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HomeMy WebLinkAboutContract #: 1921 - From: 11-21-2025 To: 12-31-2026 - Ardent Group, Inc. - WTP SE"C"rION 00520 CONSTRUCTION comR.Acr coN,rRACTNO, VINDORNO. BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH AND VEIL. THIS CONTRACT made and entered into flu�/day of. �202j�,by and between Ardent (3rouB In ,, a domestic profit corporation d�ii ving a principal place of y aw aiid ba business at 590 Sttrrtmer Street, Rock!g � 2 tt,hereinafter called"CONTRACTOR", and the TOWN of North Andover, ("TOWN') a municipal corporation dWy established by law and located at 120 Main Street, North Andover, in Essex Cowity,CornrnonweAth of Massachusems. WHERE;,AS,the TOWN issued its Invitation for the Sutton Hill Booster Pri Sty rovements project, and WHEREAS, the CONTRACTOR represents that it is dWy qualified in this field, and has agreed to perform such services for the TOWN,when requested by the Department Head or their designee-,and W1 IEREAS,the TOWN has accepted the CONTRACTOR'S offer. NOW, 114,13REFORE, IT IS AGREED by and between the Parties as follows. _1_ The CONTRACTOR agrees that it will furnish all the necessary equipirmat, twaterials, and labor required to Jjyj A in the TOWN, in strict accordance with the Specifications, as directed, by die Thep not Head, during the period coniniencing upon executioi.) and tenninating mid, will erform such work, in a good .......... 202k, P workmanlike mamier, 'T"ime is of the essence for this Contract, As per the terms of the Invitation, fbr Bids,the woik must be SUbstanfially completed within 360 calendai-dM.. 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, The Invitation for Bid,the Specifications,the Bid,Bid Dejx)sit,Payment Bond, Perfoniumce Bond,all required Certifications, all Insurance Binders, and the Schedule of Mirtu-nuni Wage Rates, as established by the Director of the Departinent of Labor Standardi in the Executive Office of Labor and Workforco Development, are incoq�korated l-wrein and made a part of is CONTRACT. ' own.of North Andover CONSTRI JC].,CON CON114AC117 Suam Hill BPS Imptovernews 00520-1 2,4008346 ..................................................................... -3- Total payments wider this CONTRACT'shall not exceed Five Hutdred and -1bree lbousand Dollars and Zero Cents($593,000,00)DOLL ARS, This Contract is expressly subject to and �o—ntirrg—ent upon an appropriation of fuids, 4 The TOWN agrees to use best efforts to pay for servim, within thirly (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 brmicli of this Contract, The CONTRACTOR agrees that no obligation shall be considered to have incurred wider this CONTRACTualess and until a purchase order shall have been duly issued and approved, And ftirther, that the obligation incurred shall be limited to die amount set forth in pm-chase order or purchase orders duly issued andiproved, -6- The TOWN, in consideration of the above COMMACTs on the part of the CONTRACTOR to be performed, agrees to pay to the CONIRACTOR the price set forth in Paragraph No�. 3 for all work 1XIliformed and the necessaty equipinent, tools, appliances and materials furnished. heretinder. The TOWN agrees to use best efforts to pay for services within fti-ty (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 paytnerif under this Contract shall not constitute or be deenied a Nvaiver, relinquishment, release, or abandonment of any cNim which the '110"may have against the CONTRACTOR for breach of this Contract. -7- I'lie work to be done under this CONTRACI including all the necessary labor, eq,uipment, tools, appliances and materials in connection therewith must, in all respects, notwitlistanding any provision bereiri 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 stwiding, 1"he CONTRACTOR certifies that perlbrinance under is Contract will meet ethical business staridards and good stewardship of taxtayer and public funding to prevent waste or abtuse, No laborer, workman or mechanic, working within the Commonwealdi, in the eniploy of the CONYRACTOR, or any subcontractor authorized under this COMIRACTshall, in cortnection, .With the work to be done under this CON-rRAcT, be required or rmluested to work more than eight (8) hours in any one (1) calendar day,or more thart forty-eight (48)hours in any one (1) week, except in cases of extraordinmy erriergmiq,, unless,otherwise provided by law. Town of North Andover ('ONSTRI JUTION CON7111RACT uam Hili BPS Improvoinaits 00520-2 24,008346 S 19, The CONTRACTOR shall at all times during the Contract maintain in ftill force and effect EmploYer's Liability, Worker's Compensation (MGL c.152), Public 1,iability, and Property Damage Insurance, including contractual liability coverage, All insurance shall be for policy limits acceptable to the TOWN" all required insunuice shall be certified by a duly authorized representative of the insurers on the "Mll.A" or "ACORD" Cernflcate of Insurance form (incorporated into and made a part of this agreernenf),, and before commencenient of work hereunder the CONTRACTOR agrees to furnish, the ,rOWN %ith cenificate(s) of insurance or other e-vidence satisfacton, to the TOWN. The certificates shall anititin the f6flouing express obligafionst "in the event of cancellation or material change in a polic,),, affecting the certificate holder,thirty (30)days prior written notice will be given the certificate holder. Where notice is not provided by CONTRA.CTORs insurer e notice 11 be prov die d by th ce wi i ed CONTRACTOR."The TOWN and ENGINEER,shall be earned as an additional insured under eadh policy or policies, except Workers' Compensation, Refer to the General Reqthreinents of the Contract (Section 00700) and the Sul)plerricnt General Requirements(Section 00800)for instiraiwe reqWrements, -to- It is ftather agreed t)y the CONTRACTOR that, in the event the TOWN is sued in a court aflaw or equity, or demand is made upon the 'TOWN :for payment of any damages arising out of the CONTRACTOR'S