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HomeMy WebLinkAboutContract #: 010229 - From: 06-30-2014 To: - Atlas Chairs and Tables - Town of North AndoverSantilli, Ray From: Erin Flannery [Erin@StevensEstate.com] Sent: Friday, February 14, 2014 11:14 AM To: Santilli, Ray; Bellavance, Curt Cc: Iiz@mpdholdings.com Subject: RE: "Atlas Chairs & Tables" Hello Liz, Thank you for letting me know that you have them in stock. We do plan on purchasing the chairs from you we are just unsure of the timeline. I think we will know better in a 4-6 weeks. I hope they are still in stock then! Do you know what the delivery time is once we place the order? We will be in touch as soon as we know what date we plan on making the order. Thanks again. Cheers, Erin E. Flannery- cBourassa Director of the Stevens Estate 72.3 OsgoodStreet North,4-ndover9lA 01845 (978) 682-7072 Etin@StevensEstate.com un m.steyensestate.com Stevens Estate Vendor Book Hi Ray, Just following up on this order. Is there anything else that you need from me? I have everything IN STOCK as of today 2/13/2014. Please advise. Thank you, Liz 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/r)reidx.htm. TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: December 30, 2013 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 Atlas Chairs and Tables for the purchase of banquet chairs for the Stevens Estate in accordance with an Invitation for Bids issued on September 17, 2013. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli TEL (978) 688-9516 Assistant Town Manager FAX (978) 688-9556 December 10, 2013 Mr. Glenn Boghosian, President Atlas Chairs and Tables 12661 Corral Place Santa Fe Springs, CA 90670 Dear Mr. Boghosian: As previously notified, the Town of North Andover has decided to award a contract to Atlas Chairs and Tables for the purchase of banquet chairs for the Stevens Estate per the Invitation for Bids dated September 17, 2013. 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 be advised as the `Certificate of Vote' submitted indicates Mr. Joshua Steig is authorized to sign contracts on behalf of the company, all of the enclosed documents must be signed by him. 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 Santilh Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: December 2, 2013 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, with accompanying documentation, between the Town of North Andover and Atlas Chairs and Tables for the purchase of banquet chairs for the Stevens Estate. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures CERTIFICATE OF VOTE r. At a duly authorized meeting the Board of Directors of the /7 tl�S ; rJ' 1 `� b held on(o Z t it. VOTED, THAT KJ 41r 5±cit4 (Name) .C -Po (Officer) of e and hereby is authorized to execute contracts and bonds in W-4 the name and on behalf of saidAA&'S CL , r rMM S, and affix its corporate seal hereto; and such execution of any contract or obligation in the name of A+I ki (a k =n its behalf by such officer under seal of /} f� aS a.�r S ) TUt S , shall be valid and binding upon I hereby certify that I am the clerk of the above named A,,O, s: r s ttd that o L, t:a. is the duly elected officer as above of said L6 , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. Mate) Certification of the Corporate Clerk QA A AsInIn (CIA) 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 hQ I j Print Name & Title Cis 1cl vn as nr,- Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), i +e , authorized signatory for -Jr �S nS G Name of individua Name of cont actor 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 12(19 (W) Date yl Ifr Form W'9 Request for Taxpayer Give Form to the (Rev. December 2011)Identification Number and Certification requester. Do not Department of the Treasury Send t0 the IRS. Internal Revenue Service Name s shown on your income tax return) I r CA 0 NBusiness name/disregarded en1lname, if different from above N O . Check appropriate box for federa4x classification: o ❑ Individual/sole proprietor Corporation ❑ S Corporation ElPartnership ElTrust/estate N O. O ❑Exempt payee 3 F] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► o------------------------------ in CL ❑ Other (see instructions) !