HomeMy WebLinkAboutContract #: 016042 - From: 06-01-2011 To: 05-31-2012 - Coastal Homebuyer Education, Inc - Town of North Andoverz
URBELIS & FIELDSTEEL, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
CAROL HAJJAR McGRAvEY
OF COUNSEL
e-mail chm@uf-law.com
June 1, 2011
Raymond Santilli
Assistant Town Manager
North Andover Town Offices
120 Main Street
North Andover, MA 01845
RE: COASTAL HOMEBUYER EDUCATION, INC.
Dear Ray:
Telephone 978475-4552
Telephone 617-338-2200
Telecopier 617-338-0122
Enclosed please find the above -referenced contract, which has been approved as
to form.
Very truly yours,
ParolHajjar McGravey
CHM/kmp
Enclosure
w:\wp5l\work\n-andove\corresp\santilli.ltr - contract38.dom
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilh
Assistant Town Manager
Attorney Carol McGravey
Urbelis & Fieldsteel, LLP
155 Federal Street
Boston, MA 02110
Dear Ms. McGravey:
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May 27, 2011
TEL (978) 688-9516
FAX (978) 688-9556
Enclosed please find for your review and approval three (3) original contracts, along
accompanying documentation, between the Town of North Andover and Coastal Homebuyer
Education, Inc for administering the Town's Homebuyer Assistance Program per the Request for
Proposals issued on January 10, 2011.
Thank you in advance for your attention to this matter.
Sincerely,
Raymond T. Santilli
Assistant Town Manager
Enclosures
05/25/2011 WED 12:01 FAX 978 465 6204 12001/001
COAST03 OP ID- LB
CERTIFICATE OF LIABILITY INSURANCE DAT0512611`Y)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s). rp
PRODUCER 978-462.4434 N E:
Chase & Lunt LLC 978-465-6204 PHONE
arc Ne
P 0 Box 590
47 State Street ADDRESS:
Newburvoort MA 01950
INSURERA:Peerless Insurance Co.
INSURED Coastal Homebuyer Education INSURER B: Darwin National Assurance
Inc INSURER C :
Ellie O'Leary
PO Box 661 INSURER D:
Newburyport, MA 01950 INSURER E:
INSURER F
r.nwTr w u[nt•s. 0CVICIr1W ILII IIUIQCQ.
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.
I SR
LTR
TYPE OF INSURANCE
ADDLSUBR
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
POLICY NUMBER
POLICY EFF
(MMIDDAIrmMM1D
Town of North Andover
LIMITS
AUTHORIZED REPRESENTATIVE,,
GENERAL LIABILITY
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EACH OCCURRENCE $ 1,000,00
PREMISES fga ogNmencelS 100,00
A
X COMMERCIALGENERALLIABILITY
BOP6556670
06/18111
05118112
MED EXP (Any one person) $ 5,00
CLAIMS -MADE a OCCUR
PERSONAL & ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/012 AGG $ 2,000,00
$
_X1 POLICY MPRO LOC
AUTOMOBILE LIABILITY_(Ea
a8xideot SINGLE LIMIT
BODILY INJURY (Per person) $
ANY AUTO
BODILY INJURY (Per accident) $
ALL OS NFD SCHEDULED
AUTOS
NON -OWNED
HIRED AUTOS AUTOS
PROPERTYDAMAGE$
Ps'..,dant
$
X
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE $ 1,000,00
AGGREGATE $ 11000,00
A
EXCESS UAB
CLAIMS -MADE
CU8858219
05118/11
05116/11
DED I X I RETENTION$ 10000
$
WORKERS COMPENSATION
WIC STATU- OTH
TORY LIMITS
AND EMPLOYERS' LIABILITYIN
ANY PROPRIETORIPARTNERIEXECUTIVE Y
OFRCERIMEMSEREXCLUDED?
(Mandatory In NH)
NIA
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE -POLICY LIMIT $
If yes, desaibe under
DESCRIP I N 'OFOPERATIONS below
B
Errors & Omissions
BD
05118111
05/18112
Per claim 1,000,0
Aggregate 11,00,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is requlnd)
Certificate Holder is included as Additional Insured as respects general
liability coverage, if requif+ed by written contract, as It relates to the
Insured's ongoing operations, until the project is complete.
torKIIrR.AtCnvl-urn
— ---
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Town of North Andover
AUTHORIZED REPRESENTATIVE,,
ww.n wn.�nn rnnoann A77f%L1 All .1..6tc roea.vnd
ACORD 25 (2010105) The ACORD name and logo are registered maffts of ACORD
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the Cca cto ucmPh�,yPr Ed. , Inc.
held on ,Tune 21, 2010 it was
VOTED, THAT
Catherine Batchelder
(Name)
Clerk
(Officer)
Of CHE be and hereby is authorized to execute contracts and bonds in
the name and on behalf of said CHE , and affix its corporate seal hereto;
and such execution of any contract or obligation in the name of r TTP, on
its behalf by such officer under seal of CHE , shall be valid and binding
upon
I hereby certify that I am the clerk of the above named CHE
and
that eat -her; ne Batchelder is the duly elected officer as above of said
CHE , and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
tk 4��-'4. '
:_
D te) (Clerk)
Town of North Andover RFP 1/10/2011 Page 22 of 22
Homebuyer Assistance Program
CERTIFICATIONS
CERTIFICATE OF NON -COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee, union, club or other organization, entity, or group of individuals.
Signature rfr(l O ,Zea r Y DateQA a C
2 CzQ�e'
C -mi olewv, �154i4m G A ' CY- d"V 4/0LAY&e/ ��-CO�(jJ04C.
Print Name & Tit e Company N4 I
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49 (b), I n
l�(oO'Leary , authorized signatory for 9�.[ nht r 1= t(;w tic ,
Name of individual Name of c niractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
16
Signature
Town of North Andover RFP 1/10/2011
Homebuyer Assistance Program
rtUi a1 ,
ate
Page 21 of 22
TOWN OF NORTH ANDOVER
CONTRACT
DATE:
This Contract is entered into on, or as of, this date by and between the Town of North Andover
(the "Town"), and
Contractor: Coastal Homebuyer Education, Inc.
Address: P.O. Box 661
Newburyport, MA 01950
Telephone Number: 978-992-4106
Fax Number: 978-992-4106
1. This is a Contract for the procurement of the following:
Services for administering the Town of North Andover's Homebuyer Assistance Program
for the period of June 1, 2011 through May 31, 2012 in accordance with the Request for
Proposals issued on January 10, 2011
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
$ 500 per application evaluated
$1,500 per each file closed
3. Payment will be made as follows:
Upon receipt of monthly invoice for services performed
4. Definitions:
4.1 Acceptance: All Contracts require proper acceptance of the described goods or
services by the Town of North Andover. Proper acceptance shall be understood to
include inspection of goods and certification of acceptable performance for services by
authorized representatives of the Town to insure that the goods or services are complete
and are as specified in the Contract.
(Rev 5-2007) Contract by and between Town of North Andover and Coastal Homebuyer Education, Inc. Page 1
4.2 Contract Documents: All documents relative to the Contract including (where used)
Instructions to Bidders, Proposal Form, General Conditions, Supplementary General
Conditions, General Specifications, Other Specifications included in Project Manual,
Drawings, and all Addenda issued during the bidding period. The Contract documents
are complementary, and what is called for by any one shall be as binding as if called for
by all. The intention of the document is to include all labor and materials, equipment and
transportation necessary for the proper performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as
the sense and particular Contract so require) include Vendor, Contractor, Engineer, or
other label used to identify the other party in the particular Contract. Use of the term
"Contractor" shall be understood to refer to any other such label used.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the
services are performed, or the goods delivered, in accordance with Contract documents,
as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies or Materials.