per on or non-performance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the T(MN against any and all claims arising out of the CONTRAC"TOR'S performance or non-perfortnance 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 or the '"T'OWN under this Contract The CONTRACTOR agrees that the cost of Liquidated Dam, ,%, Yes shall be a fixed amount of QNE THOUSAND FIVE HUNDRED and 00/100 DOLLARS 1$1500.00) for each consecutive calendar' day the CONTRACTOR is in default of the Time for Completion condition for this contract. -12- "Ibs Contract is Subject to all laws of the Commonwealth of Massachusetts, fed.eral, state and local, wWch are applicable to this Conrract or work with a public entity� and it is presumed that the CONTRACTOR is cognizant thereof' Any and all proceedirigs or actiom relating to the suNect matter herein shall be brought and maintained in the courts of die Cornmanwealth,which.shall Imve exclusi ve jurisdiction thereof This paragraph shall not be construed to limit any other legal rights of"the parties, 43- The CONTRACTOR agrees t® comply with all the provisions of Gene ri, Laws, Chapter 30, Sections 39M and 39N, and Chapter 149, Sections, 26 and 27, and all related sections, inclu ding wnendmenis To of North Andover CONSTRUCHON C'ONTRACT Sutton Hill BPS Intprovejumts 00520-3 24008346 ...................................— - thereto,in perforrrring all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenartts,tenris and condifions hereof as'diough all the pro-visions were specifically incorporated herein, and the provisions of the said sections shall apply even though thowmgh it may appear they are not applicable to the work-,of the type to be perk-med under this CONTRACT, The said CON-rRACTIOR. agrees to pay the Wage Scale, as established by the Director of the Department of Labor Standar&s in the Executive Office of Labor and Workforce Development, a copy of which is attached hereto and marked "W" and the CONTRAcrOR, further agrees that in the ever-it that there are to be employees of classifications other d=those specifically stated herein engaged in the work to be perrortned 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 1.49, Section 27, and die wnendinents, thereto. -14- The CONMACTOR will carry out the obligations of this Contract in full compliance widi all of the requirernaits irarx3sed by or pursuant to General Laws c.151, §I, et sego (Minimuin Wage La%%) and any executive orders, rules, regulations, and requirements of the Contnionwealth ofMassachusetis as they may from time to time be amended,. The CONTRAUOR will at all times comply with the wage rates as determined by. the Corrunissioner of the Department of" Labor and Ind-ustTies, under the proi4sions of General Laws c.149, §§26 to 27D (Prevailing Wage Law), as shall be in fora-, and as arriended, The CONTRACTOR will, -in addition to any other submissions rajuired by, the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the infomiation described in General Laws c.149, §2713al The CONMACTOR will carry out the obligations of this Contract in full compliance with all of the requirements inilx)sed by or pursuant to General Laws c.15 1 B (Law Against Discrimination)and any exeUltive orders,mules, regulations, and requirements of the Commonwealth of Massachusetts as they, may from time to time be arriended. The CONTRACTOR shall comply with all federal and state laws:,rules and regulations promoting fair eniploymetu practices or Prohibiting eniployment discrinu nation and wifair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be dernoted, discharged. or otheiiv�ise sufaject to discrimination in the tenure, position, promotional opportunities, Nvages, 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 b.y law, -16- The CONTRACTOR shall give its personal.attention constantly to the faithful perforinwice ofthe work-, and shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty orinterest under thds Contract widiout the written N)I)roval of the TOWN, Town of Nowth Andcwer C'ONSTRIAMON CONTRACT Sutton M19 BPS ImInovennents 00520-4 24008346 ............................................................................... Any subcontract entered into by -the COI FRACTORT for the purposes of fulfilling the obligations under this Contract must be in wrifing, authotized 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 ftorn 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 subcontraLl to which it is not a party,, 'This Contract shall not be in:force until the CONTRACTOR has executed and delivered to the TOWN and until the TOWN has accept�ed a Bid Deposit of Five (5%) Percent of the value of the total bid or sub-bid, Pa),rnent and in the arnount of One Hundred (1001%) percent of the contract price; Perfornmce Bond in the amount of One Hundred(100%) percent of the contract price.. The Payment Bond and Perfbrinance Bond shall be secured by and paid for by the CON'TRACTOR and shall be issued by a Surety Compaity satisfacton),to the DeparUnent Head overseeing the CONTRACT, -18- It is fialher agreed that the TOWN may tenninate this CON TRACTwithout cause, upon fourteen(14) drays" writteti 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 CONTRA('T at any time for cause. _19- The widersigned, certifies under penalties of per jury 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 are any natural person, business, partnership, corporation, amnion, conirrkittee, club or other organization, entity, or group of individuids. -20- It is understood and agreed by the'rOWN and the CONIRACTOR,that a Contra tet.Pe6brmance Record Form must be completed on this contract by. the Departrrient I lead or their designee who is supervising this contract,and such Contract Perft)rMance Record Forrn must be submitted to the"TO Man4ger, 1"'OWN Auditor, and Purchasing Agent prior to release of final payment under this contract. If requested by the CON TRAC"FOR a copy of the Contract Performance Record Form shall be furnished to the