� a Address (number, street, and apt. or suite no.) Requester's name andaddress (optional) CC N� 'l A_Nja'`� vOL City, state, and ZIP code I12-0 "CAky--\ N R to" r GV�s kiq C04e List account number(s) her (options ' Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions onn page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification i number to enter. M2 -o -5Vmo JjQW Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. _ 1 Sign Signature of Here I U.S. person ► General Instructions ' Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or -'-" Date 11 - Note. Note. If a requester gives you a your TIN, you must use the reqs to this Form W-9. other than F� W-9 to request 's form if it is substantially similar Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. V Cat. No. 10231X Form W-9 (Rev. 12-2011) TOWN OF NORTH ANDOVER CONTRACT 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: Atlas Chairs and Tables Address: 12661 Corral Place Santa Fe Springs, CA 90670 Telephone Number: 562-777-1051 Fax Number: 562-777-1081 1. This is a Contract for the procurement of the following: Banquet chairs for the Stevens Estate function facility per the Invitation for Bids dated September 17, 2013 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Item Quantity Unit Price Total Price Resin folding chairs 220 $ 22.00 $ 4,840.00 Chiavari chairs 220 $ 48.00 $ 10,560.00 Dolly for resin folding chairs 1 $ 100.00 $ 100.00 Chiavari chair transport cart 1 $ 80.00 $ 80.00 $ 15,580.00 * includes delivery 3. Payment will be made as follows: Upon delivery and acceptance of goods, and receipt of invoice, net 30 (Rev 5-2007) Contract by and between Town of North Andover and Atlas Chairs & Tables Page 1 C7 -A - t 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. 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 June 30, 2014, 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 (Rev 5-2007) Contract by and between Town of North Andover and Atlas Chairs & Tables Page 2 SUPPLEMENT "G" 1. This form supplements the general provisions of the Contract between the Town of North Andover and Atlas Chairs and Tables, which Contract is a contract for the procurement of goods. 2. "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 3. Change Orders: Change orders may not increase the contract price by more than twenty-five percent (25%), in compliance with General Laws Chapter 30B, §13. 4. This Contract for purchase includes the following delivery, installation or setup requirements: Delivery to The Stevens Estate 723 Osgood Street North Andover, MA 01845 Dated: THE TOWN OF NORTH ANDOVER Town Manager THE CONTRACTOR in (Rev 5-2007) Supplement "G" to Contract between the Town of North Andover Page 1 and Atlas Chairs and Tables TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh p TEL (978) 688-9516 Assistant Town Manager * �o FAX (978) 688-9556 November 14, 2013 Mr. Glenn Boghosian, President Atlas Chairs and Tables 12661 Corral Place Santa Fe Springs, CA 90670 Dear Mr. Boghosian: The Town of North Andover has decided to award a contract to Atlas Chairs and Tables for the purchase of banquet chairs for the Stevens Estate per the Invitation for Bids dated September 17, 2013. 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. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures ADDENDA #1— September 19, 2013 INVITATION FOR BIDS PURCHASE OF BANQUET CHAIRS STEVENS ESTATE TOWN OF NORTH ANDOVER, MASSACHUSETTS `Appendix A — Price Proposal' in the Invitation for Bids document (page 8) is replaced with the attached new `Appendix A — Price Proposal'. APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description Quantily Unit Price Total Price 1. Resin folding chairs 220 $ $ 2. Chiavari chairs 220 $ $ 3. Dolly for resin folding chairs 1 $ $ 4. Chiavari chair transport cart 1 $ $ Addenda Business Name Business Address Business Phone Email Address GRAND TOTAL $ are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person 0 V a°° H CD O -- 69 NO tn ll 69 kf) O 69 69 6s iU� [� 00 69 " 69 69 69 �i 69 U o a \p 69 �C 69 rn N 69 69 a 0 69 000. 