Loading...
HomeMy WebLinkAboutContract #: 1958 - From: 04-02-2026 To: 08-31-2026 - Enterprise Equipment Co., Inc. - School CONTRACT NO. 9 VENDOR NO. 26392 BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 23`d day of March, 2026, by and between Enterprise Equipment Co., Inc., a domestic profit corporation duly authorized by law and having a principal place of business at 276 Libbey Parkway, Weymouth, Massachusetts 02189, hereinafter called "CONTRACTOR", and the Town of North Andover Public School District ("TOWN") a municipal corporation duly established by law and located at 566 Main Street, North Andover, in Essex County, Commonwealth of Massachusetts. WHEREAS, the TOWN issued its invitation for boiler replacement at the Thomson Elementary School; and WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN, when requested by the Department Head or his designee; and WHEREAS,the TOWN has accepted the CONTRACTOR'S offer. NOW, THEREFORE, IT 15 AGREED by and between the Parties as follows: -1- The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor required to replace the boiler at the Thomson Elementary School in the TOWN, in strict accordance with the Specifications, as directed by the Department Head, during the period commencing upon execution and terminating August 31, 2026, and will perform such work in a good workmanlike manner.Time is of the essence for this Contract. Any extensions of time must be in writing and are at the sole discretion of the TOWN. -2- The Invitation for Bid,the Specifications,the Bid,Bid Deposit, Payment Bond, Performance Bond, all required Certifications, all Insurance Binders, and the Schedule of Minimum Wage Rates, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, are incorporated herein and made a part of this CONTRACT. -3- Total payments under this CONTRACT shall not exceed One Hundred Eighty-eight Thousand five hundred thirty and 00/100($188,530.00) Dollars.This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract. -5- The CONTRACTOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- The TOWN, in consideration of the above CONTRACTS on the part of the CONTRACTOR to be performed, agrees to pay to the CONTRACTOR the price set forth in Paragraph No. 3 for all work performed and the necessary equipment, tools, appliances and materials furnished hereunder. The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract. -7- The work to be done under this CONTRACT, including all the necessary labor, equipment, tools, appliances and materials in connection therewith must, in all respects, notwithstanding any provision herein to the contrary or inconsistent therewith, meet with the approval of the contracting Department Head. The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing. The CONTRACTOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. 2 -8- No laborer, workman or mechanic, working within the Commonwealth, in the employ of the CONTRACTOR, or any subcontractor authorized under this CONTRACT shall, in connection with the work to be done under this CONTRACT, be required or requested to work more than eight (8) hours in any one (1) calendar day, or more than forty-eight (48) hours in any one (1) week, except in cases of extraordinary emergency, unless otherwise provided by law. -9- The CONTRACTOR shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN; all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencement of work hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s)of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR." The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. For the purpose of the Contract,the CONTRACTOR shall carry the following types of insurance in at least the limits specified below. Workers' Compensation—the required statutory amount Employer's Liability—$1,00,000 General Liability with liability coverage for personal injury, bodily injury and property damage, including Products and Completed Operations — $1,000,000 per occurrence/$3,000,000 aggregate Automobile Bodily Injury&Property Damage Liability—$1,000,000 combined single limit for each accident. Excess Umbrella Liability—$5,000,000 for each occurrence -10- It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the CONTRACTOR'S performance or non-performance of the CONTRACT. 3 To the full extent permitted by law, no official, employee, agent or representative of the TOWN of North Andover shall be individually or personally liable on any obligation of the TOWN under this Contract. -11- The CONTRACTOR agrees that the cost of Liquidated Damages shall be a fixed amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00) for each consecutive calendar day the CONTRACTOR is in default of the Time for Completion condition for this contract. -12- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the CONTRACTOR is cognizant thereof.Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. -13- The CONTRACTOR agrees to comply with all the provisions of General Laws,Chapter 30,Sections 39M and 39N, and Chapter 149, Sections 26 and 27, and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein, and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. The said CONTRACTOR agrees to pay the Wage Scale, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, a copy of which is attached hereto and marked "D" and the CONTRACTOR further agrees that, in the event that there are to be employees of classifications other than those specifically stated herein engaged in the work to be performed under this CONTRACT,to submit a list of the additional classifications of those to be employed to the Department Head involved in this project, and the said CONTRACTOR agrees that it will pay the Schedule of Wages, as determined by the said Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, under the provisions of General Laws, Chapter 149, Section 27, and the amendments thereto. -14- The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of 4 Massachusetts as they may from time to time be amended. The CONTRACTOR will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c.149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The CONTRACTOR will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the information described in General Laws c.149, §27B. -15- The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.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 under this Contract without the written approval of the TOWN. Any subcontract entered into by the CONTRACTOR for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the TOWN and shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the CONTRACTOR from any duty,obligation, responsibility or liability arising under this Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. -17- This Contract shall not be in force until the CONTRACTOR has executed and delivered to the TOWN and until the TOWN has accepted a Bid Deposit of Five (5%) Percent of the value of the total bid or sub-bid; Payment Bond in the amount of One Hundred(100%)percent of the contract price; Performance Bond in the amount of One Hundred (100%) percent of the contract price. The Payment Bond and Performance Bond shall be secured by and paid for by the CONTRACTOR 5 and shall be issued by a Surety Company satisfactory to the Department Head overseeing the CONTRACT. -18- It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen (14) days' written notice to the other party, sent by certified mail, to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause. -19- The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. -20- It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager, TOWN Auditor, and Purchasing Agent prior to release of final payment under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -21- The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -22- All fees for permits or licenses required for this project by the TOWN shall be waived, however, fees for all other permits or licenses required for this project shall be an expense of the CONTRACTOR. -23- Notwithstanding anything in the Contract documents to the contrary,any and all payments which the TOWN is required to make under this Contract shall be subject to appropriation or other availability of funds by the TOWN Accountant.The TOWN may immediately terminate or suspend this CONTRACT without liability on the part of the TOWN for damages, penalties or other charges in the event the appropriation funding this CONTRACT is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this CONTRACT. 6 -24- This contract is only binding upon, and enforceable against the TOWN if: 1)the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form. At any time during normal business hours, and as often as the TOWN may deem it reasonably necessary, there shall be available in the office of the CONTRACTOR for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -25- This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment. -26- Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the CONTRACTOR shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN of North Andover by being sent to the TOWN Manager,TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845. 7 IN WITNESS WHEREOF,the CONTRACTORS and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. U1PIy�N APPROVED: CONTRACTORS `��� ... T Y. Pamela Lathrop Superintendent �4'�resldent ''�i, �"` ACV03 North Andover Public School Distric Enterprise Equipment Co, Inc. APPROVED AS TO FORM: (�6 i ; Y 0 Christine P. O'Connor Steph4 Foster, Facilities Director Town Counsel Kyle ar To Actntant Date: \ _ 8 CQ p®® DATE(M /YYYY) I4 CERTIFICATE OF LIABILITY INSURANCE 3/23/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: n the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder In lieu of such endorsements. PRODUCER _....NA Stacey May„ ,.geloThe Driscoll Agency FE-MAIL ONE 761-&81-6656 c eto),71-6131 868& 11 Longwater rive,Suite 03 Norwell MA 0061 DRE smastrangeloldriscollagency.com_n INSUREA(s)AFFOADING COVERAOE NAIL# INSURER A:Travelers Prop.Cas.Co.of America 25674 INSURED .... 306 INSURER a:American Guarani $Liab Ins.Co. � 26247 Enterprise EquipmentCo.,Inc, - 276 Libbey Parkway INSURER c,e_The Phoenix Ins Co 25623 East Weymouth MA 02189 INSURER®,Travelers Indemngg9mpany 9f CT INSURER E:AIM Mutual Ins Co INSURER E: Berkl2X Assurance Cc 39462 COVERAGES CERTIFICATE NUMBER:298034724 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. im Lq� TYPE OF INSURANCE AD L POLICY NUMBER �_.._. LICY EFF POLICY EXP LIMITS C X COMMERCIAL GENERALUABILrrY -SY0775 PX-25 811l2025 8/1/2026 EACH OCCURRENCE $1400,000 CLAIMSWADE OCCUR PREtJISES EEa cccunsnoe)__, $5 00,000 i ME D EXP An 2!n rs-) $10,000 _may..... d N i Iv1 Its _ PENS L a ADv INJURY $1 000 OUO _.. _m. . . _ . - _ .