CONTRAC,rOlk, -21- The CONTRACTOR,certifies that any and all taxes and municipal fees due and owing to then.)WN of North Andover have been paid in full. -22- All fees for pernifts or licenses reqttired for this project by the J,OWN shall be waived,bowever, Fees for all other pernuts or licenses required for this prqject shall be an expense of the CONTR.ACTOR, -23- Town of Nordi Andover CONSIRLICTION CONTRACT Sutton Hill BPS linprovements 00520-5 24008.346 ............................................................................................................................ Notwi thstandirt,g anything in the Contract documents to the contrary, my and all payments whi ch the TO)AN is required to make wider this Contract, shall be subject to appropriation or other availabiliq, of farads by the TOWN Accouratuit, The TOV*rN may irnmediately terminate or suspend this CONTRACT'N)fithout liability on the part of the'FOWN for damages,penalties or other charges in the event the appropriation funding this CONTRAff is terminated or reduced to an aniount which will be insufficimt to support anticipated future obligations under this CONTRACT -24--, T'his Contract is only binding upon,and enfbrceabte against the TOW if: 1)the Contract is signed by ffieTOWN Manager or her designee,; 2)and endorsed with approval of TOWN Counsel as to form. ,At any time during nomial business hours,, and as often. as the TOWN may deem it reasonably necessary, there shall be available in the office of the CONnACTOR for the purpose of audit, exan,tination, and/or to make excerpts or transcript all records, contracts, invoices, niaterials, payrolls,, records of personnel, conditions of ernploy nient and other data relating to all matters covered by this Agreetrient, -25- This histruarent, together with its endorsed supplements, and the other components of the contract docurnents, constitutes the entire contract between the parties, with no agreements other than those incorliorated herein. Any Amendments to this Contract must be made in writing and executed I„ry 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 gh,ei'i 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 all be deemed to have been received at the time of actual service or three (3) bmsiness days after the date of a certified or registered rnajlinf; properly addressed. Notice to the CONTRACTOR shall be deemed sufficient if sent to the address set forth in the Contract and to the'["'OWN of North Andover by being sent to the TOWN Manager TOWN Hall, 120 Main Street,North Andover, Mwssachusetts 018.4-5. IN WITNESS WHEREOF,the CON17RACTORS and the said"TOWN OF NOR.'ni ANDOVER have hereto and to a duplicate and triplicate hereof. caused their corlmrate seals to be affixed and these presents, together with said duplicate and triplicate,to be signed in their name and b6halfby their duly authorized officers the day and year first above written. 'rown of North Andover (3ONSTRUCTION CON'ricAc"r Sutton Hill BPS Improvements 0052G 6 24008346 ............................ APPROVED- CONTRACTORS ................. By_,A Melissa Minphy-Rodrigues Town Manag,er, Norlh Andover Fed,I.D. or Social Seciu-ity No. 74 APPROVED AS TO FORM� TOWN OF NORTI IANDO'VER C hyi sty ne P, O'Connor own �TCounsel p en't—fle-ad ................... V..... Y, W, To6A ountant Tovat of North Andover CONSTRUCTION CONTRACT Sutkm Hill BPS Improvernants 00520-7 24008346 Attachment 3 Performance Bond (Section 00610) UCSX333X6278 EX)CUMENT00610 PERFORMANCE BONI) KNOW ALL BY THESE PRESENTS,, That we, Ardent Group, Inc. organized under the laws of the State of Massachusetts and having a usual place of business in 590 Sumrmr Stwk Roddand,IM 02370 as principal, and WOW C=Ay&W Su"Imumm o CoMmy g Yanized under the laws of the State of Nebraska r and , 3 CWWMBOOM,MA MM having a usual place of business inXr as surety, are holden and stand firmily la)und and obligated unto the "Town of North Andover as obligee, in the sum of Div e Hundred (k593,000,00 ) Dollars, lawful money of the Llhited States of America, to and for the true payment whcreof, we hereby bind ourselves, and each of us, our heirs, administrators, successors, and assigns, jointly and severally',firmly by these presents, WBEREAS, the said principal has, by means of a written agreement, dated 2025 1. entered into a contract with the said obligee for the ESOP-0490- Sutton Hill Booster Pump Station Improvements a copy of which agreement is attached her and by reference made a pad hereof NOW, THEREFORE, the conditions of this obligation is such that if the said principal shall well and truly keep and perform all the undertakings, covenants, agrectrienN, terms and conditions of said contract on this part to be kept and performed, during the original term. of said contract and any extensions thereof that may be granted by the Town of North Andover, Massachusetts with or without notice tote surety, and during the life of any guaranty required under the contract, and shall also well and truly keep and perforin all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions to said contract that may hereafter be made, notice to the surety of such modifications, alterations, chariges or additii,,)ns being hereby waived, then this obligation shall be null and void; otherwise it shall be and remain in full force,virtue and effect;. North Anclover, MA Sutton Ifill 11ps, 00610-1 24WH34(� ............... .......................................... In the event that the work under said contract is abandoned by the principal or is terminated by the Town of North Andover under the provisions of Sections of said Contract, said surety hereby further agrees that said surety shall, if requested in writing by the Town of North Andover take such action as is necessary to complete the work der said contract. And the said surety, for value receiv4 here stipulates and agrees that no change in, or extension of time, a,lteration, or addition to the terms of the contract or to the work to be performed thereunder, or to the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of tim,e,alteration or addition to the terms of the contract or to the work or to the Specifications. IN WITNESS WHEREOF,we have herewito set our hands and seals this—day of in the year 20,25 _1 Important: Attach herewith proof of authority of officers or agents to sign Bond. PRINCIPAL: SURETY: A 11 l�,1 nd lour ofu I n rdent Group, Inc. United 2%1 �3 I!: surance Company ('title)Mark D. Leskanic, Attorney-in-Fact END OF SI"ICTION 00610 North Andcrimp,NIA PFAR 111,"(WM AT14(�:111', RO�JD Sutton ifill W111% 00610-2 24008346 ................................ 