4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes
one who furnished material worked to a special design according to the Drawings or
Specifications of this work, but does not include one who merely furnishes material not so
worked.
4.7 Work: The services or materials contracted for, or both.
5. Term of Contract and Time for Performance:
This Contract shall be fully performed by the Contractor in accordance with the provisions of the
Contract Documents on or before May 31, 2012, unless extended pursuant to a provision for extension
contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the
Contractor, and subject to the availability and appropriation of funds as certified by the Town
Accountant. The time limits stated in the Contract documents are of the essence of the Contract.
6. Subject to Appropriation:
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 as certified by the Town Accountant. In the absence of appropriation, this Contract shall be
immediately terminated without liability for damages, penalties or other charges.
7. Permits and Approvals:
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance
of the Contract shall be secured and paid for by the Contractor.
(Rev 5-2007) Contract by and between Town of North Andover and Coastal Homebuyer Education, Inc. Page 2
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilli
Assistant Town Manager
Ms. Catherine Batchelder, Clerk
Coastal Homebuyer Education, Inc
P.O. Box 661
Newburyport, MA 01950
Dear Ms. Batchelder:
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10- 9
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9SSACHUSEt
May 18, 2011
TEL (978) 688-9516
FAX (978) 688-9556
On February 25, 2011 you were sent notice that the Town of North Andover had decided
to award the contract to Coastal Homebuyer Education, Inc to provide services for administering
the Town's Homebuyer Assistance Program per the Request for Proposals issued on January 10,
2011. You were sent the standard Town of North Andover contract for review and signature.
You were asked to return the signed contract documents and all required accompanying
paperwork to my attention as soon as possible. To date, no signed contract documents have been
received.
Please advise if Coastal Homebuyer Education, Inc still has interest in pursuing this
contract opportunity with the Town of North Andover or had decided otherwise. Thank you.
Sincerely,
Raymond T. Santilli
Assistant Town Manager
cc., Curt Bellavance, Community Development
Santilli, Ray
From:
Santilli, Ray
Sent:
Wednesday, May 04, 20119:17 AM
To:
'Ellie O'Leary'
Cc:
Bellavance, Curt; 'gfkoehler@comcast.net'
Subject:
RE: Your Status
Please be advised that Coastal Homebuyer Education, Inc is not authorized to provide any services for the Town of North
Andover unless and until a valid contract for such services is executed. As previously stated, the Town will not be
obligated to pay for any services rendered prior to the execution of a valid contract.
Sa* SantdU.
Assistant Town Manager
Town of North Andover
From: Ellie O'Leary fmailto:EOLeary@CoastalHB.org]
Sent: Tuesday, May 03, 20119:49 AM
To: Santilli, Ray
Subject: RE: Your Status
Excellent. I am glad to have an email address for you. As you can see I was responding to George's request for an
update, which you now have. I have no invoice for North Andover and will not until I am processing applications.
Ellie O'Leary, Program Manager
Coastal Homebuyer Education, Inc.
PO Box 661
Newburyport MA 01950
Phone/Fax 978-992-4106
www.CoastalHomebuyerEducation.blogspot.com
From: Santilli, Ray jmailto:rsantill(�)townofnorthandover.com]
Sent: Tuesday, May 03, 20119:29 AM
To: 'eoleary@coastalhb.org'
Cc: Bellavance, Curt
Subject: RE: Your Status
Ms. O'Leary,
As you are aware, there is not yet a valid contract for Coastal Homebuyer Education to perform any work for the Town of
North Andover. The Town will not be obligated to pay for any services rendered prior to the execution of a valid
contract. Until otherwise directed, please address all correspondence, etc. regarding the services related to the Request for
Proposals and contract execution to this office.
Sana6
Assistant Town Manager
Town of North Andover
1 From: Ellie O'Leary [mailto:EOLeary@CoastalHB.org]
Sent: Tuesday, May 03, 20119:05 AM
To: 'George Koehler'
Cc: Bellavance, Curt
Subject: RE: Your Status
Hello George and Curt,
The recovery is progressing. I'm frustrated but I am also told things are going very well.
I hope to have the contract signed by the end of the week or early next week. I have to have the board approve the cost
of the insurance and the clerk sign the contract. I will send it back to the appropriate town office as soon as I have it. In
the meantime, please let me know what the new parameters are. If we are using HOME funds, that will limit us to 80%
AMI. What will be the amount to each household in the new program? I want to redo the application and the fact sheet
to coincide with the new guidelines.
I will be away for two days attending a family funeral in Greenville Maine, but I will still be in contact through email and
voicemail.
Ellie O'Leary, Program Manager
Coastal Homebuyer Education, Inc.
PO Box 661
Newburyport MA 01950
Phone/Fax 978-992-4106
www.CoastalHomebuyerEducation.blogspot.com
From: George Koehler [mailto:gfkoehler0)comcast.net]
Sent: Monday, May 02, 20118:17 PM
To: Ellie O'Leary
Subject: Your Status
Ellie,
I'm sorry I have taken so long to email you. I hope your knee surgery went well. My wife and son have both had knee
surgery in the last year, and I know from their experience that the knee is a very tough joint to rehab. I hope your
recovery is going as well as you expected.
I'm curious about the status of our homebuyers down payment assistance program. Curt says he is waiting to hear from
you that you have the insurance the town requires. Is that the way you see it? Or are you waiting for something from the
Town?
I realize your knee surgery may have forced you to put everything on hold, and I don't mean to harass you. I just wanted
to hear from you what you think the status is.
Best wishes for your recovery,
george
No virus found in this message.
Checked by AVG - www.avg.com
Version: 10.0.1325 / Virus Database: 1500/3611 - Release Date: 05/02/11
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more
information please refer to: http://www.sec.state.ma.us/pre/preidx.htm.
*i
Santilli, Ray
From: Santilli, Ray
Sent: Tuesday, May 03, 20119:29 AM
To: 'eoleary@coastalhb.org'
Cc: Bellavance, Curt
Subject: RE: Your Status
Ms. O'Leary,
As you are aware, there is not yet a valid contract for Coastal Homebuyer Education to perform any work for the Town of
North Andover. The Town will not be obligated to pay for any services rendered prior to the execution of a valid
contract. Until otherwise directed, please address all correspondence, etc. regarding the services related to the Request for
Proposals and contract execution to this office.
9?a* Switiffi
Assistant Town Manager
Town of North Andover
From: Ellie O'Leary [mailto:EOLeary(d)CoastalHB.org1
Sent: Tuesday, May 03, 20119:05 AM
To: 'George Koehler'
Cc: Bellavance, Curt
Subject: RE: Your Status
Hello George and Curt,
The recovery is progressing. I'm frustrated but I am also told things are going very well.
I hope to have the contract signed by the end of the week or early next week. I have to have the board approve the cost
of the insurance and the clerk sign the contract. I will send it back to the appropriate town office as soon as I have it. In
the meantime, please let me know what the new parameters are. If we are using HOME funds, that will limit us to 80%
AMI. What will be the amount to each household in the new program? I want to redo the application and the fact sheet
to coincide with the new guidelines.
I will be away for two days attending a family funeral in Greenville Maine, but I will still be in contact through email and
voicemail.
Ellie O'Leary, Program Manager
Coastal Homebuyer Education, Inc.