69 0 69 0000 69 U 00 CD 00 CN 01 ON O� 00 C14 � pip O H 69 bs 69 69 Os _ O N - -- 6s 6s 00 N 69 W a 69 C° 6s rn os o 69 k W V] v a 69 N 69 6s kn 6s U p, ... O 0 CD 69 0 0 6s 0 000 os 0 69 N N 0. cd p (� 0 00 M "" 69 0 o I'D bs 0 6s 0 rn 6s 0 on O N 6s ti U U a 0 0 06 't 0 O 000 0 O 0 U 4 o 0 OM 0 � 0 � bs b+s z 69 69 bs (os OlU N N d N O o N U to U U O 0 4r • � M 7-� CSG U O 1-4 4 Q Q Cd U Cd to O 77 0 U U 0) $-4U Q cd U APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description Quantit 1. Resin folding chairs 220 2. Lacrosse helmets ��,aN A NNOO i) 220 3. Dolly for resin folding chairs 1 4. Chiavari chair transport cart 1 Unit Price Total Price $ \b0 $ bo GRAND TOTAL Addenda are acknowledged: Signature Business Name MN(y Oxw). a� Business Address ���,� Q-IulfIMN �AACQ, �S W Aa`14 A gtk4'0 Business PhoneT �.1 ` --�0 ` Fax 121-- jpQ� Email Address �`� 11YlA��f10�Gi1�Uii1. CAw� �►1-Q'Q�11 �"�� ��v�NlO�i.. �v1 Name of Person Mthorized to sign Price Proposal Wk\k Title of Person Authorized to sign Price Proposal /� S J of Above Person Town of North Andover IFB Page 8 of 21 Purchase of Banquet Chairs 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 !,,� Print Name & Title J Date \D Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Q1140 &Q_660 , authorized signatory for Wml C klcU►w 0LA61 aha Name of individual J 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. Town of North Andover IFB Purchase of Banquet Chairs Date Page 20 of 21 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 that I hereby certify that I am the clerk of the above named and 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 IFB Page 21 of 21 Purchase of Banquet Chairs r APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description 1. Resin folding chairs 2. Chiavari chairs 3. Dolly for resin folding chairs 4. Chiavari chair transport cart Addenda uanti Unit Price Total Price 220 $ 24.91 $ 5`{97• rr° 220 $ $ /0, 777 . 8'19 1 $ $ 1 $ l $ GRAND TOTAL $ &/ 515 , 6S are acknowledged: Signature Business Name .Eve 44 �Lt✓✓I i ✓2 Uo"rCe Business Address /79 Niblick Rol. itt 1.211 jbW o q3w i Business Phone /GG V Fax SD5- ?!192 - 49 Is Email Address PVill p+ nye S. CDM W U11M Al✓ Name offPerson /Authoriz d t sign Price Proposal A,V" t i d!may j Title of Person AutlAized to sign Price Proposal Signature of Above Person 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 1011113 ! llu-/4V A111/tPW _ 7 Fsl. �` 161W Y > T41,A0174,K g, �ovZrLc� Print Name & Title Company Name - CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I IVILc-/4M My(!'�.P/SLI , authorized signatory for 'eY—'Nt_ rDf &N#7411 4 /Z a 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. 1-11� L� Signature Town of North Andover IFB Purchase of Banquet Chairs /0// 3 Date Page 20 of 21 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the &?4 �2t 1,h/A held on A,/ / f,0 / 3 it was VOTED,THAT WO"�M 6tr (Name) (Officer) of .�/ t 'tity.�,`�•,rc �-41 be and hereby is authorized to execute contracts and bonds in the name and on behalf of said J&4&V4 :6, V, "4"., d+'"; and affix its corporate seal hereto; and such execution of any contract or obligation in the name of &41K f r4 VW') Le C-1 ti on its behalf by such officer under seal of a/t�/ M ; ,�, �ev�• shall be valid and binding upon Fi+/Wl�" �'t �� � Pow.tt t I hereby certify that I am the clerk of the above named &o,,4 and that Wig%/+%M M" 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. !n , ,3 (bate) Town of North Andover IFB Purchase of Banquet Chairs (Clerk) Page 21 of 21 Event Furniture Source 179 Niblick Rd # 121 Paso Robles, CA 93446 Name / Address Mr. Ray Santilli, Asst Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Ship To The Stevens Estate 723 Osgood Street North Andover, MA 01845 ph.978-682-7072 Attn: Erin Quote Date Quote # 10/1/2013 2050 Terms Due Date Rep FOB Prepaid 10/9/2013 ES CA Item Description Qty Price Total 1220G Resin folding chair - white - 3 yr warranty 1870G Chiavari Chair - RESIN - Gold w/ivory wood -backed vinyl cushion - 3 year warranty ES9005G Chiavari Dolly ES9000 Folding Chair Dolly Price includes delivery i i i I 220 220 1 1 24.99 48.99 149.99 89.99 5,497.80 10,777.80 149.99 89.99 Saw it elsewhere'or less? Request a PRICE MATCH! Call us today for details. Subtotal $16,515.58 Sales Tax (0.0%) $0.00 Total $16,515.58 Phone # Fax # E-mail Web Site AM 805-434-6084 805-762-4313 will@buyefs.com www.eventfumituresource.com APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description Quantity Unit Price Total Price I. Resin folding chairs 220 $ 63, 0D $ I�j,$b�,DO 2. Chiavari chairs 220 $ 30, DD $ 6omo 3. Dolly for resin folding chairs 1 $ q5' 00 $ �S,UO 4. Chiavari chair transport cart 1 $ 15,00 $ 95, Uig GRAND TOTAL Addenda are acknowledged: Signature $ 2D, I SU, Do Business Name NGr�h) bre_ WQe_SAI-e� rnpr,1�4_ c~° d Wr✓, Business Address q �3o jr6e o Ylo o fto Business Phone �1 " �J�J�o'2{o u d Fax q-15 -535 -- 42y2 Email Address j'711 (e Will uar n5 Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person t 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 I�Rke W i 1 l i a -r -,s ) &1n co,, _w)A-PoA- Print Name & Title Date 10 I q l 13 Nor�hs�o�e IA►l�o�e��t� 171�1ce�-a�--�ce.,T�c, Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I rYl �kL> CJI (l ig-zg , authorized signatory for I V ck496,_ Wy6_,,,Pje o-)A-riee_+P%ace�Tt-jG, 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 Town of North Andover IFB Purchase of Banquet Chairs Date 10191 13 Page 20 of 21 4.1 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 that I hereby certify that I am the clerk of the above named and 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) Town of North Andover IFB Purchase of Banquet Chairs (Clerk) Page 21 of 21 i APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description 1. Resin folding chairs 2. Chiavari chairs 3. Dolly for resin folding chairs 4. Chiavari chair transport cart Addenda *1. Quantity Unit Price 220 $ 220 1 �t 1gaA A0 $ IU.5A $ 111,5y GRAND TOTAL are acknowledged:�/�M Signature Business Name E�tt �C . Business Address �)oce�,e pwejnve. Business Phone 5W1- R`1V6 Fax &(a- fA!g -'�i..5' Email Address -?egg j� 1IJWN • SQ��jQ.y.�eck . C�`M r1 � 1�;c�eck� o� QWEcrvr��•+�k. SaleC Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Signature of Above Person Proposal 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 ). �-ka, Date 0VAW5 y7ess� y�eK\ - ��rec x CF Gvv• 6;AesSeas+% �,co ect Snc- Print Name & Title Company NamTe CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I 9Pu\ , authorized signatory for k,no, 'caeJk 10C 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. � A �-ca 1A� -� kA Signature Date Town of North Andover IFB Page 20 of 21 Purchase of Banquet Chairs APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description 1. Resin folding chairs 2. Chiavari chairs CirDolly for resin folding chairs Chiavari chair transport cart Addenda are acknowledged: uanti Unit Price Total Price,, // 220 $ T 02 $ 8, 3(0 . Yo 220 $ 64.6q $ /1/? G ILD, SO 1 $ i 31.o5 s/3-7.05 1 $ 374.8S $ 3?y.88 GRAND TOTAL $ 2 3 J-37 J3 7,, � 25 l t 43 Do United Procurement LP OPHO Business Name 726 Le,.,,s+ n.:.... Business Address Oakieaf, TX 75154 Business Phone & / - 4/g -0// d Email Address /Vi2v Name of Fax y49- _0// (i ff vo a cu Authorized to sign Price Proposal O►1 1'h i r Person Authori d to si Pric Proposal r ao Person .A U 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. Signatu O Date tU — q-1Zi3 QM (/(/ovc r V1 i"Utre W_&t Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49/J ), I -yq NCL 0146 , authorized signatory for �A �,e.•�Q4�,Ayf' Name of in ividual 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. Si e Date Town of North Andover IFB Page 20 of 21 Purchase of Banquet Chairs APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description"q, Setxk�,CA 1. Resin folding chairs 1 CAie � $pdW�ht.c1 2. s s',,,'E.�,� 4. Chiavari chairs Dolly for resin folding chairs Chiavari chair transport cart uanti Unit Price Total Price 220 $ 3tp -9Q $ , o 220 $ $ 1 $ 1c753�L $ 1 $ $ GRAND TOTAL $ �- 4(4 k. "S L tet Addenda—i-\ SH - art acknowledged: Aigonatu= re Business Name Business Address a*_ Business Phone �$\'cl��-Zi Fax sll�n y Email Address `J aria ' N & -.A Name of Person Authorized to sign Price Proposal Title ofl)rson Aut rued to sign Signature of Above Person Proposal yyn,� 0233 Z 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 'cin d tJ LL, k ��r T� ,-_' .Q,,�, Pnnt Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 2C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for �61/ Name of individual Name of contr r 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 I own of North Andover IFB Purchase of Banquet Chairs /D -7,J3 Date Page 20 of 21 CERTIFICATE OF VOTE At ae-dPully authorized meeting the Board of Directors of the OA TCS& held on �14a- ZV �t was VOTED, THAT (Name) (Officer) of 11V1 e and hereby is authorized to execute contracts and bonds in the name and on beha f of said ! Mi -G, Jnd of ix its corporate seal heret and such execution of any contract or obligation in the name o Q' 6'an' its behalf by such officer under seal of—VU✓1,1, -i 1 Q4'G Ahal a valid and binding upon ISL ;OMt,,L� �L I hereby certify that I am the clerk of the above named ftQA&rand that Ol.