11CSX333X6278 DOCUMENT00620 PAYMEN'T BOND KNOW ALL BY THESE PRESENTS, That we, Ardent Group, Inc. organized under the laws of the to of Massachusefts and having a usual place of business in 590&JMWW GbW,Raddffd,MA 02370 as -1 principal, and United Casualty and Surety Insurance Company organized under the laws of the to of M CMole"SUM,SU"U-12,BMW,MA 022 10 -Nebraska and having a usual place of business in , as stirety, are Widen and stand firmly bound unto the To of North, Andover as obligce, in the sum of Five Hundred Ninety-Three Thousand and 001100($ 593,000M Dollars lawful money of the United States of Anierica, to and for the true payment he A, we hereby bind ourselves,, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents,. WHERE AS, the said principal has, by means of a written agreement dated 21025 entered into a contract with the said obligee for the ESCP-0490 .- Sutton Hill Booster Pump Station Improvements a copy of which agreement is attached hereto and by reference made a part hereof NOW THEREFORE, The conditions of this obligation is such that if the principal 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 modific4trans, alterations, extensions of tirne, changes or additions being hereby waiv4 the foregoing to include any purposes of items set out in, and to be subject to, the provisions of Massachusetts General Laws Chapter 30 Section 39A and Chapter 149 Sevtion 29, then this obliption shall be null and void; otherwise itshall be and remain in full force, virtue and effect. Nonh Arvrjovcr, KAA 11A)"NIF'114T NOM Sution[lift 11P8 00620-1 24(K18346 ............................................... IN WITNESS WHEREOF,the above-bounded parties have hereunto set our hands and seals thCs_--day of in the year 20 25 Importaft. Attach herewith prmf of authority of officer,s or agents to sign Bond. PRINCIPAL-. SURETY: Arden! rcu � � c� United Casualty and Surety Insurance Company By:— (Tide)--y LtL-c-jr-4AA&h— (1,,itle)_Mark D. Leskanic, Aftorney-in-Fact END OF SECTION 00620 North Andover.MA, RAYMENTBOND Simon 111-101 B11S 00620-2 24008346 ............................ - mucs ......... 1333 POWER OF AITORNE"Y 7 KNOW ALL MENBY THESE PRESENTS:That United Casualty,and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance Company and United Saurerty Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Mark nk,Matthew Laskank,Caret Angel,Colin Warner, Lauren Leskank Its true and lawful Attorney(s)-in-Fact„each in their separate capacity if more than one Is named aboMFrith full power and authority hereby conferred in its name, place and steed,to mecute,acknowledge and delhrer arry and all bonds,recognizarinces,undertakings air other Instrumarits or contracts of ip to Include rlders6 amendments,and consents of so",providing the bondt exceed Five Million&00/100 Dollars 1 $S10001000.00 This Power of Attorney shall expire without further acts on entber MIT 3026, 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 reed ngt duiy called and held on tyre Ile day of July,199S, Resolved that that President,Tr m n°ma,or Secretary be and they are tweby arnuthotlred ond empowered to appoint Attorneys,in-Fact of the Company,in Gas name arxi as Its acts to execute and acknoarirdge for and on Its behalf as Surety any and all bonds,recognizances,contracts of locknonity,waivers of citation and all other vrrtttngs obligatoty in the nartum ttweig,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-Fact sWI to bhvJlng upon the Comininy as It they had been duly executed and acknowledged by the ragulady elected Officers of the Company In Asir own proper persons. That ft signabire of any offictir authorized by Resdutiom of this Board,and the Company seat may be affixed by facstrmile to oey power,of zatto ey or sgetdal power of attorrary or certification of either given for the execution of any bond,undertakiriC mcogninace or other written obligation In the nature thereof;stands simmtmure and iwal, when so used being hereby adopted by the Company as the original signature»of such of -and the original seal of the Company,to be valid and bindkv Upon the Cornpany witlw the same farce aasd effect as though manually affixed, IN WITNESS WHEREOF,the Companies have caused this Instrunneritto be signed and their coirlitoraft4vialsto blebeireu^mto affixed,this a'L. h da of lanuar a EOJ� UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety insurance Company Oµ Corporate Seals Kyle I "fir asturef Commonwealth of Massachusetts County of Suffolk ss: Su this Delta da of lama „S Ca ,. p p , ,,W bo tome an the basis of satis,factonp id and �. ,before me Colleen hr , ,art ry pubik, dd red, Yde Foartier,Treasurer off United Casual Sur iinsurance Company,US Casualty and Surety Insurance+Gotrr a Rcnti i3nitasd Surety instere dance to be the person whose manse is subscribed to the within fnstftfrrriturtand ackniseryliel4lied tq No that ale; the sarnit in his authorized capacity,and that by his signature on the instrument the person(s),or ,entity on bizh of,whichthe person(s) ad ;execgdod the 1rsyS fment. I certify under PENALTY OF PERiURY uruder the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true arid correct. WITNESS my hand and s, i, dL otRry Ptablic r. nrarls n E;xpires:t Y 7/'1 g l i„Robert F.Tbomas,President of United Casualty and.Surety Insurance Company,US Casualty and Surety insurance Company and United Surety insurance