICT under
this Contract.
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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.
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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 Owner's Project Manager 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 DISTRICT with the
information described in General Laws c.149, §27B.
-15-
4
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.
-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 underthis Contract without the written approval of the
DISTRICT.
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 DISTRICT 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 DISTRICT 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
DISTRICT and until the DISTRICT 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 Owner's Project
Manager overseeing the CONTRACT.
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It is further agreed that the DISTRICT 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 DISTRICT may also terminate this CONTRACT at any time for
cause.
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S
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.
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It is understood and agreed by the DISTRICT and the CONTRACTOR that a Contract Performance
Record Form must be completed on this contract by the Owner's Project or his designee who is
supervising this contract,and such Contract Performance Record Form must be submitted to the
DISTRICT Manager, DISTRICT 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.
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The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the
DISTRICT of North Andover have been paid in full.
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All fees for permits or licenses required for this project by the DISTRICT shall be waived,however,
fees for all other permits or licenses required for this project shall be an expense of the
CONTRACTOR.
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Notwithstanding anything in the Contract documents to the contrary,any and all payments which
the DISTRICT is required to make under this Contract shall be subject to appropriation or other
availability of funds by the DISTRICT Accountant. The DISTRICT may immediately terminate or
suspend this CONTRACT without liability on the part of the DISTRICT 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.
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This contract is only binding upon, and enforceable against the DISTRICT if: 1) the Contract is
signed by the Superintendent of Schools or his designee; 2)and endorsed with approval of Town
Counsel as to form.
At any time during normal business hours,and as often as the DISTRICT may deem it reasonably
necessary, there shall be available in the office of the CONTRACTOR for the purpose of audit,
6
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.
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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
otherthan 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.
-2 -
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 DISTRICT by being sent to the
Superintendent of Schools,566 Main Street,North Andover,Massachusetts 01845.
IN WITNESS WHEREOF,the CONTRACTORS and the said North Andover School Department 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: CONTRACTOR
gy r
GreggIll an Steve Feinberg-President
Superintendent of Schools Fed.I.D.or Social Security No.
04-2842193
APPROVED AS TO FORM:
Christine P.O'Connor Kyl ar '
Town Counsel Town Accountant
7
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: . :ZX4 - Date: 4/22/2024
Steve Feinberg-President BCM Controls Corporation
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b), I
Steve Feinberg BCM Controls Corporation
authorized signatory for
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 DISTRICT of North Andover, relating
to taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
4/22/2024
Signature Date
8
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the BCM Controls Corp. held on
1/4/2010 it was VOTED,THAT
Steve Feinberg President
(Name) (Officer)
of BCM Controls Corp. be and hereby is authorized to execute contracts and bonds in the
name and on behalf of said BCM Controls Corp. - and affix its corporate seal hereto; and
such execution of any contract or obligation in the name of BCM Controls Corp. on its
behalf by such officer under seal of BCM Controls.Corp- shall be valid and binding upon
BCM Controls Corp.
I hereby certify that I am the clerk of the above named BCM Controls Corp. and
that Steve Feinberg is the duly elected officer as above of said
BCM Controls Corp. and that the above vote has not been amended or rescinded and
-remains in full force and effect as the date of this contract.
4/22/2024
(Date) (Clerk)
9
Bond No. 9449141
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal slates and principal place of 6itsiness)
BCM Controls Corporation Fidelity and Deposit Company of Maryland
30 Commerce Way 1299 Zurich Way,5th Floor This document has Important legal
Schaumburg, IL 60196-1056 consequences.Consultation with
Woburn,MA 01801 Mailing Address for Notices an attorney is encouraged with
respect to its completion or
modification.
OWNER: Any singular reference to
(lrmtie,legal status and address) Contractor,Surety,Owner or
North Andover Public Schools other party shall be considered
plural where applicable.
566 Main Street
North Andover, MA 01845
CONSTRUCTION CONTRACT
Date: April 2,2024
Amount:$48,034.01 Forty Eight Thousand Thirty Four Dollars and 01/100
Description:
(Name and location)
i
SECURITY PACKAGE FOR THE NORTH ANDOVER MIDDLE SCHOOL PROJECT
BOND
Date: April 4,2024
(Not earlier than Construction Contract Date)
Amount:S 48,034.01 Forty Eight Thousand Thirty Four Dollars and 01/100
Modifications to this Bond: ® None Scc Scction 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Ca porate q�*11O1jun..r
C°n ,�
N
BCM Controls Corporation Fidelity and Deposit Company of MarY1 P..PFj..:y•
VV—V � �♦ oi
Signature: � SignatureY '7' �:
Name V+� F{-i t1 Y Name Adrianne Scalera
and'litle J and Title:
��e�` �� Attorney-in-Fact
(Any additional signatures appear on the last page of this Pciformance Bard)
(FOR 1XF0ZM4770N ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Alliant Insurance Services, Inc. (Architect,Engineerorotherparly)
50 Cardinal Dr.,Ste.202
Westfield, NJ 07090 .