PO Box 661
Newburyport MA 01950
Phone/Fax 978-992-4106
www.CoastalHomebuyerEducation.blogspot.com
From: George Koehler [mailto:gfkoehler@comcast.netl
Sent: Monday, May 02, 20118:17 PM
To: Ellie O'Leary
Subject: Your Status
Ellie,
I'm sorry I have taken so long to email you. I hope your knee surgery went well. My wife and son have both had knee
surgery in the last year, and I know from their experience that the knee is a very tough joint to rehab. I hope your
recovery is going as well as you expected.
I'm curious about the status of our homebuyers down payment assistance program. Curt says he is waiting to hear from
you that you have the insurance the town requires. Is that the way you see it? Or are you waiting for something from the
Town?
I realize your knee surgery may have forced you to put everything on hold, and I don't mean to harass you. I just wanted
to hear from you what you think the status is.
Best wishes for your recovery,
george
No virus found in this message.
Checked by AVG - www.ayg.com
Version: 10.0.1325 / Virus Database: 1500/3611 - Release Date: 05/02/11
Please note the Massachusetts Secretary o Aficc has determined that most emails to and from municipal offices and officials are public records. For more
information please refer to: http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before prsrl=.l, a
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilli ° . ' TEL (978) 688-9516
Assistant Town Manager * �o ,; * FAX (978) 688-9556
February 25, 2011
Ms. Catherine Batchelder, Clerk
Coastal Homebuyer Education, Inc
P.O. Box 661
Newburyport, MA 01950
Dear Ms. Batchelder:
The Town of North Andover has decided to award the contract to Coastal Homebuyer
Education, Inc to provide services for administering the Town's Homebuyer Assistance Program
per the Request for Proposals issued on January 10, 2011.
Enclosed please find three (3) original standard Town of North Andover contracts for
appropriate review and signature. Please return the signed contract documents and all required
accompanying paperwork to my attention as soon as possible. Please ensure that all insurance
certificates list the Town of North Andover as an "additional insured".
If you have any questions and/or concerns, please call me.
Sincerely,
Raymond T. Santilli
Assistant Town Manager
Enclosures
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilli
Assistant Town Manager
Ms. Ellie O'Leary
Coastal Homebuyer Education, Inc.
P.O. Box 661
Newburyport, MA 01950
Dear Ms. O'Leary:
NORTH
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S�CHUSE
March 18, 2011
TEL (978) 688-9516
FAX (978) 688-9556
I am in receipt of your recent letter inquiring as to whether the Town of North Andover
would be willing to waive or reduce the required liability insurance. Be advised this requirement
cannot be waived or reduced. The Request for Proposal issued for the Homebuyer's Assistance
Program clearly outlined all insurance requirements prior to the submission of your proposal and
the awarding of the contract to your company.
Sincerely,
Raymond T. Santilli
Assistant Town Manager
Coastal Homebuyer Education, Inc.
A0'Box 661, Newburyport, MA .01950 Phone/FAX: (978) 992-4106
www.CoastaIHomebuyerEducation.blogspot.com
March 15, 2011
Mr. Raymond Santilli
Assistant Town Manager
Town of North Andover
120 Main Street
North Andover, Massachusetts 01845
Dear Mr. Santilli,
Coastal Homebuyer Education, Inc is pleased to be awarded the contract for the
Down Payment Assistance Program for the Town of North Andover. The delay in
getting the contract back to you is that we do not have the required Liability
insurance as stated in the contract itself.
While we are researching the insurance, ,may I ask if we are able to waive the
requirement or be insured for a lesser amount?
We look #onward -to a continued relationship with the town of -North Andover.
may be reached at 978-99-4106 or at EOLeary@CoastalHB.org.
Yours truly,
(169 0 IL
Ellie O'Leary
INTEROFFICE MEMORANDUM
TO: Ray Santilli, Assistant Town Manager DATE: February 21, 2011
FROM: George Koehler
cc: Curt Belavance, Community Development
SUBJECT: Evaluation of `Homebuyer Assistance Program' Proposal
Per your request in a memo dated 3/11/11, I have reviewed the proposal submitted by Coastal
Homebuyer Education, Inc. in response to North Andover's RFP for the Homebuyer Assistance
Program. Here are my comments on the proposal.
With respect to the Minimum Criteria/Qualifications: I find the proposal meets all of the criteria
listed in the proposal. The vendor and the project manager have over three years of experience.
A list of 3 references was provided. The necessary certifications were provided. I was told a
separate cost proposal was submitted. The vendor did not explicitly list contracts performed in
last 3 years, but the list of references provides information on contracts performed in the last 3
years which I interpret to satisfy this requirement.
With respect to the Comparative Evaluation Criteria: Here is how I score the proposal.
A. Vendor experience: 3 points — the list of references identifies 3 similar projects
B. Familiarity with HUD/HOME requirements: 1 point — I know the vendor's contract
with North Andover required knowledge of HUD/HOME requirements; I don't know
that any other contracts did.
C. Project. Manager's experience: 5 points — Proposed project manager has over six years
experience.
In addition to these formal comments on the proposal, I would like to add an informal comment.
Coastal Homebuyer Education, Inc., and its predecessor organization, Coastal Homebuyer
Programs, LLC, have been doing the kind of work called for in this proposal for over three years.
In that time, they have worked with North Andover and provided excellent service. I am
extremely confident Coastal Homebuyer Education, Inc. is very well qualified to do this work.
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Coastal Homebuyer Education, Inc.
P.O. Box 661, Newburyport, MA 01950 Phone/FAX: (978) 992-4106
www.CoastaIHomebuyerEducation.blogspot.com
January 31, 2011
To Whom It May Concern:
The following is in response to the
Town of North Andover Request for Proposals
Homebuyer Assistance Program
Enclosed please find one original and four copies of:
• Cover Letter
• List of previous clients/references
• Resume of Program Manager
• Certificate of Non -Collusion
• Certificate of Tax Compliance
• Certificate of Vote
o Pricing Proposal — in separate envelope
Coastal Homebuyer Education, Inc.
P.O. Box 661, Newburyport, MA 01950 Phone/FAX: (978) 992-4106
www CoastaIHomebuyerEducation.blogspot.com
January 28, 2011
To Whom It May Concern:
In response to the RFP issued by the Town of North Andover for the Homebuyer
Assistance Program, Coastal Homebuyer Education, Inc. (CHE) offers the following for
consideration.
In 2009, we "split off' from Coastal Homebuyer Programs, LLC to become a non-profit
501(c)3 as Coastal Homebuyer Education, Inc. Some of our references are from work
done as Coastal Homebuyer Programs.
The majority of the work under the proposed contract will be done by Ellie O'Leary, who
has been administering the North Andover down payment assistance program since 2006,
first for Coastal Homebuyer Programs and then as Coastal Homebuyer Education, Inc.
The references are for contract work evaluating affordable housing applications for Pond
View Village in Gloucester (Massachusetts Housing Investment Corporation), Box Works
Homes in Chelsea (Chelsea Neighborhood Development), and the North Andover Down
Payment Assistance Program using both HOME and CPA funds.
We also offer the CHAPA approved Massachusetts Homeownership Collaborative First
Time Homebuyer course required for the Massachusetts Housing Partnership Soft Second
Program, MAHousing, as well as most affordable housing and down payment assistance
programs in the state.
We look forward to a continued relationship with the Town of North Andover.
Ellie O'Leary
Program Manager
Coastal Homebuyer Education, Inc.