� �iQ�, \ is the duly elected officer as above of said OAAV)r r�5i�r i�01M �A-� - ., and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. to -i-t 3 ��- (Date) (Clerk) Town of North Andover IFB Page 21 of 21 Purchase of Banquet Chairs MONITOR EQUIPMENT CO. INC. 129 Washington Street, Duxbury, MA 02332 Tel. 781-934-5621 Fax 781-934-5974 www.drakecorp.com In Europe: C(nll\ tel +39 02 43 79 46 email info@centroerre.com �[nop fo0domg Rmd ,SfagGto1Mg ghdopz • extra strong • extra light weight • extra UV resistant • interlocking • easy handling • easy maintenance i i � v✓ �e by Drake We're not just making chairs! We set new standards for the industry .. and keep walking you into the future Drake Corp. 154 Tices Lane East Brunswick, NJ 08816, USA tel +1 732 254 1530 fax +1 732 254 3509 email contactUS@drakecorp.com ray our name oq wra�� o c v: AG, 4 FOLDING & STACKING CHAIR Most similar to the traditional wood folding chairs, our CHIP chairs are folding, stacking (horizontally and vertically), and come equipped with an interlocking fea- ture that makes moving and storing them quite simple. They are strong, durable, weatherproof, UV protected, don't need painting and require very little maintenance. a EXTRA STRONG &LONG LASTING �QnON CHIP chairs are made of a dual density technopoly- # mer plus GAS system. The result is another incred- ible, exceptionally strong, and good looking chair for the Special Event Market. i SMART DESIGN The LOAD rests on the two bars supporting the seat, NOT on the screws as on similar chairs. All of our folding chairs must comply with a 5001b. of static vertical weight standard. FEDERAL SPECIFICATION AA -C -291F 77 44.5 cm (Vu# FOLDING AND STACKING CHAIRS ITEM# 1CHP-W Chip White ITEM# 1CHPFG-B Chip Black ITEM# 1CHPFG-G Chip Dark Green ITEM# 1 CHPFG-LB Chip Brown Black, Dark Green & Brown Chip chairs have a standard black seat. Chair dimensions when folded: 17 3/8" x 35" x 2 1/3" [inches] 45x89x6[cm] PATENTED STACKING SYSTEM WITH INTERLOCKING PACKAGING Our Chip chairs, come in a box of 5. Box Weight: [52 Ib.] [23.5kg] Box Dim.: 18" x 36" x 13" [inches] 46 x 91.5 x 33 [cm] Made in VSA 1 1 ACCESSORIES EXTRA CHAIR PADS Snap In -Snap Out 1/4"flexible padded resin seats, available in White or Black vinyl. CHAIR PALLETS Highly resistant chair pa/let made of 3/31"thermoformed tech ABS. Capacity of 30 chairs or 300 lbs. of distributed load.It can be used with pallet jacks and chair hand trucks. Protects the hat chair of the stack. _ STACK COVERS Water resistant nylon cover with PVC inner liner, protects the stack during transporta- tion and warehousing. Taylored for a 25 chair stack. CHAIR HAND TRUCK Strong and sturdy he/per for moving stacks of chairs. • 4 pneumatic wheels/10" • Expanded metal backguard • Aluminum fenders protect load from tires • MAX LOAD: 500LB5. ....................................................................................................................................................... O r L %� Chiavarl stacking chair The aesthetic respects the old traditional look but... deep inside our resin Chiavari stacking chairs have been re -engineered from the ground -up. The NEW MIX of techno-polymers the chairs are made of, makes them exceptionally strong, sturdy and a far better alternative to a plastic chair with a metallic insert, at a fraction of the weight. They feature easy handling and low cost maintenance, they are weatherproof, LIV protected and never need painting. The material used at Drake is a composite multi -layer techno-polymer which allows the manufacturing of the strongest and lightest at the same time Chiavari resin chairs on the market. An