__ AGGREGATE LIMIT APPLES PER. GENERAL AGGREGATE $2,000,000 __ POLICY L .,jR O- EJ LOC f j j PRODUCT - P AGO s 2,000,000 .. OTHER: $ D AUTOMOBILE LIABILITY 810-5Y078658-25-26G 8/1/2025 8/112028 MBINED SINGLE LIMIT $1,000,000 AUTOS ONLY OS _ _ X Y AUTO � 4 I BODILY INJURY(Par person) $ OWNED S FOULED ILY INJURY(Per mot) $ HIRED NON-OWNED OPERTY D AGE $ AUTOSONLY A ONLY Corn 4 Cali Dad 1$$1, CUP-2S282IF W- CURRENCEA UMBRELLAUAe 1CU $15, 000 AEC 8079191 112025 8/1/2026 X EXCESS LIAB CLAN -MADE DED i X I RETENTION E WORKERS COMPENSATION W -8 -8008503-2025A 8/112025 81112028 X i R 117E OTH AND EMPLOYERS LIABILITY YIN ANYPROPFI]ETORIPARTNEAIEXECUTIVE I N aA 10 ,E L EACH ACCIDENT $ , OFFTCERIMEMBEREXCLUDED7 _ _-.... _ 9- (Mandatory In NH) ,.E.L.DISEASE EA EMPLOYEE $1,0 , It re ,describe under _. _._._ _ _. _ ..... DCRIPTION OF OPERATI S below E.L°DIS E^POLICY LIMIT $1,000,000 A Installation r QT-630-5Y95 TIL-25 8/112025 8/1/2026 I n tar 7,000,000 F Leased Rented Equiptnent PCXDB-5028641-0825 8/1/2025 811/2026 Le d tinted Equip 50,000 Contractors Pollution Co re I n $1MM1$3MM DESCRIPTION OF OPERATIONS,LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule.may be attached If more ell is required) RE:Thomson School Boiler Replacement North Andover Public School District are Included as Additional Insured for Automobile Liability on a Primary Basis for the conduct of the(Named)Insured,but only to the extent of that liability. North Andover Public School District are included as Additional Insureds for General Liability and Excess(Umbrella)Liability as required by a signed written contract or agreement with the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. North Andover Public School District 566 Main Street AUTHORIZED REPRESENTATIVE North Andover MA 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i Bond No.2364647 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Enterprise Equipment Co.,Inc. Swiss Re Co rporate Solutions America Insurance Corporation 276 Libbey Parkway, 1200 Main Street,Suite 800, This document has Important legal Weymouth,MA 02189 Kansas City,MO 64105 consequences.Consullatlon with an attorney Is encouraged with M respect to its completion or Mailing Address for Notices modification. OWNER: Swiss Re Corporate Solutions America Insurance Corporation Any singular reference to (Mame,legal status and address) 1200 Main Street,Suite 800, Contractor,Surety,Owner or Kansas City,MO 64105 other party shall be considered North Andover Public School District plural where applicable. 566 Main Street, North Andover,MA 01845 CONSTRUCTION CONTRACT Date: 3/23/2026 Amount: One Hundred Eighty-eight Thousand Five Hundred Thirty And No/100 DOLLARS, ($188,530.00) Description: (Name and location) Thomson School Boiler Replacement BOND Date: 3/23/2026 (Not earlier than Construction Contract Date) Amount One Hundred Eighty-elght Thousand Five Hundred Thirty And No/100 DOLLARS, ($188,530.00) Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Vor(Wwm&Niilttt Company: (Corporate Seal) Enterprise Equipment Co.,Inc. `��` �'QU I Pql ���i Swiss Re Corporate Solutions America Insurance Corporation Signature; 'tx:t SEALS ure: ` Name Ke n Lynch,Pre 195 tq; 0,,j Martin LDonovan, -In-ar3 ttle: 's.9s, ;. Title: (Any additional#grtatures appear on the last page of this Perfomanee Bond) (FOR 1AFORMATIONONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATNE: The Driscoll Agency (Architect,Engineer or other par(v.) 141 Longwater Drive,Suite 203 Norwell,MA 02061 781.68L66S6 S-1852JAS 8f1 0 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the(honer 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 fuss 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 Owners 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 Owner's 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. §5 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: §5.1 Arrange for the Contractor,with the consent of the(honer,to perform and complete the Construction Contract §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 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 Owvnefs 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(honer the amount of damages as described in Section 7 fit excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform 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(honer,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 fit Section 5 with reasonable promptness,the Surety shall be deetned to be at default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform it-,obligations under this Bond,and the(honer shall be entitled to enforce any remedy available to the Owner,if the Surety proceeds as provided in Section 5A,and the (honer 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. S-18521AS 8110 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,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 wort: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 ceased 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 or 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 perfonned,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §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 Contact.