M
References for Coastal Homebuyer Education, Inc.:
+ Sandra Blackman
Director of Asset Management
Massachusetts Housing Investment Corporation
70 Federal Street
Boston MA 02110
617-850-1057
blackman@mhic.com
• Emily Loomis
Project Manager
Chelsea Neighborhood Developers
4 Gerrish Avenue
Chelsea, MA 02150
617-889-1375, ext.23
eloomis@chelseand.org
• Curt T. Bellavance
Director of Community Development
Town of North Andover
1600 Osgood Street I Bldg 20 1 Suite 2-36
North Andover, MA 01845
978-688-9531
cbellava@townofnorthandover.com
I
Ellie O'Leary
104 Bridge Road
Salisbury MA 01952
EOLeary@CoastalHB-org
Phone/Fax 978-992-4106
Consulting July 2004 -present
Manager of Coastal Homebuyer Education, Inc.
First Time Homebuyer Workshop facilitator
Processor of applications for affordable housing such as 40B purchases and down payment
assistance using both HOME and CPA funds.
Clients include Massachusetts Housing Investment Corporation, Boston MA and the Town of
North Andover either as an individual or through Coastal Homebuyer Education, Inc.
(initially doing the same or similar work for Coastal Homebuyer Programs, LLC);
Real Estate Sales
Amesbury/Newburyport, Massachusetts December 1986 -June 2004
Listed and sold residential real estate specializing in new construction. Worked for independent
brokers as well as Century 21 and RE/MAX. Most recent employment was with RE/MAX On
the River, Newburyport MA from 11/2002 to 6/2004.
Mortgage Production
Norwest Mortgage (now Wells Fargo) September 1998- August 1999
Danvers MA and South Portland ME January 1994- August 1997
Originated residential loans, oversaw construction lending program, processed disbursements
for FHA 203K rehabilitation loans and served as transaction co -coordinator for closing and
post closing departments. I worked for this company twice, serving as an assistant to the
processing manager in two separate locations.
Human Services
Turning Point, Inc. August 2006 to April 2009
Newburyport MA September 2003 -July 2004
January 1994 -March 1998
Direct care staff in group home for mentally challenged individuals. Advocated for residents
among themselves and in the community. In first term of employment, went from part time to
full time group home manager. Returned in 2003 and again in 2006 as part time employee.
Writing
Women's Writing Retreat 1996 -present
Pyramid Life Center
Paradox, NY
Attends and has helped to organize and emcee Women's Writing Retreat in the Adirondacks
which meets for one week in July each year. Has participated for fifteen consecutive years and
now teaches self designed course, Writing Thru It, at the same facility on the weekend before
the retreat.
Eagle Tribune
April 1998 -August 1998
North Andover, MA
Reported daily on events in the town of Amesbury, MA with a focus on
local politics and schools. Part time employment.
Education
Mount View High School, Thorndike, Maine
Bates College, Lewiston, Maine
Bachelor of Arts in Psychology, senior thesis exploring the nature of creativity, 1970
Certificate Program for Managing the Non -Profit Organization, University of Maine, 2010
Volunteer Work
Teaches writing and serves on the curriculum committee at Senior College in Belfast, Maine
Alumni volunteer in admissions and reunion planning. Class of 1970 Bates College
Women's Writing Retreat, Pyramid Life Center, Paradox, New York
Proficiencies
Strong personal interaction and communication skills.
Computer literacy including word processing, desktop publishing, spreadsheet, contact
management and internet use.
Creative problem solver with good organizational abilities.
Reference
Sandra R. Blackman
Massachusetts Housing Investment Corporation
Senior Asset Management Officer
70 Federal Street
Boston, MA 02110
617-850-1057
FAX 617-850-1157
E -Mail: blackman@mhic.com
Note: My legal name is Helen O'Leary.
My permanent address is 325 Curtis Road, Monroe Maine 04951.
I rent in Salisbury MA to accommodate my work schedule.
Coastal Homebuyer Education, Inc
P.O.- Box 661, Newburyport, Mk 01.950 Phone/Fax: (978) 992-4106
www.CoastalHomebuyerEducation.blo_qspot.com
February 14, 2011
Mr. Raymond Santilli
Assistant Town Manager
Town of North Andover
120 Main Street
North Andover, Massachusetts
Dear Mr. Santilli,
I received your letter today dated February 11, 2011 seeking additional
information. I am.including the contact information for three previous
contracts.
1. -Sandra Blackman of MHIC for our.w . done at Pond View Village m
Gloucester
2. Emily Loomis of Chelsea Neighboorhood Development for Box Works
Homes in Chelsea
3. Curt Bellavance of the Town of North Andover for the previous contract
for North Andover Homebuyer Assistance Program
Your letter mentions a previous letter, but I did not receive that one. The
letter I received today mentions that you are awarding the contract, but does
not say to whom. I am hoping the contract is being awarded to Coastal
Homebuyer Education since you have asked us for further documentation.
Yours truly,
Ellie O'Leary
Program Manager
EOLeary@CoastalHB.org
References for Coastal Homebuyer Education, Inc.:
. Sandra Blackman
Director of Asset Management
Massachusetts Housing Investment Corporation
70 Federal Street
Boston MA 02110
617-850-1057
blackman(cDmhic.com
• Emily Loomis
Project Manager
Chelsea Neighborhood Developers
4 Gerrish Avenue
Chelsea, MA 02150
617-889-1375, ext.23
eloomis.@chelseand.org
Curt T. Bellavance
Director
Community Development, Town of North Andover
1600 Osgood Street I Bldg 20 I Suite 2-36
North Andover, MA 01845
978-688-9531
cbellava@townofnorthandover.com
Coastal Homebuyer Education, Inc.
P.O. Box 661, Newburyport, MA 01950 Phone/FAX: (978) 992-4106
www.CoastalHomebuyerEducation.blogspot.com
Pricing Proposal for Homebuyer Assistance Program - 2011
$500 per each application evaluated.
$1,500 per each closed file.
During 2010, we closed down payment assistance for eight households. Each
closing was paid at the rate of $2,250 for a total of $18,000. That payment
system did not address the inquiries and additional applications that did not go all
the way to a closing. During 2010 there was at least one household that was
approved but withdrew just prior to closing. In that case, no invoice was sent to
the town despite the hours put into that file. Also, paying $2,250 per closed file
can give the appearance of a relatively large fee paid when the award amount
has been only approximately $5,000.
In fact, some of that earned income could have been attributed to the overall job
performed, but that was not the way the program was set up. The new pricing
structure puts some of the payment toward the applications and the bulk of it
towards the closings. Applications are usually approved or denied, but there are
some that remain incomplete. Any application that remains incomplete after 60
days would be closed after notification to the household and an invoice would
then be submitted. Had this pricing been in place during 2010, the overall fee
would have been $18,500 based on eight closings and an additional five
applications.
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilh
Assistant Town Manager
Ms. Ellie O'Leary
Program Manager
Coastal Homebuyer Education, Inc
P.O. Box 661
Newburyport, MA 01950
Dear Ms. O'Leary:
February 11, 2011
TEL (978) 688-9516
FAX (978) 688-9556
In your submission responding to the Town's Request for Proposals for a `Homebuyer
Assistance Program' you did not submit "a complete list of all contracts performed in the past
three (3) years that are similar in scope to this project with contact names and telephone
numbers" as required. Please submit the required information to my attention as soon as
possible.
By previous letter, you were advised the Town of North Andover was awarding the contract
If you have any questions and/or concerns, please call me.
Sincerely,
'Q7� l S ,
Raymond T. Santilli
Assistant Town Manager
INTEROFFICE MEMORANDUM
TO: Curt Bellavance DATE: February 11, 2011
Community Development
FROM: Ray Santilli P�fs
Assistant
Town MAnager
SUBJ: Evaluations of `Homebuyer Assistance Program' Proposal
A total of one (1) submission was received in response to the Request for Proposals for
`Homebuyer Assistance Program'.
The following documents are included in this package:
The complete Request for Proposals document;
• Copy of the one (1) proposal to evaluate.