Compariy 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 lit the Power of Attorney are In full force and effect. In Witness Whereof,i have hereunto seat my hand and affixed the ssais of said Companies at Boston,Massachusetts this day of 2025 Corporate Seals dltl F, tta prudl,,. TO CONFIRM AXf E ry OfD115 DOWD OR DOCUM r T E A,C ONFM U TED U«ALTY.CO Attachment 5 Supplemental General Conditions (Section 00800 Pg.3-5) SEC"HON 00800 R.JPPLEMENTAL GENERAL REQUIREWENTS These Supplemental General Requirements amend and supplement Section 01001 Chrerall General Requirements and other provisions of the Contract Doctu-nents as indicated below, All provisions which are not specifically amended or supplemented hereby remain in full force and effect. PART2-AR, ARTICLE 1. DEFINITIONS AND'YERMINOLOGY SC4.01.A.13 Add the following langnAirge at the beginning of the definition entitled "Contract Documents" in the Overall General Requirernents,, Tlie Invitation to Bid,Instructions to Bidders SC-1.01.A.28 Add the folloA�Ning language to the definition entitled "Owner" in the Overall General Requiremenw 'Me "O,wnee' shall mean the Town of North Andover, Mamachusetts acting through the North Andover Public Works Department. SC-1.01 A.40 Dclete the definition o.f Substantial CompIction in the Overall General RequirCluents in its entirety and add the following in its place: The 'Work required by the Contract has been completed except for work having a 0xitract Price of less than one percent of the then adjusted,total contract price, or substantially all of the''Work has been completed and opened to Owner's me except for minor incompletz or unsatisfactory work items that do not materially irtipair the wsefulness of the Work requircd by the Contract, SC-1-01 A.49 Add the following del"inition,to the Overall General Requirements, ":"State"shall mean the Commonwealth of Massachusetts, Noyth Audover,MA SUITIT MENTAL 01�,'�IEIRA L RFICAJIREMENTS SUMin Hill BPS Iniprove-inionis 00800-1 24(111018346 ................. ARTICLE 2. PRELIMINARY MATTERS SC-2.05 Add the f(Alowing paragraphs immediately after paragraph 2.05.A,3 of the(hcrall Ckneral Requimineno which is to read as follows: 2.05.A.4 Before any work-at the %te is started, C(MTRACTOR shall deliver to OWNEK with a col))!to EN(ANEER, certificates of inswunce (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with the requirement.-,of Arficle 6. 2,0,,A.5 Contractor shall include and identify on the certificate of insurance, indemnification as required by Arficle 7.1& ARTICLE 3. DOCUMENTS: INTENT,REQUIRErNIENTS, REUSE SC-3.01 Add the f0flMing paragraphs immediately after paragraph 3,01,A of the Overall General Requirenients which is to read as follows: 3.0,AA Each and every. provision of law and clause required bylaw to be imserted in the Contract shall be dcaned to be inserted herein,mid the Contract shall be read and enforced as thou.0,i,they were included herein, If througli mistake or othenNise any such provision is not inserted, or is not correedy inserted, then upon the,application of either party,the Contract shall fortl-nwith be physically amended to make such ,insertion, 3.0.A.2 Sectioms of Division I General Requirements govern the execution of the work of all scefions of the sWcificafions. ARTI(AX 4. COMMENCEMENT AND PROGRESS OF THE WORK SC 4® Delete paragraph 4.01 in.its entirety and insen the following in its place: 4.01 The Contract Time-will commence to run on the day ijidicated in the Nonce to Proceed, SC4.03.A Add a new paragraph at the end of paragraph 4.01A of the Overall General Requirements which is to read as follou s; 41.01B ENGINFER.may check the lines,elevations,reference marks batter hoards,eu, set by CONTRACTOR, mid CONTI�A.CTOR shall corrcct any errors disclosed by such check, Such a check shall not be considered as approval of CONTRACTOR's work, and shall not relieve CONTRACTOR of the revonsibility for accurate, and satisilactoty construction and compiction of the entire Work-, CONTRACTOR shall ffirnish personnel to&%istENGINE.F11 in checking lines and grades," North Andower,MA S1�P PLEM F"KFA L O'ENE'RAL RF`Qj,HRFMFNTS Su mm 101 BPS Impro%ements NA00-2 24008346 .................. ___.......................................................................... ...... SC 4.04 Add the following paragraph after paragraph 4,04,A.2 of the Ovenill(kneral Requirements,, *'3. The CONTRAuORs resident superintcndent shall attend mondily progress nicefings at the site of the work with the E.NGINEER, and others as appropriate to review schedule status and such other perti actit subjects as may be listed on the agenda by the EN Cyl NEER-" ARTICLE 5. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.01 Add a new paragraph immediately after paragraph 5.01,A of the Overall (kneral RequirCTnents which is to read as follows', "'5.01-A.I If all lands and rip fts-of-way are not obtained as herein contemplated before construction Wgins, CONTRAcrOR, shall be 6in, -te W, d ork- upon such land and rights-of-way as OWNER has previously acquired and no claim for dmiiagcs whatsoever will be allowed by reason of the delay in o Vrc d e joincd ftoin btaining the remaining lands an d fights-of-way, Should OWNER be rx-c nte or a proceeding with the Work, or from authorizing its prosecution, either before or after the cornnicncenient, by reason of any litigation, or by reason of its inability to procure any lands or rights-of-Nvay for the Work, CSC NTRA("TOR shall not be entitled to make or assert claim for darnage try reason of said delay, or to withdraw, from the Agreement except by consent of OWNER. Time for compiction of the Work will be extended as l)rovided in Article 1,1, to such dme as OWNER determines ivill compensate for the time lost by such delay."" SC-5.04 Add a new paragraph inimcdiately after paragraph 5.04,1)of the Overall Ckneral Requiremews which is to read as Wlowsw "5.04.13 ALOju lCntS reSJJ'fiu8 from actual subsurfacc or latent physical conditions from those indicated