outer smooth all weather wa�l resistant aesthetic fiberglass added skin, and an inner expanded closed cell modified resin with high mechanical resistance that behaves like a bone and gives exceptional strength to the chair. C W B BE G S White Black Light Brown Gold Silver Seat Dimensions: 16x1608h [inches] or 41 x41 x45h [cm] Stack Dimensions: 7 chairs: 17x26x88h [inches] or 43x68x223 [cm] 8 chairs: 17x27x96h [inches] or 43x69x245 [cm] 10 chairs: 17x28x113h [inches] or 43x70x288 [cm] PATENTED SAFER CHAIR STACKING AND INTERLOCKING SHIPPING inn Our Chiavari chairs are shipped KD (knocked down) 2 chairs per box. I-/. C i Assembly is EASY, screws only, no glue F , required. Instructions are conveniently located on the box. Box Weight: [21 Ib.] [9kg] Box Dim.: 17x37x6 [inches] or 93.5x42x15.5 [cm] Made ►tailly ACCESSORIES CUSHIONS 21' cushion with velcro straps Washable polyester cover 2" urethane foam with fiber batting. White, Natural or Black. 1 1/211 rigid cushion Vinyl leather cover with urethane foam on a PP rigid base White or Black. Chiavari IN THE OUTDOORS (resorts, parks, beaches, etc...) LI A set of our patented lawn shoes (optional) is ideal to enjoy our Chiavari chair outdoors, preventing them from sinking into lawns or sand. Furthermore, the lawn shoes do not interfere with the chair ability to stack the chair. One set includes 4 shoes for one chair. 2011ChiavariUSCS5.indd 2 6/9/11 4;93 PM TOWN OF NORTH ANDOVER INVITATION FOR BIDS PURCHASE OF BANQUET CHAIRS STEVENS ESTATE Contact Address Telephone Number: Fax Number: Email September 17, 2013 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. Submission Deadline and Instructions ............................. 3 3. Questions, Addendum or Proposal Modifications ............... 4 4. Specifications......................................................... 5 5. Evaluation of Bids .................................................... 6 6. Term of Contract...................................................... 7 Appendix A — Bid Submission ......................................... 8 Standard Town of North Andover Contract With Supplement«G".............................................. 9 Certifications............................................................ 20 Town of North Andover IFB Page 2 of 21 Purchase of Banquet Chairs 1. Introduction The Town of North Andover (`Town') is soliciting bids from qualified companies to purchase banquet chairs for the Stevens Estate function facility. Qualified companies are requested to submit bids to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. Notice of this IFB 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 "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 Wednesday, October 9, 2013 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 IFB 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. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Banquet Chairs" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, 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 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. Town of North Andover IFB Page 3 of 21 Purchase of Banquet Chairs All sealed proposals must be received and registered by the Assistant Town Manager's office by Wednesday, October 9, 2013 at 2:00 p.m. All outer envelopes must be labeled "Banquet Chairs" 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 North Andover 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. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Ray Santilli, Assistant Town Manager, 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 4:30 p.m. on Tuesday, October 1, 2013 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 "Bids, Quotes and Proposals" by Thursday, October 3, 2013 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "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 IFB 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 IFB. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB 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 IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Town of North Andover IFB Page 4 of 21 Purchase of Banquet Chairs Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB 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 IFB 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. 