As you are listed as a reference by the proposer, the Town Manager is directing that George
Kohler evaluate the proposal for acceptance. Please have Mr. Kohler communicate his
recommendation directly to me.
If you have any questions, concerns and/or issues, please call me at 978-688-9516.
Homebuver Assistance Program
One (1) proposal received from Coastal Homebuyer Education, Inc
Issues: fir.
o Since the company lists Curt Bellavance as a reference', can Curt
evaluate and make recommendation on the proposal?
o The company does not meet `minimum criteria/qualifications' as it
did not submit "a complete list of all contracts performed in the
past three (3) years that are similar in scope to this project wit
contact names and telephone numbers."
C;,A'?'` eaA "
t5
�� v
Santilli, Ray
From: Tim O'Malley [TOMALLEY@amerinational.net]
Sent: Tuesday, January 25, 2011 10:28 AM
To: Santilli, Ray
Subject: RFP Questions -Homebuyer Assistance Program
Dear Mr. Santilli,
I have the following questions relative to the above RFP:
1. Define all that is involved with Administering (the) Home Buyer Assistance Program
(Application Intake, Review, Underwriting etc...)?
2. At closing the Administrator is required to attend the closing?
3. How are the 20 existing deferred loans made since 2007 being serviced?
4. Is there an existing Administrator for the towns program today? If yes, what is their name and
how much are they paid?
5. How many loans does the town anticipate making during the course of the contract?
6. Will the Administrator service both the existing and new loan portfolio?
Thanks,
Tim
Timothy J. O'Malley
Senior Vice President of Sales & Marketing
AmeriNational Community Services
921 E. Fort Avenue Ste. 120
Baltimore, Maryland 21230
(410) 644-3901 ext. 1417
This email is confidential and is restricted by AmeriNational's email policy, which can be found at http://www.amerinational.net/emailpolicy.asp
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more
information please refer to: http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
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TOWN OF NORTH ANDOVER
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Fax Number:
Email
January 10, 2011
Ray Santilli
Assistant Town Manager
120 Main Street
North Andover, MA 01845
978-688-9516
978-688-9556
rsantilli@townofnorthandover.com
Table of Contents
1. Introduction............................................................ 3
2. Pre -Proposal Conference/Briefing................................. 3
3. Submission Deadline and Instructions ............................ 3
4. Questions or Addendum ............................................. 4
5. Modifications to Proposal ........................................... 5
6. Background............................................................ 5
7. Scope of Work/Deliverables........................................ 5
8. Minimum Criteria/Qualifications.................................. 6
9. Comparative Evaluation Criteria ................................... 6
10. Timeline.............................................................. 8
11. Method for Award .................................................. 8
Standard Town of North Andover Contract
With Supplement«S"............................................... 9
Certifications............................................................ 21
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Homebuyer Assistance Program
1. Introduction
The Town of North Andover (`Town') is soliciting proposals from qualified companies to
provide services for administering the Town's Homebuyer Assistance Program. The program
and the selected contractor will be overseen by the Community Development Office. Qualified
vendors are requested to submit their proposals to the Assistant Town Manager at the Town Hall,
120 Main Street, North Andover, MA, in accordance with the instructions contained within this
RFP.
Notice of this RFP is published in the Goods and Services Bulletin (which is a weekly
publication of the Office of the Secretary of State), the Eagle -Tribune (a newspaper of general
circulation) and posted on the Town website (www.townofnorthandover.com) under "Available
Bids, Quotes and Proposals"
The Town will accept proposals delivered in person or by mail. All proposals must be received
by 2:00 p.m. on Thursday, February 3, 2011 to be considered. Proposals submitted by fax or by
electronic mail will not be considered. All proposals must be submitted to:
Mr. Ray Santilli, Assistant Town Manager
North Andover Town Hall
120 Main Street
North Andover, MA 01845
The Town of North Andover may cancel this RFP or reject in whole or in part any and all
proposals, if they determine that cancellation or rejection serves the best interest of the Town of
North Andover.
2. Pre -Proposal Conference/Briefing
There will be no pre -proposal submission conference/briefing for this project
3. Submission Deadline and Instructions
Qualified persons or firms are requested to submit proposals in a sealed envelope marked
"Homebuyer Assistance Program" with the applicant's name and address on the front.
Applicants should provide one (1) signed original proposal and four (4) copies. Fax or electronic
submissions will not be accepted.
A complete and all-encompassing pricing proposal sheet is to be submitted in a separate sealed
envelope marked "Pricing Proposal". The pricing proposal sheet is to list and document any and
all proposed charges for the project.
Applicants must also execute and include in their submission the Certificate of Non -Collusion
and the Certificate of Tax Compliance. The Town of North Andover, through the Town
Manager, is the awarding authority and reserves the right to reject any and all proposals or parts
of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to
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these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the
Town of North Andover's best interest to do so.
Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if
the bidder is a partnership, by the name of the partnership, followed by the signature of each
general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature
must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.
All sealed proposals must be received and registered by the Assistant Town Manager's office by
Thursday, February 3, 2011 at 2:00 p.m. All outer envelopes must be labeled "Homebuyer
Assistance Program" and mailed or hand delivered to the following address:
Mr. Ray Santilli, Assistant Town Manager
North Andover Town Hall
120 Main Street
North Andover, MA 01845
No proposals will be accepted after the time and date noted. Late delivery of materials due to
any type of delivery system shall be cause for rejection. If on the date and time of the submittal
deadline the Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or
building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal
business day.
All bidders must submit a list of a minimum of three references, with contact information, where
they are performing or have, in the last three years, performed similar services.
4. Questions or Addendum
Questions concerning this RFP must be submitted in writing to: Ray Santilli, Assistant Town
Manager, North Andover Town Hall, 120 Main Street, North Andover, MA 01845, or they may
be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/ inquiries must
be received by close of business on Tuesday, January 25, 2011 to be considered.
Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be
posted on the Town's website (www.townofnorthandover.com) in "Available Bids, Quotes and
Proposals" by close of business on Thursday, January 27, 2011.
If any changes are made to this RFP, an addendum will be posted on the Town's website in
"Available Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the
existence of any addenda and/or modifications issued by the Town. As this RFP has been
published on the Town's website (www.townofnorthandover.com) all bidders are responsible for
checking the website for any addenda and /or modifications that are subsequently made to this
RFP.
The Town accepts no liability for and will provide no accommodations to bidders who fail to
check for amendments and/or modifications to this RFP and subsequently submit inadequate or
incorrect responses. Bidders may not alter (manually or electronically) the RFP language or any
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RFP component files. Modifications to the body of the RFP, Scope of Work, terms and
conditions, or which change the intent of this RFP are prohibited and may disqualify a response.
All proposals submitted in response to this RFP shall remain firm for sixty (60) days following
the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days
after the submittal deadline.
Bidders are not to communicate directly with any employee of the Town of North Andover,
except as specified in this RFP, and no other individual employee or representative is authorized
to provide any information or respond to any question or inquiry concerning this RFP.
Bidders may contact the Contact Person for this RFP in the event this RFP is incomplete or the
bidder is having trouble obtaining any part of the RFP electronically through the Town website
(www.townofnorthandover.com), including, and without limitation the form and attachments.
Bidder with disabilities or hardships that seek reasonable accommodations, which may include
the receipt of RFP information and/or addenda and/or modifications in an alternative format,
must communicate such requests in writing to the contact person, and reasonable
accommodation will be made by agreement with the contact person on behalf of the Town of
North Andover.
5. Modifications to Proposal
A vendor may correct, modify, or withdraw a proposal by written notice received by the Town
prior to the time and date set for the proposal opening. Proposal modifications must be submitted
in a sealed envelope clearly labeled "Modification No. _." Each modification must be
numbered in sequence, and must reference the original RFP.