will be in accordance with Massachusetts General Law, Chapter 30, Section 39N and the applicable jx-o'visions of the Contract Docuinews." ARTICLE 6. BONDS AND INSURANCE SC-0.02 Add a new paragraph inunediately after paragraph 6.02J of the Overall General Requirements which is to read as follows: "A- If OWNER has any objection to the caverage afforded by or, other 'provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article 6 on the basis of its not complying with the Contract Documents, OWNER will notif , CONTRACTOR in writing dicreof within thirty days of the to of dclivery of such certificates to Nnnl� Andcnre,u'MA SUPPLEMENTAL OPNERAL R[A)UIREMENTS ..................................................................................... OWNER in accordwice with paragraph 2.0l.B CONTRACTOR will provide such addiflonal infor rats on in respect of insurance provided by frim as OWNER may reasonably requcst." SC-6.03 The hmits of liability for the insurance requircd by paragraph 6,03 of the Overall Gcneral RequirernetiLs shall pro vi& the follouing coverages for not Icss than the following arnounts or greater where required by Laws and ReLpilation& 6.03,,A Workers Compensation. (1) Wcvk,ces Cornpe-Tisation $1,00oow (2) Employcr's Liabilit�y $1,000,000 6.03.13 and 6.03.0 C,ompretwnsive General Liabifity including Operations/Prerni.ws, Contractcmls Protective, Products/Cmupleted Operations,and personal InJury liabifiries: (1) Bo&ly'injury $11,000,,000 Each occurrence $3,000,000 Annual aggregate (2) Property damage, including explosion, collaixse $1,000,000 Each occurrence and underground coverago: $3,000,,000 Annual aggivgatc Pro pert.y damage liability insurance shall provide coverage for property in the care, cusWy and control of the insured. (3) Personal iniiify, wiffi eniplcr)rnicnt exclusion $3,000,000 Annual aggregate. delete& The Contractual Liabilily, required by paragraph 6.03.0 of the Ovcrall General Requirements shall pin.vide coverage For not less than the fbllm in arnoutils- (l) BMily,in' $2,000,000 Ewh occurrence 9KY, $3,000,000 Annual aggregate (2) Propefty clam ge, including explosion, collapse $1,(X)(),000 Each occurrence and undergintind coverage: $3,000,(X)O Annual aggregate (3) Gencral Aggregatf, $2,000,000 6,03.D Com1welwnsive Automobile Uabilit;)�including owried,hired and non-owned vclucle& (1) J.WlVr ifjjtrry $]!,00(),(X)O Each penmn $],()00,(X)01 Each accidew (2) Property dainage $1,000,(X)() Each occurrence Morrh Andover,MA Sk HIP LE'NIEN1 A L OENFRAL R,EQU 54 1"MENTS SuRcon Ifill MIS Improvemonts ;N P SOO 4 2,1008346 ........ ........... SC-6.04 Dew aragraph 6.04 of the Overall General Requirern,ents in its entircq� and insert the following in. its 6.04A. COMULACTOR shall purchase and maintain a selmrate Owner's Protective Liability poliqy', issucd to OWNER at., the expen,%- of CONTRACTOR, including OWNER and ENGINEER as named insured. This insurance shall provide coverage for not less than the following arnounts: 6.04A I Bodily lnjunr; Each Occurrence $l,()00,0(x) 6.04,A,2 Property Damage: Each OccinTence S1,000,0oo Annual A99mgatc $1,000,0100 SC-6.05 T. Paragrapt), 6.05A of the Overall (kneral Recittirments in its enfireq, and in.sert the ('61lowing in its place: "& CONTRACTOR shall purchase and maintain, until Tonal payment, property imsurance upon the Work at the site in an arnount equal to the total bid price for the completed construction. This nisurance shall include the interests of OWNER, CONTRACTOR, Siibcontractors, ENGINEER and ENGINEER's consultants in the Work, shall in.,wre against the perils of fire and extcndcd coverage, shall include "all risk" insurance for physical loss and damage, including d-ieft, vandalism and malicious mischief,collapse and water damage, and all include daxnages,losses and expcnses rising out of or resulting from any insured loss or inCluTed in the repair or replaccinent of any insured property (including but not limited to fees and charges of(nigincers, architects, attorneys and other professionals), This insurance shall be 1vo-vided on the completed value form. If not covered under the "all risk" insurance or otherwise provided in ffiese Supplemental General Requiternents, CONTRACTOR shall purchase and niaintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to tx-,included in an Application for Payment," Delete Paragraph 6,053 o.f the Overall General Reqpirements in its entirety and insert the folknving in its pla= M. All the Imlicies of insurance (or the ceilificates or other evidencc dicreof) requim.-d to be purchased and maintained by CONTRACTOR in accordance with paragrapbs 6.05 will contain a provision or endorsement that the Co-Veyage aftbrded will not be canceled or materially changed or renewal refused until at least thirty dAys' prior written notice has been given to OWNER by cerfified mail and will contain waiver provisions in accordance with paragraph 6.06.B." SG6.07 Delete paragraph 6.07.A of the Overall General Requirements in its entirety, hlonh Atidavo,MA 4aENFRU10,RFQU1RF,'1MFN 9 8 Sunon trill 13119 frivroveninents 008001-5 24008346 ..........................— Delete parapjaph 6.07B of the()verall General Requiremcnis in its enfircky, EXlete oragraph 6.07,C of the.Overall General Requ4Vnicsets in its entirety, ARTICLE 7. CONTRACTOR'S RESPONSIBILITIES S -7® Add the following new paragraph as fbllows; "'706J.I OWNER.or ENGlNEl-.