908-301-4303
s-ts�uas also
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of
the Ownces notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owners right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice,
§6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§6.2 Undertake to perform and complete the Construction Contract itself through its agents or independent contractors;
§6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence,to be
secured with performance and payment Bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Ourtcr the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default;or
§6.4 Waive its right to perfarm and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owner,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5A,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
1
S-1852/AS 8/10
§7 If the Surety elects to act under Section 5.1,5.2 or 53,then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or
failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations,No right of action shall accrue on this
Bond to any person or entity other than.the Owner or its heirs,executors,administrators,successors and assigns.
§10 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.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
comcd working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.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.
§12 Notice to the Surety,the Owner oar the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§13 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 rs a common lawbond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§14.2 Construction Contract.the agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 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.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 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.
S-1852/AS 8/10
§IS Modifications to this bond are as follows:
i
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: n /� ((CCorporate Seal) Company: (Corporate Seal)
Signature:, Signature:
Name and Title: lame and Title:
Address �� Q} Address
S-1852/AS 8/10
CORPORATE ACKNOWLEDGMENT
State of
County of
On this day of _ �tlaN before me
personally came Pitt , to me known,
Nvho,being b e duly sworn, did depose d say that he/she resides in
that he/she is the of the
v� Is
the corporation described iri and which executed the above instrument;
that he/she lmows that seal of said corporation; that the seal affixed to
said instrument is such corporate seal.; that it i as so affixed by order of
the Board of Directors of said corporation, and that he/she signed
'His/her name i hereto by lime order.
(SEAL).
r
cATHERINf OZZARI
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires On
December 09,2027
CORPORATE ACKNOWLEDGMENT
Form 152
State of NEW JERSEY
County of UNION
On this /""' day of /Oki . 2024 before me
personally came ADRIANNE SCALERA , to me known,
who, being by me duly sworn, did depose and say that he/she resides in
SHREWSBURY,NEW JERSEY
that h /she is the ATTORN�Y-IN-FACT of the
�.(� F y and � epoS1 ���cN y' c��' a�.y�RNJ�
the corporation described in and which executed the above instrument;
that he/she knows that seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that he/she signed
his/her name thereto by like order.
(SEAL)
KATHLEEN M.CRISTIANO
Notery Public,State of New Jersey
My C*wission Expires 11/16/2028
THE FIDELITY AND DEPOSIT COW ANY
or MARYLAND
1299 Zurich Way Schaumbut&IT,60196
Statement of Financial Condition
As Of December 31,2023
ASSETS
Bonds............................................................................................................................................... $ 185,599,944
Stocks.............................................................................................................................................. 17,844,130
Cash and Short-Tenn Investments.................................................................................................. 16,050,471
ReinsuranceRecoverable................................................................................................................ 77,886,252
Federal Income Tax Rec ovetable..................................................................................................... 0
Other Accounts Receivalble............................................................................................................. 3,369,205
TOTAL ADMn-mASSETS........................................................................................................ $ 300,750,002
LIABILITIES,SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses............................. .... $ 480,301
....................................................................
Ceded Reinsurance Prenuurns Payable........................................................................................... 43,278,637
Remittances and Items Unallocated................................................................................................ 868
Payable to parents,subs and affiliates............................................................................................. 36,355,555
Securities Lending Collateral Liability............................................................................................ 0
ToTALUABmrrm.s................................................................... ........ $ 80,115,362
.....................
Capital Stock,Paid Up........................................................................................ $ 5,000,000
Surplus................................................................................................................. 220,634,640
Surplus as regards Policyrholders..................................................................................................... 220,654,640
TOTAL....................................................................................................................................... $ 300,750,002
Securities carried at$78,61-4,211 in the above statement are deposited with various states as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2023 would
be$289,024,276 and surphus as regards policyholders$208,908,914.
1,LAURA J.LAZARCZY:K,Corporate Secretary of the FIDELITY AND DEPosrr COMPANY Or MARYLAND,do hereby
certify that the foregoing statement is a correct exhibit of Qre assets and liabilities of the said Company on the 31st
day of December,2023,
Coi yotnle Secrefmy
State ofIllinois
City of Schaumburg } SS' +
Subscribed and sworn to,before rne,a Notmy Public ofthe State of Illinois,in the City of Schaumburg,this 15'day ofMarch,2024.
Normy Public
RYAN HORGAN
Official Seat
Notary Public-State of Illinois
My Commission Expires Dec ID,2024
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert
D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Kathleen
M.CRISTIANO,Adrianne SCALERA and John Dougherty HUNTER,all of Westfield,New Jersey,its true and lawful agent and Attorney-
in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the
execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents
and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the
By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of September,A.D.2021
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Rober7�D.Murray
Vice President
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BY Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 26th day of September,A.D_2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,
Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,dcposeth and saith,that
he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Genevieve M.Maison
GENEMEVE M.MAIiSON =�, °ueuc ?=
NOTARY PUBLIC
BALTIMORE COUNTY MD =; :otrz?;.;�y,•;
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Authenticity of this bond can be confirmed at boadvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attomeys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be:affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be,valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the III Oth day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 4th day of April 2024 ,
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By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
rcnortsfclaimsC zuri chna.conr
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790