6. Background
The Town of North Andover adopted the Community Preservation Act (CPA) in 2001 and has
supported affordable housing in various ways since its adoption. The Town first operated a
homebuyer assistance program by leveraging CPA money for administrative costs and using
both North Shore Consortium (HOME) and CPA funds to support the Homebuyer Assistance
Program.
The Homebuyer Assistance Program has been in place since 2007 and has awarded $273,000 in
homebuyer assistance.
7. Scope of Work/Deliverables
The general scope is to:
o Administer Homebuyer Assistance Program
o Answer questions and inquiries by phone/email
o Review applications and qualify buyers
o Adhere to HOME requirements
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o Responsible for all Registry of Deeds recordings
o Serve as Liaison for Town at "Closings"
o Update Town quarterly and annually on loan disbursements
8. Minimum Criteria/Qualifications
Each applicant must demonstrate that it meets the following minimum qualifications:
A. Vendor shall have a minimum of three (3) years experience in performing the work
described in this RFP.
B. Vendor shall submit a complete list of all contracts performed in the past three (3) years
that are similar in scope to this project with contact names and telephone numbers.
C. Vendor shall submit a minimum of three (3) references of contracts performed that are
similar in scope to this project with contact names and telephone numbers.
D. Vendor includes a project manager who has a minimum of three (3) years experience in
performing the work described in this RFP.
E. Submission of separate and sealed proposal.
F. Submission of required statements and forms.
9. Comparative Evaluation Criteria
All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the
specific comparative evaluation criteria. The following point schedule will be utilized:
Highly advantageous 5 points
Advantageous 3 points
Least Advantageous 1 point
Does Not Meet 0 points *
Response excels on the specific criterion
Response meets evaluation standard for the criterion
Response does not fully meet the criterion or
leaves a question or issue not fully addressed
Does not address the criterion
* Proposal is automatically eliminated from further consideration if "0 points" is received in any
category.
A. Vendor's experience working on similar projects
♦ Vendor having experience working with five (5) or more communities/organizations
similar to the work described in this RFP will be considered Highly Advantageous (5
points)
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♦ Vendor having experience working with three (3) or more but less than five (5)
communities/organizations similar to the work described in this RFP will be
considered Advantageous (3 points)
♦ Vendor having experience working with one (1) or more but less than three (3)
communities/organizations similar to the work described in this RFP will be
considered Least Advantageous (1 point)
♦ Vendor having no experience working with communities/organizations similar to the
work described in this RFP will be considered as Does Not Meet minimum
requirements (0 points and elimination from further consideration)
B. Vendor's understanding of the Housing & Urban Development (HUD) and/or HOME
affordable housing requirements
♦ Vendor has administered five (5) or more projects involving HUD and/or HOME will
be considered Highly Advantageous (5 points)
♦ Vendor has administered three (3) or more but less than five (5) projects involving
HUD and/or HOME will be considered Advantageous (3 points)
♦ Vendor has administered one (1) or more but less than three (3) projects involving
HUD and/or HOME will be considered Least Advantageous (1 point)
♦ Vendor has administered zero (0) projects involving HUD and/or HOME will be
considered as Does Not Meet minimum requirements (0 points and elimination from
further consideration)
C. Assigned Project Manager's years of experience
♦ Assigned Project Manager having a minimum of five (5) years experience in
performing the work described in this RFP will be considered Highly Advantageous (5
points)
♦ Assigned Project Manager having three (3) or more but less than five (5) years
experience in performing the work described in this RFP will be considered
Advantageous (3 points)
♦ Assigned Project Manager having one (1) or more but less than three (3) years
experience in performing the work described in this RFP will be considered Least
Advantageous (1 point)
♦ Assigned Project Manager has less than one year experience in performing the work
described in this RFP will be considered as Does Not Meet minimum requirements (0
points and elimination from further consideration)
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10. Timeline
The consultant will be expected to commence activities immediately upon award of the contract.
The consultant is expected to meet with the Community Development Office and Housing
Partnership Committee when needed to discuss and/or provide an update as to the activity.
11. Method for Award
The contract will be awarded to the responsible and responsive vendor submitting the most
advantageous proposal taking into consideration all evaluation criteria as well as price.
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Town of North Andover
CONTRACT
DATE:
This Contract is entered into on, or as of, this date by and between the Town of North
Andover (the "Town"), and
Contractor:
Address:
Telephone Number: _
Fax Number:
1. This is a Contract for the procurement of the following:
2. The Contract price to be paid to the Contractor by the Town of North Andover is:
3. Payment will be made as follows:
4. Definitions:
4.1 Acceptance: All Contracts require proper acceptance of the described goods or
services by the Town of North Andover. Proper acceptance shall be understood to
include inspection of goods and certification of acceptable performance for services
by authorized representatives of the Town to insure that the goods or services are
complete and are as specified in the Contract.
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4.2 Contract Documents: All documents relative to the Contract including (where
used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary
General Conditions, General Specifications, Other Specifications included in
Project Manual, Drawings, and all Addenda issued during the bidding period. The
Contract documents are complementary, and what is called for by any one shall be
as binding as if called for by all. The intention of the document is to include all
labor and materials, equipment and transportation necessary for the proper
performance of the Contract.
4.3 The Contractor: The "other party" to any Contract with the Town. This term
shall (as the sense and particular Contract so require) include Vendor, Contractor,
Engineer, or other label used to identify the other party in the particular Contract.
Use of the term "Contractor" shall be understood to refer to any other such label
used.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete,
the services are performed, or the goods delivered, in accordance with Contract
documents, as modified by approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies or Materials.
4.6 SubContractor: Those having a direct Contract with the Contractor. The term
includes one who furnished material worked to a special design according to the
Drawings or Specifications of this work, but does not include one who merely
furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
5. Term of Contract and Time for Performance:
This Contract shall be fully performed by the Contractor in accordance with the provisions of the
Contract Documents on or before , unless extended pursuant to a
provision for extension contained in the Contract documents at the sole discretion of the Town,
and not subject to assent by the Contractor, and subject to the availability and appropriation of
funds as certified by the Town Accountant. The time limits stated in the Contract documents are
of the essence of the Contract.
6. Subject to Appropriation:
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 as certified by the Town Accountant. In the absence of appropriation, this
Contract shall be immediately terminated without liability for damages, penalties or other
charges.
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7. Permits and Approvals:
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its
performance of the Contract shall be secured and paid for by the Contractor.
8. Termination and Default:
8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days
notice when in the best interests of the Town by providing notice to the Contractor,
which shall be in writing and shall be deemed delivered and received when given in
person to the Contractor, or when received by fax, express mail, certified mail return
receipt requested, regular mail postage prepaid or delivered by any other appropriate
method evidencing actual receipt by the Contractor. Upon termination without cause,
Contractor will be paid for services rendered to the date of termination.
8.2 For Cause. If the Contractor is determined by the Town to be in default of any term
or condition of this Contract, the Town may terminate this Contract on seven (7) days
notice by providing notice to the Contractor, which shall be in writing and shall be
deemed delivered and received when given in person to the Contractor, or when
received by fax, express mail, certified mail return receipt requested, regular mail
postage prepaid or delivered by any other appropriate method evidencing actual
receipt by the Contractor.