`,R may furnish to any such Subcontractor, Supplicr, or other person or organization, to die extent practicable, infon ratio n about amounts paid to CONTRACTOR in accordance yvith CONTRACT OR's Applications for Payment on account of the particular SuIxontractor"s, Suppliers, other person's,or other orgaiiization's Work."' SC-7.06 Add the following laribnoage at the begirming of paragraph 7.061 of the Overall General Requirements- "F.xccpt as olknvise rcquircdby Massachmsetts General Law,Cimpter 149, Section 44F," SC-7.09 Add the Following language at the end of paragraph 7.09.,A of the Overall General Rcquircnicnts,; `1.09.A.I The materials and supplies to be used. in the Work, under this Contract are exempt from the Sales and Use Tax of the Commonwealth of Massachu.wtts. Contractor shall obtain the proper certificates, maintain the necessa�ry records, and otherwise comp with all applicable requirements governing,the exemption from sales tax. SC -7.16 Add the following new paragraph iininediately after paragraph 7.16.E of the Overall General Requiremeno, which is to read as follows- "I.16Y The accuracy of all such information submitted by the Contractor is the responsibility of the ('01-itractor, In mviewin, Shop Drawings, Samples, and surnlar subrnittals:,the Engineer shall be entitled to rely upon the Contractor's representation that such inforrnati(xi is coffect and acctwatc,'(Kr& Include the following for all Projects) ARTICLE 8. OTIJER WORK AT THE SITE SC-8.03 Delete paragraph 8.03.D of die(Xerall General Requircnicnis in its entirety,and insert die following in its place, Nuith Andover,MA SUPPLEMENI AL 01"11JERAL Rt�'QMREMENTS Sutton I fill MIS lawpullivarnent's 00800-16 24(1108346 ............................................................. "8.0,11) Stiould CONTRACTOR cause dfurtage to the work or property of any separate contractor at the site,or should any claim arising out of CONTRACTOR'S perfonnance of the Work.at the site be made by any separate contractor against CON,rRACTOR, OWNER, F.M.11NEER, ENGWEER'S Consultants, or any other person, CONTRACTOR shall promptly atlempt to settle with such other contractor, I:W agreernent, or to othenvise resolve the dispute by wbitration or at law. CONTRACTOR shall, to the fullest exient permitted IN Laws and Regulations, indemnify and hold OWNER,, ENGINEER, and ENGINEER'S Consultanits, ha. less from and agaim9t all claims, damages, losses, and expenses (including, but not limited tD, fees of tniginecrs, architects, attorneys, and other professionals, and court and arbitration costs) arising directly, indirecllr , or consequentially out of any action, legal or equitab1c, brought I:W array separate contractor, against OWNER, ENGINEER, or ENCYINEEWS ConsultanLs, to the extent based on a claim arising out of""the CONTRAcrows,performance of the Wr ork. Should a separate contractor cause darnage to the Work or property of CONTR-ACTOR or should the perfonnance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute alky action, legal or equitable, against OWNER, ENGINEER, or ENGINEER'S Consultants or permit any acti(xi against any of than to be maintained and continued in its name or for its benefit in an),, court or lkfore any arbiter which is to iinpose liability on or to recover damages from OWNER, 13NGINEER, or ENGINEER'S Consultants, urns to darnagc or claim, If CONTRACTOR, is delayed at any, time in perfonning or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to aby'ree to the extent of any adjustment in Contract Times auributable thereto, CONTRACTOR may make a claim for an extension of tie cs in accordance with Article 12.02. An extension of the Contract Times shall be CONTRACTOR'S exclusive remedy with redact to OWNER., ENGINEER, and ENGINEEWS Consultants, for any delay, disruption, interference or hindrance caused Iy any separate contractor. This paragraph does not prevent recovery from OWNER, ENGINEER,or ENGINEER!S Consultant,for activitics that mr.their respcctim responsibilifics." ARI I ICLE 9. OWNER'S RESPONSIBILITIES SC-9.06 Delete pararp,raph 9.06 of the Ovcrall General RequiremeoiLs in its entirety, TIC LE 10. ENGINEER'S STATUS DURING CONST'R,UCIrION SCI-10.01 Add a new pwagraph 10.01,13 after paragraph 10.01.A of the Overall General Requirements,which is to read as fbllolvs� "B. Nothing contained in the Contract Documents shall be construed to create a contractual relationslup of wry kind (1) between the ENGINEER and CONTRACTOR, (2) between the OWNER and a Subcontractor or Subcontractors,or()between any person or entities other than the OWNER and CON"FRAC70R. The EMIT EER shall, however, be entitled to liciformame i F 1)MENTS intended to facilitate and enforcement of obligat oms under the CON RAcr DM perlbrinance of the ENGWEER'S duties." S(7-10.03 Add a new pan,V� aph immediately after paragraph 10,03,A of the Overall General Requirements as follows: Mcith Andovcr,MA SUPPLUNE,'NIAL GENE,KAL RF(,,)U11tFMENTS Sulton Hill lips Irn1wavvinalts 24CM346 ................................................................... ... "10,03,13 ENGINEERgill ffirnish, a Reside nt Project,Representative and assistants to assist ENGINEER in observing the performance of the Work, The duties and ress.ponsibilities of, the Resident Ptoject Representativc will be as enumc rat ed in a document entitled"Duties, Responsibilities, and Limitations of the Authority of Resident, Project Representative" and will be made available to CONTRACTOR at the start of,his work," ARTICLE I I. AMENDING THE CON TRAC'I'DOCUMENTS; CHANGES IN THE WORK SC-11.02 Add a new paragraph irnme(fiately after paragraph 11,02,A of,the Ovcrall General Rcqtr rcnienls. 'Which is to read as follows: "11.02,AJ U"NGINEER'S interImetations, will be made in accordancc with Massachusetts General Law, Chapter 30, Section 39P."' SC-11.02 Add the following new paragraph immediately after paragraph 11,02.A of the Overall General Requirements,which is to read as follows: ",11,02.B Upon request of the Owner or Ern inter"the Contractor shall xvithout cost to the Owner submit to the Engineer,in such form as the Engineer may requtre, an accurate written estimate of the cost of any such proposed extra Work or change, The estimate shall indicate the quantity and unit cost of each item of xnatej°ials, and the number of hours of work and houity rate For each class of labor, as well as the description mid arnounts of all other costs chargeable under the terms of this Article. Unit labor,costs for the installation of each item of materials shall be shown if required by the Engineer, 'I lie Contractor shall promptly revise and