4. Specifications A. Resin Folding Chair o White, with white padding o Fully assembled o Recessed hardware o Reinforced back leg o Indoor and Outdoor use o Lightweight design, chair to weigh no more than 12 pounds o Supports minimum weight of 500 pounds o Two (2) or more year's structural warranty on frames o Stackable horizontally, 30+ high o Overall dimensions Seat size: 15'/2" W x 133/4" D Back size: 17'/2" W x 15" H Seat height: 18'/2" H Chair overall: 17'/2" W x 18" D x 303/4" H B. Chiavari Chair o Resin o Gold with ivory or tan o With black wood vinyl Chiavari panel chair cushion o Velcro tabs under cushion panel attach to seat to create seamless look o Fully assembled o Shatter resistant polycarbonate seat o UV inhibitors to help protect against discoloration o Lightweight design, chair to weigh no more than 12 pounds o Indoor and Outdoor use o Supports minimum weight of 500 pounds o Two (2) or more year's structural warranty on frames o Replacement parts available, if needed o Stackable vertical, 8-1.0 high Town of North Andover IFB Page 5 of 21 Purchase of Banquet Chairs C. Dolly for Resin Folding Chairs o Holds 50+ chairs o Waterproof o Indoor and Outdoor use o Durable wheels and handle 0 4" casters, minimum two (2) swivel D. Chiavari Chair Transport Cart o Steel frame structure o Large rear reinforced wheels o Rubberized handle o Indoor and Outdoor use o Dimensions: 25" D x 17" W x 49" H Delivery is to the Stevens Estate, 723 Osgood Street, North Andover MA. Price quoted shall include delivery. 5. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the aggregate price for the products offered by each responsive and responsible bidder will be calculated for the period of the proposed contract. The Town is required to award the contract to the lowest responsive responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and Specifications set forth in the scope of services including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. ■ Responsibility Bidders must demonstrate that they meet the following measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Specifications. The Town may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The Town of North Andover will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFB. Additionally the Town of North Andover IFB Page 6 of 21 Purchase of Banquet Chairs Town of North Andover will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. The Town of North Andover is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. 6. Term of Contract The successful bidder will be required to execute the standard Town of North Andover contract and the appropriate supplement as attached. Town of North Andover IFB Page 7 of 21 Purchase of Banquet Chairs APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. All prices are to remain firm for the duration of the Contract. In the event of a discrepancy between the unit price and the total price, the unit price shall govern. Item Description 1. Resin folding chairs 2. Lacrosse helmets 3. Dolly for resin folding chairs 4. Chiavari chair transport cart Addenda Business Name Business Address Business Phone Email Address Quantity 220 220 1 1 Unit Price m Total Price $ GRAND TOTAL $ are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 8 of 21 Purchase of Banquet Chairs Town of North Andover CONTRACT 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. Town of North Andover IFB Page 9 of 21 Purchase of Banquet Chairs 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 December 31, 2014, 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. Town of North Andover IFB Page 10 of 21 Purchase of Banquet Chairs 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 Town of North Andover IFB Page 11 of 21 Purchase of Banquet Chairs 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 Town of North Andover IFB Page 12 of 21 Purchase of Banquet Chairs 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 gainst 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 Town of North Andover IFB Page 13 of 21 Purchase of Banquet Chairs 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. Liabilitv 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. Town of