8.3 Default. The following shall constitute events of a default under the Contract:
1) any material misrepresentation made by the Contractor to the Town; 2) any
failure to perform any of its obligations under this Contract including, but not
limited to the following: (i) failure to commence performance of this Contract at
the time specified in this Contract due to a reason or circumstance within the
Contractor's reasonable control, (ii) failure to perform this Contract with
sufficient personnel and equipment or with sufficient material to ensure the
completion of this Contract within the specified time due to a reason or
circumstance within the Contractor's reasonable control, (iii) failure to perform
this Contract in a manner reasonably satisfactory to the Town, (iv) failure to
promptly re -perform within a reasonable time the services that were rejected by
the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for
reasons not beyond the Contractor's reasonable control, (vi) failure to comply
with a material term of this Contract, including, but not limited to, the provision
of insurance and non-discrimination, (vii) any other acts specifically and
expressly stated in this Contract as constituting a basis for termination of this
Contact, and (viii) failure to comply with any and all requirements of state law
and/or regulations, and Town bylaw and/or regulations.
9. The Contractor's Breach and the Town's Remedies:
Failure of the Contractor to comply with any of the terms or conditions of this Contract
shall be deemed a material breach of this Contract, and the Town of North Andover shall
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have all the rights and remedies provided in the Contract documents, the right to cancel,
terminate, or suspend the Contract in whole or in part, the right to maintain any and all
actions at law or in equity or other proceedings with respect to a breach of this Contract,
including damages and specific performance, and the right to select among the remedies
available to it by all of the above.
From any sums due to the Contractor for services, the Town may keep the whole or any
part of the amount for expenses, losses and damages incurred by the Town as a
consequence of procuring services as a result of any failure, omission or mistake of the
Contractor in providing services as provided in this Contract.
10. Statutory Compliance:
10.1 This Contract will be construed and governed by the provisions of applicable
federal, state and local laws and regulations; and wherever any provision of the
Contract or Contract documents shall conflict with any provision or requirement
of federal, state or local law or regulation, then the provisions of law and
regulation shall control. Where applicable to the Contract, the provisions of the
General Laws are incorporated by reference into this Contract, including, but not
limited to, the following:
General Laws Chapter 30B — Procurement of Goods and Services.
General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts.
General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts.
10.2 Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract, this Section shall be understood to import such term or
provision into this Contract. To whatever extent any provision of this Contract
shall be inconsistent with any law or regulation limiting the power or liability of
cities and towns, such law or regulation shall control.
10.3 The Contractor shall give all notices and comply with all laws and regulations
bearing on the performance of the Contract. If the Contractor performs the
Contract in violation of any applicable law or regulation, the Contractor shall bear
all costs arising therefrom.
10.4 The Contractor shall keep itself fully informed of all existing and future State and
National Laws and Municipal By-laws and Regulations and of all orders and
decrees of any bodies or tribunals having jurisdiction in any manner affecting
those engaged or employed in the work, of the materials used in the work or in any
way affecting the conduct of the work. If any discrepancy or inconsistency is
discovered in the Drawings, Specifications or Contract for this work in violation of
any such law, by-law, regulation, order or decree, it shall forthwith report the same
in writing to the Town. It shall, at all times, itself observe and comply with all
such existing and future laws, by-laws, regulations, orders and decrees; and shall
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protect and indemnify the Town of North Andover, and its duly appointed agents
against any claim or liability arising from or based on any violation whether by
him or its agents, employees or subcontractors of any such law, by-law, regulation
or decree.
11. Conflict of Interest:
Both the Town and the Contractor acknowledge the provisions of the State Conflict of
Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any
activity which shall constitute a violation of that law. The Contractor shall be deemed to
have investigated the application of M.G.L. c. 268A to the performance of this Contract;
and by executing the Contract documents the Contractor certifies to the Town that neither
it or its agents, employees, or subcontractors are thereby in violation of General Laws
Chapter 268A.
12. Certification of Tax Compliance
This Contract must include a certification of tax compliance by the Contractor, as
required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance
by All Contractors Providing Goods, Services, or Real Estate Space to the
Commonwealth or Subdivision).
13. Discrimination
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 Chapter 151 B (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.
14. Assignment:
Assignment of this Contract is prohibited, unless and only to the extent that assignment is
provided for expressly in the Contract documents.
15. Condition of Enforceability Against the Town:
This Contract is only binding upon, and enforceable against, the Town if: (1) the
Contract is signed by the Town Manager or its designee; and (2) endorsed with approval
by the Town Accountant as to appropriation or availability of funds; and (3) endorsed
with approval by the Town Counsel as to form.
16. Corporate Contractor:
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its
Clerk's Certificate certifying the corporate capacity and authority of the party signing this
Contract for the corporation. Such certificate shall be accompanied by a letter or other
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instrument stating that such authority continues in full force and effect as of the date the
Contract is executed by the Contractor. This Contract shall not be enforceable against the
Town of North Andover unless and until the Contractor complies with this section.
The Contractor, if a foreign corporation, shall comply with the provisions of the General
Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in
addition thereto, relating to the appointment of the Commissioner of Corporations as its
attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly
authenticated copies of its Charter or Certificate of Incorporation; and said Contractor
shall comply with all the laws of the Commonwealth.
17. Liability of Public Officials:
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.
18. Indemnification:
The Contractor shall indemnify, defend and save harmless the Town, the Town's officers,
agents and employees, from and against any and all damages, liabilities, actions, suits,
proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every
nature and description (including reasonable attorneys' fees) that may arise in whole or in
part out of or in connection with the work being performed or to be performed, or out of
any act or omission by the Contractor, its employees, agents, subcontractors, material
men, and anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, regardless of whether or not it is caused in part by any party
indemnified hereunder. The Contractor further agrees to reimburse the Town for damage
to its property caused by the Contractor, its employees, agents, subcontractors or material
men, and anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, including damages caused by his, its or their use of faulty,
defective, or unsuitable material or equipment, unless the damage is caused by the
Town's gross negligence or willful misconduct. The existence of insurance shall in no
way limit the scope of the Contractor's indemnification under this contract.
19. Workers Compensation Insurance:
The Contractor shall provide by insurance for the payment of compensation and the
furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts
(The Worker's Compensation Act) to all employees of the Contractor who are subject to
the provisions of Chapter 152 of the General Laws of Massachusetts.
Failure to provide and continue in force such insurance during the period of this Contract
shall be deemed a material breach of this Contract, shall operate as an immediate
termination thereof, and Contractor shall indemnify the Town for all losses, claims, and
actions resulting from the failure to provide the insurance required by this Article.
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The Contractor shall furnish to the Town evidence of such insurance prior to the
execution of this Contract before the same shall be binding on the parties thereto, except
if specifically waived by the Town.
20. Documents, Materials, Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the
Contractor under this Contract are to be kept confidential and shall not be made available
to any individual or organization by the Contractor (except agents, servants, or employees
of the Contractor) without the prior written approval of the Town, except as otherwise
required by law. The Contractor shall comply with the provisions Chapter 66A of the
General Laws of Massachusetts as it relates to public documents, and all other state and
federal laws and regulations relating to confidentiality, security, privacy and use of
confidential data.
Any materials produced in whole or in part under this Contract shall not be subject to
copyright, except by the Town, in the United States or any other country. The Town
shall have unrestricted authority to, without payment of any royalty, commission, or
additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise
use, and authorize others to use, in whole or in part, any reports, data or other materials
prepared under this Contract.
All data, reports, programs, software, equipment, furnishings, and any other
documentation or product paid for by the Town shall vest in the Town at the termination
of this Contract. The Contractor shall at all times, during or after termination of this
Contract, obtain the prior written approval of the Town before making any statement
bearing on the work performed or data collected under this Contract to the press or issues
any material for publication through any medium.
21. Audit, Inspection and Recordkeeping
At any time during normal business hours, and as often as the Town may deem it
reasonably necessary, there shall be available in the office of the Contractor for the
purpose of audit, examination, and/or to make excerpts or transcript all records, contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement.