resubmit such estimate if the Iingineer deten nines that it is not in comolim,ce with the requirements of this Article, or that it contains errors of facts or madiernatical errors, If required Iw the Engineer, in order to establish the exact cost of now Woik added or, previously required Work ornitted, the Contractor shall obtain and fumish to the linginecr bona fide Proposals from. recognized suppliers for furnis"ri �y material included in such Work, and shall be fumished at Contractor"s 'expense. The Contractor shall state in the estimate any extension of time re(ptired for the conipiclion of the or if the change or extra work is onlered." ARTICLE 12. Cl.,AIMS SC-12.01 Add a new paragraph inuncdiatcly after,paragraph 12.01.D.1 of the Overall General Rcqui m-ments to mad as follows: "12,01.D.La CONTRACTOR shall carry on the Woric and maintain the progress schedule during the dispute resolution proceedings unless otherwise agreed in writing by OWNER and CONTRACTOR." ARTIC�LE 13. (,'OST OF THE WORK; ALLOWANCES; UNIT PRICE WORK Mii)rth Andovet,MA SUPPLEMENTAL(014ERAL YE(,)U1REN4E1fl'S %Ikton Hill B11S, [Millovenletiti 008001-8 24008146 .................. S(l"'-13.01 Add the following to the end of paragraph 13.01.B of the Overall General Requirements to read as follows; "Following the Notice of Award and prior to the execution of the AGREEMENT the OWNER, prosWctive contractor and,if any,each prospective filed subbid contractor shall agree on what percentage M arkup shall be used as direct labor costs in deten,nination of c:�tra work costs." In tlic.second sentence of paragraph 13.013.1. delete the word"superintendents". SC-13.02 Delete paragraph 13.02 of the Cherall General Requirements in its enhirety, ARTICLE 15. PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC-1 5.01 Add new paragraphs i mmm diately after paragraph 15.0 L&I of the Overall Gencral Requirements to read as follows,, '15w013.La Only the following ite.nis of material and cqyilnncnt will be acccptcd for dclim t th say c i a te or at a local bonded, warehouse and included in progress estimates in advance of actual reqttircment, sukiect to all conditions stated beloxv, 15,013.Lb Materials and equipment listed above will not, be included in progress estin'lates until the requirements stated herein have Ixen fulfillcd, 15,01.131.c TIx, Untractor must present an invoice to the Engineer fbr each item of material or equip,nent he is requesting payme rent fior, "rhe invoice must be; broken down to show the cosis fbr the actual equipment, and reasonable costs for O&M Manuals, spare puts, start-up certification, ti-aining, testing, Fmal acceptwice testing,and aiRy,other sm1ces required by Contract. 15.01,B.I d Sufficient monies have becn allocated in the payment requisition line items to cover all of' the costs listed in"a" above,plus the costs of physically installing the equilinient, 15.0l.B.Le 'The equipment has been submitted and approved for use in this Proiect, 15,01.B.Lf 'I"he Contractor has, at the time of delivery, V)vcn the Engineer writte-n notice of tbe delivery using the form provided by the Engineer, 15.01,B.I,g The equipment is acceptably stored and prow-cled. Storage in a bonded AvarehoUse will require proof of 1xinding,and insurance coverage specifically, for the item being stored. 15,01.13.Lh The manufacturer's short arid/or long tzrm storage requirements have been received by the E,ngineer,prior to payment, North Anckivrer,MA Sutton Hill MIS Impovenorutts 00W110-9 24008346 15M.B.Li "M Contractor has established. a program to inn p'lei ticnt the manufaclurer's required storage proctAirros, Said Ivograin to consist of at the -Ycry least a written schedule of daily, weekly, inont1fly, routine maintenance reqyimnients for each piece of equipment, A copy of this schedule to be presented to the Engineer prior to each requisition submittal, signed by the Contractor, stating that the required maintcriancc has been performed. 15,01.B.Ij Signed, notarized ,ritle Transfers, forinat to be furnished by the Faigincer, must be furnished for each item of equipment, 15.01 B.Lk When the above have been complied %rith to the satisfaction of the Engineer, payinent will be authofizzd for the full invoice values of the item of equiptnent less normal retainage and less all costs for O&M Mmivals, spare parts, start-up certification, training, testing, final acceptance tcstirig, and installation.." EX-lete,Ixtragraph 15.013.3 and insert the follow ing in its place; "15.01B.3. Retainage with respect to progress payments will be five percent or,if stipulated,the maximurn allowed by law." ARTICLE 18. MISCELLANEOUS SC-18.08 18.08 Headings: Delete,paragraph 18,08,A and mplace with the following paragraplu "I 8,08,A The beadings or,tides of wiy article,paragraph, subparagraph,section, subscetion,or part of the Contract Documents shall.not be dectried to limit or restrict the mucle,paTagrapli,section,or part," 18.09 Legal Address of Contractor Add the,following paragraph inimediately after section 18.0& "18,09.A CONTRACTOR'S business address and his office at or near the site of the Work are both hereby designated as placcs to which communications shall be delivered. The depmiting of any letter, notice, or other communication in a postpaid wrapper directed to the CONTRACTOR'S btisiness address in a post of box regularly maintained by the Post Office Dcp arts nent or the delivery at either designated address of any letter, notice, or other coijununication by mail or otherwise shall be deenied sufficient service thereof upon CONTRAC"FOR, and the date of suchservicc shall be the date of reccipt, The flist-narned address may be changed at arty time by an instrument in writing, e.xecuted and acknowledged 1)), CONTRACTOR and delivered, to ENGINEER, Service of y notice, letter, or other communication upon the CON,rRACTOR personally shall likewise be deemed sufficient,service." END OF SECTION 00800 North kn&)veii,MA REQUIREMEhrl's Sunon Hill 13PS Imprall'arin"As 00860 10 24008346