North Andover IFB Page 14 of 21 Purchase of Banquet Chairs 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. Payment 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. Town of North Andover IFB Page 15 of 21 Purchase of Banquet Chairs 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. Town of North Andover IFB Page 16 of 21 Purchase of Banquet Chairs 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: [ X ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 17 of 21 Purchase of Banquet Chairs IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager Date APPROVED AS TO FORM: Town Counsel Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFB Purchase of Banquet Chairs Date Date Page 18 of 21 SUPPLEMENT "G" 1. 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 goods. 2. "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 3. Change Orders: Change orders may not increase the contract price by more than twenty-five percent (25%), in compliance with General Laws Chapter 3013, § 13. 4. This Contract for purchase includes the following delivery, installation or setup requirements: Dated: a. Delivery to the Stevens Estate located at 723 Osgood Street, North Andover, MA 01845 TOWN OF NORTH ANDOVER am Town Manager THE CONTRACTOR IIn Town of North Andover lFB Page 19 of 21 Purchase of Banquet Chairs 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 IFB Page 20 of 21 Purchase of Banquet Chairs 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 that I hereby certify that I am the clerk of the above named and 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 IFB Page 21 of 21 Purchase of Banquet Chairs Chair option #1: Resin folding chair - white with white padding Fully assembled Can hold up to 500 lbs 2 or more year's structural warranty on the frames Chair weights 12 (or fewer) lbs each Recessed hardware Reinforced back leg Stackable horizontally 30+ high Chair Option #2: (Shown with black padding- would want ivory or tan) Chiavari Chair - RESIN - Gold with ivory or tan attached wood vinyl cushion Shatter resistant polycarbonate seat UV inhibitors to help protect against discoloration 1 Can hold up to 500 lbs Replacement parts available if needed Chair weights (12 or fewer) lbs each Fully assembled 2 or more year's structural warranty on the frames Stackable vertical 8-10 high Chiavari Chair Transport Cart: Metal transport cart used to move stacks of Chiavari Chairs easily. For use for both inside the house and inside the ballroom. Dolly for Resin folding chairs: Hold 50+ chairs Waterproof Durable Wheels and handle r + click to enlarge Santilli, Ray From: REGS@sec. state. ma. us Sent: Tuesday, September 10, 2013 11:21 AM To: Santilli, Ray Subject: Publish Date Assigned to Goods and Services A publish date of 9/16/13 has been assigned to your Goods and Services submission with description of: Purchase of 220 resin folding chairs and 220 chiavari chairs for the Stevens Estate function facility. 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. SPR Goods and Services Submit Confirmation Sitate Publications and Regulations William Francis Galvin, Secretary of the Commonwealth Page 1 of 1 The following Goods and Services submission was successfully received. Planned date of publish is 9/16/2013 Awarding Agency Agency Name Town of North Andover 120 Main Street North and Address: Andover, MA 01845 Bid Number: 11 Contact Information Name: Ray Santilli Title: Assistant Town Manager Phone: 978-688-9516 Fax 978-688-9556 Email Address: rsantilli(i�townofnorthandover.com Notify email address listed when final publish date assigned. Address: (if different from above) Description Purchase of 220 resin folding chairs and 220 chiavari chairs for the Stevens Estate function facility Contract Information Estimated Rate Duration IF Bid Release 09/17/2013 Release 11:00 a.m. Date Time Bid Deadline 10/09/2013 Deadline 2:00 p.m. Date Time Additional The complete Invitation for Bids document will be available on Tuesday, Information September 17, 2013 at 11:00 a.m. at www.townofnorthandover.com by clicking on 'Bids, Quotes and Proposals' This page can be printed for your records. !R d Another Return To Menu http://www.sec.state.ma.us/sprpublicforms/GSSubmitConfirmation.aspx?ID=56545 9/10/2013