22. Pam
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth
in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice
detailing the work completed and acceptance from the Town of the work completed.
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23. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation
contained in this Contract may be made only by written amendment executed by all
signatories to the original Agreement, prior to the effective date of the amendment.
To the extent allowed by law, any conditions, duties, and obligations contained in this
Contract may be waived only by written Agreement by both parties.
Forbearance or indulgence in any form or manner by a party shall not be construed as a
waiver, nor in any manner limit the legal or equitable remedies available to that party.
No waiver by either party of any default or breach shall constitute a waiver of any
subsequent default or breach of a similar or different matter.
24. Forum and Choice of Law
This Contract and any performance herein shall be governed by and be construed in
accordance with the laws of the Commonwealth. Any and all proceedings or actions
relating to subject matter herein shall be brought and maintained in the courts of the
Commonwealth or the federal district court sitting in the Commonwealth, which shall
have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any
other legal rights of the parties.
25. Notices
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.
26. Binding on Successors:
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or
successors in interest (and where not corporate, the heirs and estate of the Contractor).
27. Complete Contract:
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.
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28. Supplemental Conditions:
The foregoing provisions apply to all contracts to which the Town of North Andover
shall be a party. One of the following "Supplements" must be "checked" as applicable to
this Contract, shall be attached hereto, and shall in any event apply as the nature of the
Contract requires. The Supplement contains additional terms governing the Contract:
[ ] GOODS
SUPPLEMENT "G" - Applicable to Contracts for the procurement of
Goods (governed by the provisions of General Laws
Chapter 30B)
[ X ] SERVICES
SUPPLEMENT "S" - Applicable to Contracts for the procurement of
Services (governed by the provisions of General
Laws Chapter 30B)
[ ] CONSTRUCTION
SUPPLEMENT "C" - Applicable to Contracts for Construction
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IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set
forth their hands the day and year first above written.
Division/Department Head
Contract Manager
Town Manager Date
APPROVED AS TO FORM:
Town Counsel
THE CONTRACTOR
Company Name
Signature
Print Name & Title
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Town Accountant
Town of North Andover RFP 1/10/2011
Homebuyer Assistance Program
Date
Date
Page 18 of 22
SUPPLEMENT "S"
This form supplements the general provisions of the Contract between the Town of North Andover, and
, which Contract is a contract for the procurement of services.
"Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include
employment agreements, collective bargaining agreements, or grant agreements.
Change Orders:
Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the
quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter
30B, §13.
Minimum Wage/Prevailing Wage;
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 Chapter 151, §1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as
they may from time to time be amended. The Contractor will at all times comply with the wage rates as
determined by the Commissioner of the Department of Labor and Industries, under the provisions of
General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended.
Insurance -
The Contractor shall obtain and maintain the following insurance:
5.1 Workers Compensation Insurance of the scope and amount required by the laws of the
Commonwealth of Massachusetts.
5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per
occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or
property damage arising out of the work.
5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed
vehicles with limits of at least $1 Million per person, and $1 Million per accident.
5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and
minimum limits of liability acceptable under the Contract. However, it shall be the
Contractor's responsibility to purchase and maintain insurance of such character and in
such amounts as will adequately protect it and the Town from and against all claims,
damages, losses and expenses resulting from exposure to any casualty liability in the
performance of the work.
5.5 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. Properly executed certificates signifying adequate
Town of North Andover RFP 1/10/2011 Page 19 of 22
Homebuyer Assistance Program
coverage in effect for the duration of the contract with renewal certificates issued not less
than 30 days prior to expiration of a policy period, must be submitted to the Town prior
to commencement of this Agreement.
5.6 The Town shall be named as an additional insured on the above referenced liability
policies, and the Contractor's insurance shall be the primary coverage. The cost of such
insurance, including required endorsements or amendments, shall be the sole
responsibility of the Contractor.
6. Indemnification:
The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and
employees from and against any and all damages, liabilities, actions, suits, proceedings, claims,
demands, losses, costs, expenses, recoveries and judgments of every nature and description
(including reasonable attorneys' fees) brought or recovered against them that may arise in whole
or in part out of or in connection with the work being performed or to be performed, or out of
any act or omission by the Contractor, its employees, agents, subcontractors, material men, and
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by any party indemnified
hereunder. The Contractor further agrees to reimburse the Town for damage to its property
caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly
or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be
liable, including damages caused by his, its or their use of faulty, defective or unsuitable material
or equipment, unless the damage is caused by the Town's gross negligence or willful
misconduct. The existence of insurance shall in no way limit the scope of this indemnification.
APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER
Town Counsel
Town Manager
I CERTIFY THAT FUNDS ARE AVAILABLE
IN ACCOUNT No
Department/Division Head
Town Accountant
THE CONTRACTOR:
Date:
Town of North Andover RFP 1/10/2011 Page 20 of 22
Homebuyer Assistance Program
CERTIFICATIONS
CERTIFICATE OF NON -COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee, union, club or other organization, entity, or group of individuals.
Signature
Date
Print Name & Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
authorized signatory for
Name of individual Name of contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
Signature
Date
Town of North Andover RFP 1/10/2011 Page 21 of 22
Homebuyer Assistance Program
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the
held on it was
VOTED, THAT
(Name)
(Officer)
of be and hereby is authorized to execute contracts and bonds in
the name and on behalf of said , and affix its corporate seal hereto;
and such execution of any contract or obligation in the name of on
its behalf by such officer under seal of , shall be valid and binding
upon
I hereby certify that I am the clerk of the above named
and
that is the duly elected officer as above of said
, and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
(Date)
(Clerk)
Town of North Andover RFP 1/10/2011 Page 22 of 22
Homebuyer Assistance Program
Santilli, Ray
From: reg u lations@sec. state. ma. us on behalf of REGS@sec. state. ma. us
Sent: Monday, January 03, 2011 10:33 AM
To: Santilli, Ray
Subject: Publish Date Assigned to Goods and Services
A publish date of 1/10/11 has been assigned to your Goods and Services submission with description of:
The Town of North Andover is soliciting proposals from qualified companies to provide services for administering the
Town's Homebuyer Assistance Program.
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices
and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.litm.
Please consider the environment before printing this email.
% SPR Goods and Services Submit Confirmation Page I of 2
State Publications ations and Regulations
William Francis Galvin, Secretary of the Commonwealth
The following Goods and Services submission was successfully
received.
Planned date of publish is 1/10/2011
Awarding Agency
Agency Name
Town of North Andover 120 Main Street North
and Address:
Andover, MA 01845
Bid Number:
Contact Information
Name:
Rav Santilli
Title:
Assistant Town Manager
Phone:
Email Address:
978-688-9516 Fax 978-688-9556
rsantilli(aDtownofnorthandover.com
Notify email address listed when final publish date assigned.
Address:
(if different
from above)
Description
The Town of North Andover is soliciting proposals from qualified
companies to provide services for administering the Town's
Homebuyer Assistance Program.
Contract Information
Estimated Rate
11
Duration
Bid Release
01-10-2011
Release
11:00 a.m.
Date
Time
Bid Deadline02-03-2011
Deadline 2:00 p.m.
Date
Time
Additional
The complete Request for Proposals document is available at
Information
www.townofnorthandover.com by clicking on 'Available Bids, Quotes
and Proposals'
This page can be printed for your records.
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SPR Goods and Services Submit Confirmation
Page 2 of 2
httn*//www.sec.state.ma.us/snmublidorms/GSSubmitConfirmati on.asnx?iD=48143 1/3/201