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 Corrtractor 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 tern Owner shall be deemed to be Contractor. S-1852JAS 8/10 §16 Modifications to this bond are as follows: (.Space is provided below for additional signatures ofadded parties,oilier than Chase appearing on die caner page.) CONTRACTOR AS PRINCIPAL SURETY Company: r.orporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-10521AS 8/10 Bond No.2364647 Document A312TM - 2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: SURETY: (.blame,legal status anal address) (Name,legal status and principal place of business) Enterprise Equipment Co.,Inc. Swiss Re Corporate Solutions America Insurance Corporation 276 Ubbey Parkway, 1200 Main Street,Suite 800, This document has Important legal Weymouth,MA 02189 Kansas City,MO 64105 consequences.Consultation with an attorney is encouraged with Mailing Address for Notices respect to its completion or modification. OWNER: Any singular reference to (Name,legal status and address) Swiss Re Corporate Solutions America Insurance Corporation Contractor,Surety,Owner or North Andover Pubtk School District 1200 Main Street,Suite 800, other party shall be considered 566 Main Street, Kansas City,MO 64105 plural where applicable. North Andover,MA 01945 CONSTRUCTION CONTRACT Date: 3/23/2026 Amount: One Hundred Eighty-eight Thousand Five Hundred Thirty And No/100 DOLLARS, ($188,530.00) Description: (Name and location) Thomson School Bolter Replacement BOND Date: 3/23/2026 (Not earlier than Construction Contract Date) Amount One Hundred Eighty-eight Thousand Five Hundred Thirty And No/100 DOLLARS, ($188,530.00) Modifications to this Bond: ® None F1See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea!) Enterprise Equipment Co.,Inc. %0011111"4tt rrrrr Swiss Re Corporate Solutions America Insurance Corporation l " M Signature: ��% ;Signature: Name ww - ��AIL `:p=Name m Kevin Lynch,Piasiddrt 1959 =andTitle' Martin L.Donovan,Attorney-In-Fact "fr yCHU5E��5:r? (Any additional signatures appedfrgryr ilair� ojthis Pawnent Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Driscoll Agency (Architect,Engineer or other par(y:) 141 L.ongwater Drive, Suite 203 Norwell,MA 02061 781.681.6656 S-2149/AS 8/10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment famished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terns. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Ownet's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor acid the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,Hen or suit. §5 The Surety's obligations to it Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, 1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's foes provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for the payment of any casts or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contact,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be suflicient compliance as of the date received. §14 When this Bond has been furnshed to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond,. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definttions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment firnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment ftanishe d; .5 the date on which the Claimant last performed labor or last firmished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant:An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use;in the performance of the Construction Contract.The tern Claimant also includes any individual or artily that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms`labor,materials or equipment'that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contact,architectural and engineering services required for perfor mane of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contact Documents and all changes made to the agreement and the Contract Documents. 5-2149/AS 8/10 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term(honer shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures ofadded paWes,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8/10 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION('SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION('SRCSPIC') WESTPORT INSURANCECORPORATION("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint: JOHN C.DRISCOLL,TIMOTHY P.LYONS,CLAIRE A.CAVANAUGH,DENNIS DRISCOLL, MARTIN L.DONOVAN,AND TYLER MARTIN JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalfofeach of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED FIFTY MILLION($150,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the l8th of November 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding unon the Corporation when so affixed and in the future with reeard to anv bond,undertaking or contract of surety to which it is attached-" •.•J1pHS�►t6pjC�,,, J��ONS PRfy�FR,, r'ytl.�RPORgl,:-. By �,ryo .QaPORyl.iy�., OSEAL _ ``` SEAL z Erik Jeaa�eat Senior Vice&eni Sor SRCSAIC&Sea Vim Peetidmt : :n„= Sf SRCSPIC!Senior Vice Pretideot of wrc '�ba�;�A!�sso!1a�;tiia�:,` -F y••.., '�µ;.�o� ,,-�„" u.+�- ���°. �!�.S.y#„N; `••` t.;"*"t`O`�,•`.22 Genldhg owaM.Vice Pte"eato(SRCSA1C&vice PteAdato(SRCSPIC ••.II,I.IMI &VIce Praw"f Srw1c IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ® Westport insurance Corporation On this 10 day of NOVEMBER 20 22,before me,a Notary Public personally appeared Erik Janssens,Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. orROM suMAsTimiwie wo .�� '►twabr�'�'& nivuMn I,Jefty Goldberg.the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and S S-an Id which] still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies '4y'of `' 2tL Jeffrey Goldberg,Senior Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WIC